Code of Virginia - Title 53.1 Prisons And Other Methods Of Correction - Chapter 3 Local Correctional Facilities

  • 53.1-68 Minimum standards for local correctional facilities, lock-ups and personnel, health inspection...
    A. The Board shall establish minimum standards for the construction, equipment, administration and operation of local correctional facilities, whether heretofore or hereafter established. However, no ...
  • 53.1-69 Board may prohibit confinement and require transfer of prisoners in substandard facilitie...
    The Board is authorized to limit, by its order, the confinement of prisoners in any local correctional facility or lock-up, which is not constructed, equipped, ...
  • 53.1-70 Jurisdiction of court to enforce orders of Board; proceedings
    Any circuit court in any county or city which maintains and operates any local correctional facility or lock-up, or in any county in which is ...
  • 53.1-71 Courts to order jails erected and repaired
    When it shall appear to the circuit court of any county or city that there is no jail therein or that the jail of such ...
  • 53.1-71.1 Private construction, operation, etc., of regional jail facility
    A. Any regional jail authority constituted pursuant to Article 3.1 (§ 53.1-95.2 et seq.) or 5 (§ 53.1-105 et seq.) of Chapter 3 of Title ...
  • 53.1-71.2 Authority of security employees
    Security employees of a regional jail facility contractor shall be allowed to use force and shall exercise their powers and authority only while on the ...
  • 53.1-71.3 Application of certain criminal laws to contractor-operated facilities
    All provisions of law establishing penalties for offenses committed against custodians of inmates or jail guards or officers shall apply mutatis mutandis to offenses committed ...
  • 53.1-71.4 Powers and duties not delegable to contractor
    The regional jail authority issuing the contract shall retain the authority and responsibility for the rules and procedures as they apply to the treatment of ...
  • 53.1-71.5 Board to promulgate regulations
    The Board shall make, adopt and promulgate regulations governing the following aspects of private management and operation of regional jail facilities: 1. Minimum standards for ...
  • 53.1-71.6 State reimbursement to localities
    A. Reimbursement to participating localities for the cost of construction shall be made pursuant to Article 3 (§ 53.1-80 et seq.) of Chapter 3 of ...
  • 53.1-72 Jails of counties and cities to be jails of courts therein
    The jail of each county and city shall be the jail of every court established therein by law. (Code 1950, § 53-137; 1982, c. 636.) ...
  • 53.1-73 When jail of county to be jail for town
    Every town shall have the use of the jail of the county in which such town is located, to aid the constituted authorities of any ...
  • 53.1-74 When court may adopt jail of another county or city
    When a county or city is without an adequate jail, or its jail is to be removed, rebuilt or repaired, the circuit court thereof shall ...
  • 53.1-75 Procedure after adoption
    The keeper of any jail so adopted for a county or city so designated shall, as to the person so conveyed to such jail, be ...
  • 53.1-76 Commitment to jail of another county or city; payment of costs, etc
    In any case should it become necessary or expedient for the safekeeping of any prisoner, or for good cause, a circuit court may commit such ...
  • 53.1-77 Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detent...
    When the jail of any other county or city has been adopted or designated under the provisions of §§ 53.1-74 and 53.1-76, any judge or ...
  • 53.1-78 Jail for Supreme Court
    The jail of any county or city in which the Supreme Court or Court of Appeals or a panel thereof is sitting, may be used ...
  • 53.1-79 Jails for United States prisoners; payment by United States
    The sheriff of any county or city or jail superintendent of any regional jail may receive into his jail any person committed thereto under the ...
  • 53.1-79.1 Agreements to transfer, transport, and confine prisoners
    The sheriff or superintendent of any jail may enter into an agreement with the sheriff or superintendent of any other jail in the Commonwealth to ...
  • 53.1-80 State reimbursement of localities for construction
    A. On and after July 1, 1993, the Commonwealth shall reimburse any city or county up to one-fourth of the capital costs of a jail ...
  • 53.1-81 Construction and operation of regional jail facilities; state reimbursement; agreements with Depart...
    A. Three or more cities or counties, or any combination thereof, are authorized, pursuant to approval of the Board, to construct, enlarge or renovate a ...
  • 53.1-82 Regional contracts for cooperative jailing of offenders; state reimbursement
    A. Three or more counties or cities, or any combination thereof, are authorized to contract for services for the detention and confinement of categories of ...
  • 53.1-82.1 Approval of jail projects by the Board; plan for community corrections
    The Board shall promulgate regulations requiring localities seeking approval of a jail project to (i) submit a community-based corrections plan and (ii) demonstrate that the ...
  • 53.1-82.2 Method of reimbursement; involvement of the Treasury Board
    A. Reimbursements by the Commonwealth to localities or regional jail authorities for a portion of the capital costs of a jail project, made pursuant to ...
  • 53.1-82.3 Budgeting schedule for jail projects
    A. Any city or county or any combination of cities or counties requesting state financial assistance pursuant to §§ 53.1-80, 53.1-81 or § 53.1-82 shall, ...
  • 53.1-83 Description unavailable
    Repealed by Acts 1993, cc. 387 and 787. ...
  • 53.1-83.1 How state appropriations for operating costs of local correctional facilities determined
    The Governor's proposed biennial budget bill shall include, for each fiscal year, an appropriation for operating costs for local correctional facilities. The proposed appropriation shall ...
  • 53.1-84 State funds available to local correctional facilities for operating costs
    The Compensation Board shall apportion among local correctional facilities moneys appropriated in the general appropriation act for the purpose of financial assistance for the confinement ...
  • 53.1-85 Time and manner of payment
    Notwithstanding any contrary provisions of this Code which provide for state reimbursement of certain costs incurred by local correctional facilities, the time and manner of ...
  • 53.1-86 Limitation on use of state funds; records of receipts and disbursements
    No locality receiving state funds under § 53.1-85 shall use such funds for any purpose other than for paying expenses incurred as the result of ...
  • 53.1-87 Cost of maintenance of jails; payment by localities of respective shares of costs; judicial resolut...
    A. In any instance in which a local correctional facility of a county, city or town is designated by the Board as the place where ...
  • 53.1-88 Governing body to examine statements, accounts and invoices and issue warrants
    The governing body of each city or county or its duly authorized representative shall examine all statements of account and invoices laid before it by ...
  • 53.1-89 Description unavailable
    Repealed by Acts 1983, c. 358. ...
  • 53.1-90 Pay for United States prisoners
    Each sheriff or jail superintendent shall collect from the United States, for prisoners of the United States confined in the jail of his county, city ...
  • 53.1-91 Pay for prisoners from other counties, cities or towns
    Each sheriff or jail superintendent shall collect from the counties, cities and towns of the Commonwealth, other than the county, city or region for which ...
  • 53.1-92 Disposition of money collected from United States or other counties, cities or towns
    All moneys so collected by such sheriff from the United States or from any such county, city, town, state or country shall be promptly paid ...
  • 53.1-93 When sheriffs to summon or employ guards and other persons; allowances therefor; fees charged to pr...
    Whenever in the discretion of the court it is necessary for the safekeeping of a prisoner under charge of or sentence for a crime, whether ...
  • 53.1-94 Same when paid by county or city; same when by Compensation Board
    The circuit court, before certifying any allowance pursuant to § 53.1-93, shall inquire into the condition of the jail. If it appears that a guard ...
  • 53.1-95 Provisions applicable to jail farms of counties and cities
    A. When the control, management and supervision of the jail farm of any county or city is not vested in the sheriff of such county ...
  • 53.1-95.1 Limits on state expenditures
    The Governor may withhold approval for state expenditures, by reimbursement or otherwise, for the purposes set out in this article as provided in the current ...
  • 53.1-95.2 Jail authority
    The governing bodies of two or more counties, cities, or towns or a combination thereof may by concurrent ordinances or resolutions or by agreement, create ...
  • 53.1-95.3 Definitions
    As used in this article, the following words and terms shall have the following meanings unless the context indicates another meaning or intent: "County" means ...
  • 53.1-95.4 Ordinance, agreement or resolution creating authority
    A. Each such ordinance, agreement or resolution shall include the following: 1. The name of the "authority" and address of its principal office. 2. The ...
  • 53.1-95.5 Joinder of new subdivision; withdrawal from authority
    Any political subdivision may become a member of any existing authority, and any political subdivision which is a member of an existing authority may withdraw ...
  • 53.1-95.6 Governing body
    The powers of the authority shall be exercised by a governing body established in the manner provided in § 53.1-106. (1990, c. 837.) ...
  • 53.1-95.7 Powers of authority
    Each authority created hereunder shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public safety and welfare, ...
  • 53.1-95.8 Authority of superintendent and jail officers; oath and bond; fees charged to prisoner
    The superintendent appointed by an authority created pursuant to this article to administer its correctional facility shall have and exercise the same control and authority ...
  • 53.1-95.8:1 Handling of funds for regional correctional facility; county or city treasurer or director of finan...
    Any authority constituted pursuant to the provisions of this article or Article 1.1 (§ 53.1-71.1 et seq.) may appoint as its fiscal agent the treasurer ...
  • 53.1-95.9 Acquisition of interests in land
    An authority created pursuant to this article is hereby authorized and empowered to acquire by gift or by lease or purchase solely from funds provided ...
  • 53.1-95.10 Issuance of revenue bonds
    An authority created pursuant to this article is hereby authorized to provide by resolution for the issuance, at one time or from time to time, ...
  • 53.1-95.11 Trust agreements
    In the discretion of an authority created pursuant to this article, any bonds issued under the provisions of this article may be secured by a ...
  • 53.1-95.12 Charge for use of services
    An authority created pursuant to this article is hereby authorized to fix, revise, and charge for the use of the service furnished by the project ...
  • 53.1-95.13 Revenues and proceeds from sale of bonds
    All moneys received pursuant to the provisions of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to ...
  • 53.1-95.14 Rights of bond holders and trustees
    Any holder of bonds issued under the provisions of this article or of any of the coupons appertaining thereto, and the trustee under any trust ...
  • 53.1-95.15 Exemption from taxes
    The exercise of the powers granted by this article shall be in all respects for the benefit of the inhabitants of the Commonwealth, for the ...
  • 53.1-95.16 Issuance of revenue refunding bonds
    The authority is hereby authorized to provide by resolution for the issuance of its revenue refunding bonds for the purpose of refunding any bonds then ...
  • 53.1-95.17 General purpose of an authority
    Without limiting the generality of any provisions of this article, the general purpose of an authority created pursuant to this article is declared to be ...
  • 53.1-95.18 Design-build contracts
    An authority created pursuant to this article may enter into a contract for a jail on a fixed price or not-to-exceed price design-build basis or ...
  • 53.1-95.19 State reimbursement
    An authority created pursuant to this article shall be eligible to receive state reimbursement for jail construction and operation in accordance with the provisions of ...
  • 53.1-95.20 Duty to prescribe rules and regulations
    It shall be the duty of an authority created pursuant to this article to prescribe rules and regulations, not inconsistent with standards of the State ...
  • 53.1-95.21 Supplemental and additional powers
    The foregoing sections of this article shall be deemed to provide an additional and alternative method for the performance of acts authorized thereby, shall be ...
  • 53.1-95.22 Liberal construction
    This article, being necessary for the welfare of the Commonwealth and its inhabitants, shall be liberally construed to effect the purposes thereof. (1990, c. 837.) ...
  • 53.1-95.23 Severability
    The provisions of this article are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision ...
  • 53.1-95.24 Inconsistent laws inapplicable
    All other general or special laws inconsistent with any provision of this article are hereby declared to be inapplicable to the provisions of this article. ...
  • 53.1-96 County and city farms; persons who may be confined
    The governing body of any county or city may, within its respective jurisdiction or elsewhere, establish and maintain a farm where any person convicted and ...
  • 53.1-97 Appointment of superintendent and guards
    The governing body of the county or city establishing and maintaining a farm may appoint a superintendent of the farm and necessary guards therefor who ...
  • 53.1-98 Authority of superintendent and guards
    The superintendent shall have and exercise the same control and authority over the prisoners committed or transferred to such farm as the sheriffs of the ...
  • 53.1-99 Jurisdiction of offenses committed by prisoners
    Whenever any farm is situated beyond the limits of the city establishing and maintaining it, the courts of such city shall have concurrent criminal jurisdiction ...
  • 53.1-100 Oath and bond of superintendent and guards
    Before entering upon the duties of their office, the superintendent and guards shall take and subscribe the oath prescribed by § 49-1. The governing body ...
  • 53.1-101 Work by prisoners
    All prisoners convicted and sentenced or transferred to a farm shall be required to work on the farm, unless for good cause shown, the court ...
  • 53.1-102 Sending prisoners to other farms
    Any county or city that has no farm may enter into an agreement with some county or city maintaining a farm to receive and work ...
  • 53.1-103 Farm expenses
    All expenses of maintaining a farm and supporting the prisoners worked thereon, including board, clothing and medical attention, shall be borne by the county or ...
  • 53.1-104 Funds from which expenses of transportation of person committed shall be paid; limitation upon cos...
    The expenses of transporting a person committed to a county or city farm from the place of conviction to the farm and of his maintenance ...
  • 53.1-104.1 Superintendents of jail farms to make monthly reports to Director
    The superintendent of every jail farm shall report on the first day of each month to the Director, giving the record of each prisoner received ...
  • 53.1-105 County and city regional jail or jail farm; persons who may be confined; release and transfer of pr...
    Any combination of two or more counties or cities may establish, maintain and operate a regional jail or jail farm. Any person convicted and sentenced ...
  • 53.1-106 Members of jail or jail farm board or regional jail authority; powers; payment of pro rata cost...
    A. Each regional jail or jail farm shall be supervised and managed by a board or authority to consist of at least the sheriff from ...
  • 53.1-106.1 Location of jail facilities
    No regional jail or jail farm board or authority created by any combination of two or more counties or cities, whether pursuant to this article ...
  • 53.1-107 Organization of board; annual report
    The regional jail or jail farm board shall elect a chairman and secretary. The board shall submit annually to the participating political subdivisions a report ...
  • 53.1-108 Expenses and allowance
    Members of the regional jail or jail farm board shall be entitled to necessary expenses incurred in attending meetings of the board. They shall each ...
  • 53.1-109 Authority of jail superintendent and jail officers; fees charged to prisoner
    The jail superintendent shall have and exercise the same control and authority over the prisoners committed or transferred to a regional jail or jail farm ...
  • 53.1-109.01 Authority for regional jail officers to carry weapons
    It shall be lawful for any regional jail officer who has been designated by the superintendent, and who has completed the basic course in firearms ...
  • 53.1-109.1 Handling of funds for regional jail or jail farm; county or city treasurer or director of finance a...
    Any regional jail or jail farm constituted pursuant to the provisions of this article may appoint as its fiscal agent the treasurer of a county ...
  • 53.1-109.2 Regional jail superintendents not to be interested in private corrections enterprises
    No regional jail superintendent shall also serve as an officer or partner of, or derive any personal benefit from, any private corrections enterprise or private ...
  • 53.1-110 Oath and bond of superintendent and jail officers
    Before entering upon the duties of their office the superintendent and jail officers shall take and subscribe the oath prescribed by § 49-1. The board ...
  • 53.1-111 Work of prisoners
    All prisoners convicted and sentenced or transferred to a jail or jail farm shall be required to work on the jail or jail farm or ...
  • 53.1-112 Jail or jail farm expenses
    Except as provided in § 53.1-114, the expenses of operating and maintaining a jail or jail farm and supporting the prisoners working thereon, including board, ...
  • 53.1-113 Transportation of prisoners to jail or jail farm
    Except as provided in § 53.1-114, each political subdivision participating in a jail or jail farm shall bear the cost of transporting its prisoners to ...
  • 53.1-114 Reimbursement of costs
    Counties and cities or any combination thereof operating a regional jail or jail farm shall be paid the reasonable cost of maintaining the facility as ...
  • 53.1-115 Payment of salaries of superintendents and medical and treatment personnel
    The Commonwealth shall pay two-thirds of the salaries of the superintendents and approved medical and treatment personnel of such jails. The other one-third shall be ...
  • 53.1-115.1 Superintendents of regional jails and regional jail-farms to make daily reports to Compensation Boa...
    The superintendent of every regional jail and every regional jail-farm shall report each day to the Compensation Board, giving the record of each prisoner received ...
  • 53.1-115.2 Establishment of stores in regional jails and regional jail farms
    The superintendent of a regional jail or regional jail farm may, with the approval of the governing regional jail or jail farm board or jail ...
  • 53.1-116 What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants...
    A. The jailer shall keep a (i) record describing each person committed to jail, the terms of confinement, for what offense or cause he was ...
  • 53.1-116.1 Jailer to give notice of release of certain prisoners
    A. Prior to the release or discharge of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant ...
  • 53.1-116.1:01 Jailer to give notice of intake of certain prisoners.
    A. At the time of intake of any prisoner, for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to ...
  • 53.1-116.2 Sheriffs to be keepers of jails
    The sheriff of each county or city shall be the keeper of the jail thereof unless that locality is a member of a jail or ...
  • 53.1-116.3 Improper release; capias, arrest and hearing
    The sheriff or jail superintendent or his designee, upon the discovery of an improper release or discharge of a prisoner from custody, shall report such ...
  • 53.1-117 Violations of rules to be recorded in register
    Every time any prisoner in jail is guilty of a violation of the rules so prescribed, the name of the prisoner, the rules which he ...
  • 53.1-118 Courts to fine sheriffs for failure to perform duties
    If it appears to the circuit court having jurisdiction that the sheriff or jail superintendent has in any respect failed to perform his duties with ...
  • 53.1-119 Court duties of sheriff
    The sheriff shall provide officers to attend the courts within his jurisdiction while such courts are in session as the respective judges may require. The ...
  • 53.1-120 Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose...
    A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this ...
  • 53.1-121 Sheriffs to make daily reports to Compensation Board; failure to send report
    The sheriff shall report each day to the Compensation Board, giving the record of each prisoner received during the preceding day in an electronic format ...
  • 53.1-122 Daily records of sheriffs and jail superintendents
    Each sheriff and jail superintendent shall keep a daily record showing the total number of prisoners confined in the jail of his county or city, ...
  • 53.1-123 Other accounts, information and records as required by Department
    Sheriffs and jail superintendents shall keep such other accounts and records and furnish to the Department such information and reports as may be required by ...
  • 53.1-124 Sheriffs and jail superintendents to report to the courts
    A. If requested by the judge, the sheriffs of all local jails and the jail superintendents of all regional jails of this Commonwealth shall, on ...
  • 53.1-125 Failure of sheriffs or jail superintendents to comply with requirements of board; filing of complai...
    If any sheriff or jail superintendent through his default or neglect fails to comply with the requirements of the Board in the operation and management ...
  • 53.1-126 Responsibility of sheriffs and jail superintendents for food, clothing and medicine
    The sheriff or jail superintendent shall purchase at prices as low as reasonably possible all foodstuffs and other provisions used in the feeding of jail ...
  • 53.1-127 Who may enter interior of local correctional facilities; searches of those entering
    A. Members of the local governing bodies which participate in the funding of a local correctional facility may go into the interior of that facility. ...
  • 53.1-127.1 Establishment of stores in local correctional facilities
    Each sheriff who operates a correctional facility is authorized to provide for the establishment and operation of a store or commissary to deal in such ...
  • 53.1-128 Work forces
    The local governing body of any county, city or town may establish work forces in the county, city or town under such conditions as it ...
  • 53.1-129 Order permitting prisoners to work on state, county, city, town, certain private property or nonpro...
    The circuit court of any county or city may, by order entered of record, allow persons confined in the jail of such county or city ...
  • 53.1-130 Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalt...
    No sheriff, jail superintendent, deputy or other jail officer shall have any prisoner work on property owned by him or by his relative, or on ...
  • 53.1-131 Provision for release of prisoner from confinement for employment, educational or other rehabilitat...
    A. Any court having jurisdiction for the trial of a person charged with a criminal offense or charged with an offense under Chapter 5 (§ ...
  • 53.1-131.1 Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalt...
    Any court having jurisdiction for the trial of a person charged with a misdemeanor or traffic offense or charged with any offense under Chapter 5 ...
  • 53.1-131.2 Assignment to a home/electronic incarceration program; payment to defray costs; escape; penalt...
    A. Any court having jurisdiction for the trial of a person charged with a criminal offense, a traffic offense or an offense under Chapter 5 ...
  • 53.1-131.3 Payment of costs associated with prisoner keep
    Any sheriff or jail superintendent may establish a program to charge inmates a reasonable fee, not to exceed $1 per day, to defray the costs ...
  • 53.1-132 Furloughs from local work release programs; penalty for violations
    The director of any work release program authorized by § 53.1-131 may, subject to rules and regulations prescribed by the Board, extend the limits of ...
  • 53.1-133 Treatment of prisoner with contagious disease
    Upon application of the person in charge of a local correctional facility, if that application is affirmed by the physician serving such facility, a judge ...
  • 53.1-133.01 Medical treatment for prisoners
    Any sheriff or superintendent may establish a medical treatment program for prisoners in which prisoners participate and pay towards a portion of the costs thereof. ...
  • 53.1-133.01:1 Payment for bodily injury
    Each jail superintendent or sheriff who operates a correctional facility is authorized to establish administrative procedures according to regulations promulgated by the Board for recovering ...
  • 53.1-133.02 Notice to be given upon prisoner release, escape, etc
    Prior to the release, including work release, or discharge of any prisoner, or his transfer to a prison, a different jail facility or any other ...
  • 53.1-133.03 Exchange of medical and mental health information and records
    Notwithstanding any other provision of law relating to disclosure and confidentiality of patient records maintained by a health care provider, medical and mental health information ...
  • 53.1-133.1 Definition
    As used in this article unless the context requires otherwise or it is otherwise provided, the term "jail industry program" means a program established by ...
  • 53.1-133.2 Establishment of jail industry programs
    The sheriff or jail superintendent operating a local correctional facility, with the approval of the local governing body, jail farm board, or regional jail or ...
  • 53.1-133.3 Eligibility to participate
    Any person under the custody of a sheriff or jail superintendent shall be eligible to participate in the jail industry program on a voluntary basis ...
  • 53.1-133.4 Participant compensation
    A. The sheriff or jail superintendent shall establish an amount to be allowed each jail industry program participant for each day of labor satisfactory to ...
  • 53.1-133.5 Disposition of money collected and payment of expenses for jail industry program
    A. Any county, city or town that implements a jail industry program shall authorize the sheriff, jail superintendent or his designee to establish a separate ...
  • 53.1-133.6 Restriction on sale of jail industry program goods and services; print shop
    A. Articles produced or manufactured and services provided by participants in jail industry programs may be disposed of by the sheriff or jail superintendent by ...
  • 53.1-133.7 Sale of artistic products
    Subject to such rules as he may prescribe, the sheriff or jail superintendent may permit participants in jail industry programs to sell to the public ...
  • 53.1-133.8 Purchases by agencies, localities and certain nonprofit organizations
    Articles and services produced or manufactured by participants in jail industry programs: 1. May be purchased by all departments, institutions and agencies of the Commonwealth ...
  • 53.1-133.9 Charges; advertisement and marketing
    A. The sheriff or jail superintendent, or his designee, shall establish charges for articles produced or manufactured and services provided by the jail industry program ...

Last modified: April 3, 2009