Code of Virginia - Title 53.1 Prisons And Other Methods Of Correction - Chapter 2 State Correctional Facilities

53.1-18 Board to have custody of property; right to sue to protect property
The Board shall have custody of both the real and personal property of state correctional facilities. The Board is authorized to institute and prosecute in ...
53.1-19 Establishment of correctional institutions
The Director, subject to the approval of the Board and the Governor, shall determine the necessity for and select the site of any new state ...
53.1-20 Commitment of convicted persons to custody of Director
A. Every person convicted of a felony committed before January 1, 1995, and sentenced to the Department for a total period of more than two ...
53.1-20.1 Compensation of local jails for cost of incarceration
If the Director is unable to accommodate in a state correctional facility any convicted felon sentenced to the Department for a felony committed before January ...
53.1-21 Transfer of prisoners into and between state and local correctional facilities
A. Any person who (1) is accused or convicted of an offense (a) in violation of any county, city or town ordinance within the Commonwealth, ...
53.1-22 Misdemeanant suspected of having contagious disease
Whenever any court shall have reason to believe that a person convicted by it of a misdemeanor who is sentenced to serve time in a ...
53.1-23 Fingerprints, photographs and description
Photographs, fingerprints and a description of each person received by the Department shall be taken and filed for identification purposes. Subject to the provisions of ...
53.1-23.1 Description unavailable
Repealed by Acts 1990, c. 669. ...
53.1-23.2 Department to give notice of the receipt of certain prisoners.
A. At the time of receipt of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to ...
53.1-24 Record of convictions and register to be kept
The Director shall file and preserve a copy of the judgment furnished by the clerk of the court of conviction of each prisoner and keep ...
53.1-25 Director to prescribe rules; rules to be available to prisoners
The Director may prescribe rules for the preservation of state property and the health of prisoners in state correctional facilities and for the government thereof. ...
53.1-25.1 Rules of state correctional facilities
The Director shall prescribe rules for state correctional facilities to ensure that, when physical contact is required between an officer and an inmate and when ...
53.1-26 Confiscation of prohibited articles
Any item of personal property which a prisoner in any state correctional facility is prohibited from possessing by the Code of Virginia or by the ...
53.1-27 Establishment of stores in state correctional facilities
The Director is hereby authorized to provide for the establishment and operation of stores or commissaries in state correctional facilities to deal in such articles ...
53.1-28 Authority to fix discharge date; improper release; warrant, arrest and hearing
For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority ...
53.1-29 Authority for correctional officers and other employees to carry weapons
It shall be lawful for any correctional officer and any noncustodial employee who has been designated by the Director of the Department, and who has ...
53.1-30 Who may enter interior of state correctional facilities; searches of those entering
A. The Governor, members of the General Assembly, and members of the Board of Corrections may go into the interior of any state correctional facility. ...
53.1-31 Sale or lease of gas, oil or minerals
The Director, with the approval of the Board, is empowered to make and execute contracts, easements and leases in the name of the Commonwealth for ...
53.1-31.1 Transportation of prisoners
Notwithstanding any other provision of law, the Department shall provide all transportation to and from court for any prisoner in connection with a crime committed ...
53.1-31.2 Notification of child support due by a prisoner.
The Department of Corrections shall cooperate with the Division of Child Support Enforcement to provide at regular intervals, but at least annually, a list of ...
53.1-32 Treatment and control of prisoners; recreation; religious services
A. It shall be the general purpose of the state correctional facilities to provide proper employment, training and education in accordance with Chapter 18 (§ ...
53.1-32.01 Payment for bodily injury
The Board is authorized to establish administrative procedures for recovering from an inmate the cost for medical treatment of a bodily injury that is inflicted ...
53.1-32.1 Classification system; program assignments; mandatory participation
A. The Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on ...
53.1-32.2 Reentry planning.
The Department shall develop and implement, in cooperation with and taking into account the individual needs and willingness to participate of the inmate, a comprehensive ...
53.1-33 Physical examination of prisoner; ability to work
Each person received by the Department shall be examined by a licensed physician upon his arrival, within 30 days prior to any work assignment in ...
53.1-34 Treatment of prisoner with contagious disease
The Director may, upon the application of the person in charge of any state correctional facility who has been requested in writing so to do ...
53.1-35 Correspondence privileges; receipt of publications
The Director is authorized to prescribe reasonable rules regarding correspondence privileges and the receipt of books, newspapers and periodicals by prisoners within state correctional facilities. ...
53.1-36 Prisoners may assist in medical research programs
Subject to the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1, the Director may permit such prisoners as may volunteer to undergo ...
53.1-37 Furloughs generally; travel expenses; penalties for violations
A. The Director may extend the limits of confinement of any prisoner in any state correctional facility to permit him a furlough under the provisions ...
53.1-38 When ineligible for furloughs
Any prisoner who is convicted of a felony included within the provisions of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 or arson, burglary ...
53.1-39 Certain punishment of prisoners prohibited
Notwithstanding any provision of this Code or of any other law, rule or regulation to the contrary, it shall be unlawful for the Board or ...
53.1-40 Appointment of counsel for indigent prisoners
The judge of a circuit court in whose county or city a state correctional facility is located shall, on motion of the attorney for the ...
53.1-40.01 Conditional release of geriatric prisoners
Any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, (i) who has reached the age ...
53.1-40.1 Medical and mental health treatment of prisoners incapable of giving consent
A. The Director or his designee may petition the circuit court or any district court judge or any special justice, as defined in § 37.2-100, ...
53.1-40.2 Involuntary admission of prisoners with mental illness
A. Upon the petition of the Director or his designee, any district court judge or any special justice, as defined by § 37.2-100, of the ...
53.1-40.3 Place of hearing or proceeding
Any hearing held by a court pursuant to § 53.1-40.1 or § 53.1-40.2 may be held in any courtroom available within the county or city ...
53.1-40.4 Appeal of order authorizing involuntary admission
A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein ...
53.1-40.5 Transfer of prisoner involuntarily admitted
Whenever a prisoner is admitted to a hospital or facility for the care and treatment of the mentally ill, the Director may order the transfer ...
53.1-40.6 Periodic review of prisoner for purposes of retention
The director of a hospital or facility shall require a review of the progress of each prisoner admitted to such hospital or facility to be ...
53.1-40.7 Discharge of prisoner involuntarily admitted
A. The prisoner shall be discharged from a hospital or facility for the care and treatment of the mentally ill to a state or local ...
53.1-40.8 Fees and expenses
A. Any special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of §§ ...
53.1-40.9 Civil admission proceeding prior to release
A prisoner whose release from the custody of the Department of Corrections is imminent and who may have a mental illness and be in need ...
53.1-40.10 Exchange of medical and mental health information and records
Medical and mental health information and records of any person committed to the Department of Corrections may be exchanged among the following: 1. Administrative personnel ...
53.1-41 Opportunities for work and career and technical education
To the extent feasible, it shall be the duty of the Director to provide persons sentenced to the Department with opportunities to work and to ...
53.1-42 Allowance for work and disposition thereof
Every prisoner committed and transferred to the Department and thereafter confined for the sentence for which he was committed in a state or local correctional ...
53.1-43 Pay incentives for prisoners
The Director may, subject to the approval of the Board, establish a system of pay incentives for prisoners confined in any state correctional facility. Such ...
53.1-44 Investment of funds belonging to prisoners; use of income
Portions of the funds held by the Director or by any state correctional facility, which belong to prisoners may, in the discretion of the Director, ...
53.1-45 Sale of prison goods and services; print shop
A. Articles produced or manufactured and services provided by prisoners sentenced to state correctional facilities may be disposed of by the Director by sale only ...
53.1-45.1 Work programs; agreements with other entities
A. The Director, with the prior approval of the Governor, may enter into an agreement with a public or private entity to operate a work ...
53.1-45.2 through 53.1-45.5
Repealed by Acts 2003, cc. 94 and 854, cl. 2. ...
53.1-46 Sale of artistic products
Subject to such rules as he may prescribe, the Director may permit prisoners confined in state correctional facilities to sell to the public artistic products ...
53.1-47 Purchases by agencies, localities and certain nonprofit organizations
Articles and services produced or manufactured by persons confined in state correctional facilities: 1. Shall be purchased by all departments, institutions and agencies of the ...
53.1-48 Exceptions as to purchases
The Director of the Division of Purchases and Supply may exempt a department, institution or agency of the Commonwealth from the provisions of § 53.1-47 ...
53.1-49 Evasion by variance from specifications of Director
No department, institution or agency of the Commonwealth shall be allowed to evade the intent and meaning of §§ 53.1-47 and 53.1-48 by slight variations ...
53.1-50 Vouchers, certificates and warrants not to be questioned
No voucher, certificate or warrant issued on the Comptroller by any such department, institution or agency shall be questioned by him or by the State ...
53.1-51 Intentional violations constitute malfeasance
Intentional violations of §§ 53.1-47 through 53.1-49 and § 53.1-52 by any such department, institution or agency, continued after notice from the Governor to desist, ...
53.1-52 Procedure for purchases
All purchases, except for those of information technology and telecommunications goods and services as provided in § 2.2-2012, made by departments, institutions and agencies of ...
53.1-53 Transfer or sale of by-products of manufacturing processes
In those industries operated by the Department in which saleable by-products are generated while producing primary products, such by-products shall not be classified as surplus ...
53.1-54 Charges and catalogue; annual estimates of requirements by departments, etc
A. The Director shall establish charges for articles produced or manufactured and services provided by prison labor that will, in his judgment, defray the administration, ...
53.1-55 Sale or exchange of goods manufactured by prisoners of other states
It shall be unlawful for any person within this Commonwealth to buy or acquire by exchange on the open market, either for his own use ...
53.1-56 Construction and maintenance of highways; acquisition of quarries, etc.; use of materials for count...
Persons sentenced to the Department shall, so far as practicable, be employed in the construction and maintenance of the State Highway System and secondary system ...
53.1-57 Payments by Commonwealth Transportation Board to Director for labor
The Commonwealth Transportation Board shall pay to the Director monthly for the hours prisoners are employed on the state highway primary system and secondary system ...
53.1-58 Highway employees as guards
The Director, with the consent of the Commonwealth Transportation Commissioner, may appoint and authorize employees of the Department of Transportation to act as guards of ...
53.1-59 Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment ...
The Director is authorized to enter into agreements with the proper authorities of any state agency, county, city, town, local commission or nonprofit civic organization ...
53.1-60 Extending limits of confinement of state prisoners for work and educational programs; disposition o...
A. The Director is authorized to establish work release programs, subject to such rules and regulations as the Board may prescribe, whereby (i) a prisoner ...
53.1-60.1 Duties of Director in collecting court-imposed debt
Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, ...
53.1-61 Determination whether prisoner has dependents receiving public assistance; payment of portion of ea...
A. In order to determine whether a prisoner to be released for employment as provided in § 53.1-60 has dependents receiving public assistance benefits, the ...
53.1-62 When ineligible for work release
Any person who is released from confinement for work release employment pursuant to the provisions of § 53.1-60, who is convicted of a felony included ...
53.1-63 Department to establish facilities for persons committed under Article 2 ({ 19.2-311 et seq.) of ...
A. The Department shall establish, staff and maintain, at any state correctional facility designated by the Board, programs and housing for the rehabilitation, training and ...
53.1-63.1 Department to establish facilities for juveniles sentenced as adults
The Department shall establish, staff and maintain, at any state correctional facilities designated by the Board, programs and housing for the rehabilitation, training, and confinement ...
53.1-64 Programs and facilities
The Department shall establish and maintain within each facility programs for counseling and education, including career and technical education; buildings sufficient to ensure the secure ...
53.1-65 Consideration of report developed at diagnostic facilities
The Department shall give careful consideration to the report developed at the diagnostic facilities established under § 53.1-64 in determining whether persons committed to it ...
53.1-66 Transfer of prisoners to other facilities
Any person confined by the Department in a facility established by this chapter may be transferred from such facility to other facilities in the state ...
53.1-67 Admission to facility; good conduct allowance restricted
In no case shall a person previously confined in a youthful offender facility, whether for a different or the same offense, be confined again in ...
53.1-67.1 Establishment of program; supervision upon completion; report
The Department shall establish, staff and maintain at any state correctional facility designated by the Board of Corrections a Boot Camp Incarceration Program of intensive ...
53.1-67.2 Purpose
The purposes of this article are to (i) provide effective protection of society and (ii) provide efficient and economical correctional services by establishing and maintaining ...
53.1-67.3 Establishment of system
The Director shall establish a statewide community-based system of programs, services and residential and nonresidential facilities for (i) those state-responsible offenders convicted of felonies and ...
53.1-67.4 Authority of Director; purchase of services authorized; location and notification
A. Facilities established under this article may, in the discretion of the Director, be purchased, constructed or leased. The Director is further authorized to employ ...
53.1-67.5 Board to prescribe standards
The Board shall prescribe standards for the development, implementation, operation, and evaluation of programs, services and facilities authorized by this article. The Board shall also ...
53.1-67.6 Minimum programs
The Statewide Community-Based Corrections System shall include, but not be limited to, the following programs, services and facilities: regular and intensive probation supervision, regular and ...
53.1-67.7 Diversion center incarceration program; establishment
The Department is authorized to establish and maintain a system of residential diversion centers for probationers and parolees who require more security and supervision than ...
53.1-67.8 Establishment of program
The Department is authorized to establish and maintain a system of residential detention centers to provide a highly structured, short-term period of incarceration for individuals ...

Last modified: April 3, 2009