Title 53.1, Prisons and Other Methods of Correction

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 the Commonwealth shall be made as provided by the Division of Purchases and Supply of the Department of…

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 supplies or equipment. Such by-products shall be disposed of as provided in § 2.2-1124. Proceeds from t…

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, operation and maintenance costs and make allowances for depreciation, return on capital and contingencies. B.…

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 or for the purpose of resale, or for any person to sell or exchange on the open market within this Commonwealth, any goods, wares or merchandise p…

Persons sentenced to the Department shall, so far as practicable, be employed in the construction and maintenance of the primary state highway system and secondary system of state highways, and to this end may be used in rock quarries, gravel pits and other plants in the preparat…

The Department of Transportation shall pay to the Director monthly for the hours prisoners are employed on the state highway primary system and secondary system and work incidental thereto, an amount agreed upon by the Department of Corrections and the Department of Transportatio…

The Director, with the consent of the Commissioner of Highways, may appoint and authorize employees of the Department of Transportation to act as guards of prisoners when such prisoners are at work on the roads under the jurisdiction of the Commonwealth Transportation Board. Such…

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 in the Commonwealth to build and maintain roads and streets and to perform such other public works as he may a…

A. The Director is authorized to establish work release programs whereby (i) a prisoner who is proficient in any trade or occupation and whom the Director is satisfied is trustworthy, may be approved for employment by private individuals, corporations or state agencies at places …

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, to the extent possible, the amount required to be paid by the order or judgment from the inmate's trust account. The Director sh…

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 Director may require such person to reveal the identity and residence of any dependents as a condition to release. The Direc…

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 within Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, or arson, burglary or robbery committed while so released, shall, after such …

A. The Department shall establish, staff and maintain, at any state correctional facility designated by the Director, programs and housing for the rehabilitation, training and confinement of persons committed to the Department under the provisions of Article 2 (§ 19.2-311 et seq.…

The Department shall establish, staff and maintain, at any state correctional facilities designated by the Director, programs and housing for the rehabilitation, training, and confinement of juveniles sentenced by the circuit courts as adults and committed to the Department pursu…

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 confinement of persons admitted to the facility; and programs in at least one such facility …

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 under the provisions of § 19.2-311 et seq., are to be confined at a youthful offender facility or elsewh…

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 corrections system for the remainder of the period of commitment under § 16.1-272 or Article 2 (§ 19.2-311 et seq.) of Chapter 18…

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 such a facility, except for the purposes of study, testing and diagnosis. The provisions of §§ 53.1-191, 53.1-196, and 53.1-198 through…

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 appropriate sanction alternatives and by assisting state-responsible offenders who are incarcerated in r…

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 sentenced to alternative forms of punishment and (ii) those state-responsible of…

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 necessary personnel for these facilities. The Director may purchase such services as are deemed necessary in furt…

The Director shall prescribe standards for the development, implementation, operation, and evaluation of programs, services and facilities authorized by this article. The Director shall also prescribe guidelines for the transfer of offenders from a state or local correctional fac…

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 intensive parole supervision for those state-responsible offenders sentenced for an off…

The Department is authorized to establish and maintain a system of residential community corrections alternative facilities for probationers and parolees whose identified risks and needs cannot be addressed by conventional probation or parole supervision and who are committed to …

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, herein referred to as the court, of the county or city in which the prisoner is located for an order authorizing treatment of a prisoner se…

A. Whenever a person is committed to a state correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not rea…

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 county or city where the prisoner is located may issue an order authorizing involuntary admission of a prisoner who is sentenced and committed t…

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 wherein the prisoner is located or any appropriate place which may be made available by the Director and approved by the judge. Nothing herein shall b…

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 the prisoner is located. The decision of the circuit court shall be final with no further right of appeal. B. Such appeal mus…

Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director may order the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, an…

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 conducted at intervals of thirty days, sixty days, and ninety days after admission of such prisoner and every six months thereafter to determ…

A. The prisoner shall be discharged from a hospital or facility for the care and treatment of individuals with mental illness to a state or local correctional facility designated by the Director if there is no further need for involuntary hospitalization or at the expiration of 1…

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 §§ 53.1-40.1 and 53.1-40.2 shall receive a fee as provided in § 37.2-804 for each commitment hearing under § 53.1-40.2 and each proce…

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 of hospitalization or treatment may be the subject of an involuntary admission proceeding under §§ 37.2-814 through 37.2-819 within 15 days prio…

As used in this article, unless the context requires a different meaning: "Postpartum recovery" means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the prisoner, following childbirth. "Restraints" means any…

A. The following restraints shall not be used on any prisoner known to be pregnant upon notification or diagnosis of the pregnancy and for the duration of the pregnancy, unless there is an individualized determination that the prisoner will harm herself, the fetus, the newborn ch…

A. No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable beli…

A. The warden or other official in charge of a state correctional facility that houses women prisoners shall compile a monthly summary of all written reports received pursuant to §§ 53.1-25.1, 53.1-40.12, and 53.1-40.13 and shall submit the summary to the Director each month. B. …

For correctional officers, and juvenile correctional officers who may have contact with pregnant inmates, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant women, the impact of restraints…

The Department shall provide, to the extent practicable, educational programming for prisoners known to be pregnant related to (i) prenatal care, (ii) pregnancy-specific hygiene, (iii) parenting skills, (iv) the impact of alcohol and drugs on the fetus, (v) postpartum recovery he…