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Virginia Statutes, Title 53.1

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Title 53.1, Prisons and Other Methods of Correction

16 chapters · 387 sections in this title.

All chapters in Title 53.1387 Ch 3, Local Correctional Facilities.143 Ch 2, State Correctional Facilities.94 Ch 4, Probation and Parole.55 Ch 1, Administration Generally.30 Ch 6, Commencement of Terms; Credits and A…23 Ch 11, Estates of Prisoners.9 Ch 7, Crimes and Criminal Proceedings Invo…7 Ch 8, AGREEMENT ON DETAINERS6 Ch 15, Corrections Private Services Act.6 Ch 10, Commitment of Aliens.5 Ch 5, Community Correctional Facilities an…3 Ch 9, INTERSTATE CORRECTIONS COMPACT2 Ch 12, Executive Clemency.2 Ch 12.1, Restoration of Civil Rights.2

143 sections·Filtered byTitle 53.1✕Ch 3✕

Va. Code Ann. § 53.1-109 Authority of jail superintendent and jail officers; fees charged to prisoner
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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 as the sheriffs of this Commonwealth have by law over the prisoners committed or transferred to local jails. During the term …
Va. Code Ann. § 53.1-109.01 Authority for regional jail officers to carry weapons
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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 for jailers and custodial officers pursuant to subdivision 7 of § 9.1-102, to carry and use sufficient weapons to prevent escapes, su…
Va. Code Ann. § 53.1-109.1 Handling of funds for regional jail or jail farm; county or city treasurer or director of finance as fiscal agent
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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 or city which is a member of the board of the jail or jail farm, or in a member jurisdiction where there is no treasurer, the director o…
Regional jail superintendents not to be interested in private corrections enterprises

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Va. Code Ann. § 53.1-109.2

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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 corrections corporation doing business in the Commonwealth. However, nothing in this section shall prohibit any regiona…

Va. Code Ann. § 53.1-110 Oath and bond of superintendent and jail officers

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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 shall require the superintendent and jail officers to participate in the blanket surety bond plan for state and local employees e…

Va. Code Ann. § 53.1-111 Work of prisoners

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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 on any other property as the board may direct, unless for good cause shown the court sentencing and committing such prisoners shall order otherwise.

Va. Code Ann. § 53.1-112 Jail or jail farm expenses

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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, clothing and medical attention, shall be borne by the participating political subdivisions. Such participation shall be b…

Va. Code Ann. § 53.1-113 Transportation of prisoners to jail or jail farm

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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 and from the jail or jail farm.

Va. Code Ann. § 53.1-114 Reimbursement of costs

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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 provided for in § 53.1-85.

Va. Code Ann. § 53.1-115 Payment of salaries of superintendents and medical and treatment personnel

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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 paid pro rata by the participating political subdivisions. Such salaries shall be paid in the manner provided in §…

Va. Code Ann. § 53.1-115.1 Superintendents of regional jails and regional jail-farms to make daily reports to Compensation Board

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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 during the preceding day in an electronic format approved by the Compensation Board, stating whether the offense for…

Va. Code Ann. § 53.1-115.2 Establishment of stores in regional jails and regional jail farms

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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 authority, provide for the establishment and operation of stores or commissaries in regional jail or regional jail farm facilities to deal …

Va. Code Ann. § 53.1-116 What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays

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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 committed, and when received into jail; (ii) record of each prisoner; and (iii) written policy stating the criteria for and conditions of ear…

Va. Code Ann. § 53.1-116.1 Jailer to give notice of release of certain prisoners

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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 to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the sheriff, jail superintendent or other jail administrator shall give notice t…

Va. Code Ann. § 53.1-116.1:01 Jailer to give notice of intake of certain prisoners

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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 Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the sheriff, jail superintendent or other jail administrator shall also obtain from that pe…

Va. Code Ann. § 53.1-116.1:02 Jailer-issued identification

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Prior to the release or discharge of any prisoner who has been confined for at least 90 days and does not possess a government-issued identification card, birth certificate, and Social Security card, the sheriff, jail superintendent, or other jail administrator shall provide the …

Va. Code Ann. § 53.1-116.2 Sheriffs to be keepers of jails

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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 jail farm board or regional jail authority, in which case the provisions of § 53.1-106 shall apply.

Va. Code Ann. § 53.1-116.2:1 Jail superintendents to report certain acts of violence occurring within regional correctional facilities to law-enforcement agency; policies

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A. The jail superintendent of any regional correctional facility shall promptly report to the primary local law-enforcement agency in the jurisdiction where such correctional facility is located or to the Department of State Police any act of violence, as defined in § 19.2-297.1,…

Va. Code Ann. § 53.1-116.3 Improper release; capias, arrest and hearing

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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 release or discharge to the sentencing court. The court shall then for good cause shown issue a capias for the arrest of the pr…

Va. Code Ann. § 53.1-117 Violations of rules to be recorded in register

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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 has violated and the time when each violation occurred shall be recorded in a register provided for that purpose.

Va. Code Ann. § 53.1-118 Courts to fine sheriffs for failure to perform duties

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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 respect to the operation of the jail, the court may, after summoning him to show cause against it, summarily fine him not more than …

Va. Code Ann. § 53.1-119 Court duties of sheriff

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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 sheriff, or the superintendent of a regional jail or jail farm, shall receive into the jail facility all persons committed by…

Va. Code Ann. § 53.1-120 Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment

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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 purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Ser…

Va. Code Ann. § 53.1-121 Sheriffs to make daily reports to Compensation Board; failure to send report

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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 approved by the Compensation Board, stating whether the offense is for violation of state law or of city or town ordinance. If…

Va. Code Ann. § 53.1-122 Daily records of sheriffs and jail superintendents

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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, the number of prisoners admitted, the number released and the time of each such admittance and release. Such records shall show such in…

Va. Code Ann. § 53.1-123 Other accounts, information and records as required by Department

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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 the Department.

Va. Code Ann. § 53.1-124 Sheriffs and jail superintendents to report to the courts

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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 the first day of each term of the circuit court, make written reports to the judge thereof, to the attorney for the Commonwealth, and to…

Va. Code Ann. § 53.1-125 Failure of sheriffs or jail superintendents to comply with requirements of board; filing of complaint; withholding salary

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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 of any jail under his control or management, the Board shall file a complaint with the circuit court of the county or city in wh…

Va. Code Ann. § 53.1-126 Responsibility of sheriffs and jail superintendents for food, clothing and medicine

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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 prisoners and such clothing and medicine as may be necessary. Nothing herein shall be construed to require a sheriff, jail sup…

Va. Code Ann. § 53.1-127 Who may enter interior of local correctional facilities; searches of those entering

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A. Members of the local governing bodies that participate in the funding of a local correctional facility may go into the interior of that facility. The Governor, members of the General Assembly, and agents of the Board may go into the interior of any local correctional facility.…

Va. Code Ann. § 53.1-127.1 Establishment of stores in local correctional facilities

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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 articles and services as he deems proper. The net profits from the operation of such store that are generated from the inmates' …

Va. Code Ann. § 53.1-127.2 Fees for telephonic communication systems and electronic visitation and messaging systems for prisoners in local correctional facilities

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Each sheriff or jail superintendent who operates a local correctional facility that utilizes a telephonic communication system, an electronic visitation system, or electronic messaging system, including Voice-over-Internet Protocol technology and web-based communication systems, …

Va. Code Ann. § 53.1-127.3 Deferred or installment payment agreement for unpaid fees

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If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall establish a deferred or installment payment agreement subject to the approval of the general district court. A…

Va. Code Ann. § 53.1-127.5 Collection of fees owed; contract for collection; duties of Department of Taxation

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The sheriff or jail superintendent may (i) contract with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, or (iii) enter into an agreement with the county or city treasurer, upon such terms and conditions as may be establ…

Va. Code Ann. § 53.1-128 Workforces and authorized work places

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The local governing body of any county, city or town may establish workforces in the county, city or town under such conditions as it may prescribe. Such workforces are authorized to work on (i) public property or works owned, leased or operated by the Commonwealth or the county,…

Va. Code Ann. § 53.1-129 Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners

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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 who are awaiting disposition of, or serving sentences imposed for, misdemeanors or felonies to work on (i) state, county, city or town property, (ii)…

Va. Code Ann. § 53.1-130 Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty

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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 projects in which he is interested, nor shall any such prisoner be used for the personal gain or convenience of any sheriff or of any othe…

Va. Code Ann. § 53.1-131 Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings

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A. Any court having jurisdiction for the trial of a person charged with a criminal offense or charged with an offense under Chapter 5 (§ 20-61 et seq.) of Title 20 may, if the defendant is convicted and (i) sentenced to confinement in jail or (ii) being held in jail pending compl…

Va. Code Ann. § 53.1-131.1 Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty

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Any court having jurisdiction for the trial of a person charged with a misdemeanor, traffic offense, any offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or a felony that is not an act of violence as defined in § 19.2-297.1 may, for good cause, if the defendant is convicted…

Va. Code Ann. § 53.1-131.2 Assignment to a home/electronic incarceration program; payment to defray costs; escape; penalty

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A. For purposes of this section, "postpartum person" means a person in postpartum recovery, as that term is defined in § 53.1-133.06. B. Any court having jurisdiction for the trial of a person charged with a criminal offense, a traffic offense or an offense under Chapter 5 (§ 20-…

Va. Code Ann. § 53.1-131.3 Payment of costs associated with prisoners' keep

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Any sheriff or jail superintendent may establish a program to charge inmates a reasonable fee, not to exceed $3 per day, to defray the costs associated with the prisoners' keep. The Board shall develop a model plan and adopt regulations for such program, and shall provide assista…

Va. Code Ann. § 53.1-132 Furloughs from local work release programs; penalty for violations

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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 confinement of any offender participating in a work release program that is subject to the director's authority to permit the offe…

Va. Code Ann. § 53.1-133 Treatment of prisoner with contagious disease

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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 of a circuit court is authorized to have removed from any correctional facility within his jurisdiction any person confined t…

Va. Code Ann. § 53.1-133.01 Medical treatment for prisoners

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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. The State Board of Local and Regional Jails shall develop a model plan and promulgate regulations for such program,…

Va. Code Ann. § 53.1-133.010 Reporting requirement

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A. The sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, shall compile a quarterly summary of all written reports received pursuant to §§ 53.1-133.07 and 53.1-133.08 and shall subm…

Va. Code Ann. § 53.1-133.01:1 Payment for bodily injury

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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 from an inmate the cost for medical treatment of a physical injury that is inflicted inte…

Va. Code Ann. § 53.1-133.02 Notice to be given upon prisoner release, escape, etc

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Prior to the release, including work release, or discharge of any prisoner, and as soon as practicable following his transfer to a prison, a different jail facility, or any other correctional or detention facility, his escape, or the change of his name, the sheriff or superintend…

Va. Code Ann. § 53.1-133.03 Exchange of medical and mental health information and records

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A. Whenever a person is committed to a local or regional 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 consen…

Va. Code Ann. § 53.1-133.04 Medical and mental health treatment of prisoners incapable of giving consent

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A. The sheriff or administrator in charge of a local or regional correctional facility 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 …

Va. Code Ann. § 53.1-133.05 Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses

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A. Any hearing held by a court pursuant to § 53.1-133.04 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place that may be made available by the sheriff or administrator in charge of a local or regional correctio…