Title 53.1, Prisons and Other Methods of Correction

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.

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 any county in the Commonwealth of Virginia. "Governing body" means in the case of a county the board of supervisors and …

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 name of each participating political subdivision, together with the names, addresses and terms of office of the first members of…

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 therefrom, but no political subdivision shall be permitted to withdraw from any authority after any obligation has been i…

The powers of the authority shall be exercised by a governing body established in the manner provided in § 53.1-106.

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, and each such authority is hereby authorized and empowered: 1. To have a seal and alter the same at pleas…

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 over the prisoners committed or transferred to such facility as the sheriffs of this Commonwealth have by l…

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 of a county or city which is a member of the authority, or in the case of member jurisdictions where there is no treasurer, the …

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 under the provisions of this article such lands, structures, property, rights, rights-of-way, franchises, easements, and other in…

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

A. No restraints shall be used on any prisoner known to be pregnant, beginning upon notification or diagnosis by a health care provider about such pregnancy and for the duration of such prisoner's pregnancy, unless a deputy sheriff or jail officer makes an individualized determin…

A. No restraints shall be used on any prisoner who is in postpartum recovery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a fligh…

For deputy sheriffs and jail officers employed in local or regional correctional facilities who may have contact with pregnant prisoners, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant…

There shall be a Virginia Parole Board (the Board) that shall consist of up to five members appointed by the Governor and subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. At l…

In the case of a person serving life imprisonment for murder of the first degree pursuant to § 18.2-32, the final deliberation and vote of whether to grant such person parole shall be attended by a panel of four or more members of the Board. In all other cases, the final delibera…

The Governor shall designate one of the members so appointed as Chairman of the Board. The Board may elect one of its members as Vice-Chairman; in the absence of the Chairman, he shall have the same duties as are conferred upon the Chairman. The Chairman shall be a full-time stat…

In addition to the other powers and duties imposed upon the Board by this article, the Board shall: 1. Adopt, subject to approval by the Governor, general rules governing the granting of parole and eligibility requirements, which shall be published and posted for public review. S…

The Board is authorized to hold and conduct revocation hearings; to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before the Board or any representative of the Board; and to administer oaths and take tes…

It shall be the duty of all prison officials to grant to the members of the Board, or its properly accredited representatives, access at all reasonable times to any prisoner whom the Board has power to parole; to provide for the Board and its representatives facilities for commun…

In addition to other powers and duties prescribed by law, the Chairman of the Board shall: 1. Preside at all meetings of the Board; cause the keeping of minutes of its proceedings and all other records required by law or by the Board incident to its functions, powers and duties; …

The Director of the Department of Corrections shall: 1. Direct and supervise the work of all probation and parole officers employed and authorized as officers of the court pursuant to the provisions of this article and the Virginia Personnel Act (§ 2.2-2900 et seq.); 2. Carry or …

A. The Department shall ensure that educational, vocational, counseling, substance abuse, rehabilitative, and reentry services are available at all probation and parole offices. B. The Department shall work with the Department of Workforce Development and Advancement to provide p…

The Director of the Department shall divide the Commonwealth into as many separate probation and parole districts as he deems necessary to carry out the purposes of this article. The Director may change the area embraced in any probation and parole district to conform to conditio…

There shall be at least one probation and parole officer for each probation and parole district. The Director of the Department may assign officers authorized in one district to duties in another district. However, no such transfer shall be effected without the concurrence of the…

The Director shall employ officers to carry out the powers and duties prescribed in § 53.1-145 and elsewhere in this article. The Director shall submit the names of eligible officers to the judge or judges of the judicial circuit where the officer is initially assigned to be auth…

Each probation and parole officer shall be authorized initially for a term of one year. Subsequent authorizations shall be for indefinite periods.

In addition to other powers and duties prescribed by this article, each probation and parole officer shall: 1. Investigate and report on any case pending in any court or before any judge in his jurisdiction referred to him by the court or judge; 2. Supervise and assist all person…

Upon request of the governing body of a county, city or town, the probation and parole officer shall perform the same duties and have the same powers as to persons convicted for violations of ordinances of the county, city or town as he has as to persons violating laws of the Com…

Each probation and parole officer shall receive as compensation for his services a salary to be fixed in accordance with the standards of classification of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2. Each officer shall also be paid necessary traveling and other expenses incurre…

The court placing any person on probation may transfer such person from the supervision of one probation officer to that of another probation officer. Such transfer shall be reported by the court to both probation officers and to the person on probation. A record of the transfer …

A. Any probation officer appointed pursuant to this chapter may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so, by a written statement setting forth that the probationer has, in the judgment of the probation officer, violat…

A. Any person who has costs assessed against him pursuant to §§ 17.1-275.1, 17.1-275.2, 17.1-275.7, or § 17.1-275.8, or subsection B or C of § 16.1-69.48:1 shall be required to pay, as specified in those sections, a sentencing/supervision fee to be deposited in the general fund o…

Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon his ability to pay, as established pursuant to regulations promulgated by the Director. The regulation…

A. Except as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as…

A. The Parole Board or staff designated by the Board shall use the information collected through the investigation required by § 53.1-155 to determine discretionary parole criteria guidelines when evaluating a prisoner's suitability for release on parole. The Department of Correc…

Every person who is convicted of a felony and also convicted of a misdemeanor and sentenced and committed for the same under the laws of this Commonwealth or of its political subdivisions shall be eligible for parole on the combination of said sentences in the same manner as prov…

Persons convicted of felonies or misdemeanors who are sentenced to jails and not eligible for parole under § 53.1-152, shall be eligible for parole in the same manner as provided in § 53.1-151 when the total sentences to be served, exclusive of fines, are more than twelve months.…

The Virginia Parole Board shall by regulation divide each calendar year into such equal parts as it may deem appropriate to the efficient administration of the parole system. Unless there be reasonable cause for extension of the time within which to review and decide a case, the …

The Director is authorized to determine those prisoners who may be suitable parole risks and whose interests and those of society will be served by their early parole release and to recommend such prisoners to the Parole Board for early parole consideration. In making such recomm…

A. For the purpose of this section, "juvenile offender" means a prisoner eligible for parole pursuant to subsection F of § 53.1-165.1. B. The Board shall provide a meaningful opportunity to obtain release for juvenile offenders on the basis of demonstrated maturity and rehabilita…

A. No person shall be released on parole by the Board until a thorough investigation has been made into the prisoner's history, physical and mental condition and character, and his conduct, employment, and attitude while in prison. All information collected through such investiga…

The Department may give nonviolent prisoners who have not been convicted of a violent crime and who have been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a residential community program, work release, or a community-based pr…

The period of parole which shall be fixed by the Board may be greater than the unserved portion of the sentence actually imposed upon the paroled prisoner by the court or jury which fixed his sentence. It shall not exceed, however, the difference between the time actually served …

Each parolee while on parole shall comply with such terms and conditions as may be prescribed by the Board. When any prisoner is released on parole, the Board shall furnish the parolee and the probation and parole officer having supervision of the parolee a copy of the terms and …

The Director of the Department shall release into the custody of the Parole Board, any of its probation and parole officers or the Chairman, any prisoner subject to parole under the laws of this Commonwealth whenever directed so to do by the Parole Board or by the Chairman.

Every person who is sentenced and committed under the laws of the Commonwealth to the Department of Corrections or as provided for in §§ 19.2-308.1, 53.1-152 or § 53.1-153 shall be released on parole by the Virginia Parole Board six months prior to his date of final release. Each…