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§ 53.1-18. Department to have custody of property; right to sue to protect property

The Department shall have custody of both the real and personal property of state correctional facilities. The Department is authorized to institute and prosecute in the name of the Commonwealth any suit or proceeding to protect the rights of the Commonwealth in such property. Code 1950, § 53-20; 1970, c. 648; 1982, c. 636; 2020, […]

§ 53.1-19. Establishment of correctional institutions

The Director shall determine the necessity for and select the site of any new state correctional facility and any land to be taken or purchased by the Commonwealth for the purposes of any new or existing state correctional facility. The Director shall have charge of the construction of any new building at any state correctional […]

§ 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 years shall be committed by the court to the custody of the Director of the Department. The Director shall receive all such persons into the state corrections system within sixty […]

§ 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 1, 1995, whose sentence totals more than two years or who is convicted of a felony committed on or after January 1, 1995, and who is required to serve a […]

§ 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 local correctional facility is afflicted with any contagious or infectious disease dangerous to the public health, the court shall have such person examined by a licensed physician or licensed nurse […]

§ 53.1-23. Fingerprints, photographs and description

A. Photographs, fingerprints, and a description of each person received by the Department shall be taken and filed for identification purposes. If the person is serving a sentence for an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390, such photographs, fingerprints, and description of […]

§ 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 Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the Department shall obtain from that person all necessary registration information, including fingerprints and photographs of a type and kind approved […]

§ 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 a register describing the term of his confinement, for what offense, and when received into a state correctional facility. The Director may dispose of these records with the consent of […]

§ 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. Printed copies of all such rules shall be made available to prisoners under such terms and conditions as the Director may prescribe. Code 1950, § 53-23; 1970, c. 648; 1977, […]

§ 53.1-25.1. Rules of state correctional facilities

A. 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 the inmate is required by circumstances to disrobe, to the greatest extent possible, the officer shall be the same gender as the inmate. However, such rules may allow for […]

§ 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 rules of the Director shall, when found in the possession of a prisoner, be confiscated and sold or destroyed as the Director may direct. Any funds from the sale of […]

§ 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 as he deems proper. The profits from the operation of such stores shall be used for educational, recreational, pre-release and post-release reentry and transition services, or other purposes beneficial to […]

§ 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 completed the basic course in firearms for correctional officers as approved by the Department of Criminal Justice Services, to carry and use sufficient weapons to prevent escapes, suppress rebellion, and […]

§ 53.1-31. Sale or lease of gas, oil, or minerals

The Director is empowered to make and execute contracts, easements and leases in the name of the Commonwealth for the removal or mining of gas, oil or any valuable minerals that may be found in any real estate, title of which is vested in the Department, whenever it appears to the Department that it will […]

§ 53.1-31.1. Transportation of prisoners

A. 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 within a state correctional facility, or a facility operated pursuant to the Corrections Private Management Act (§ 53.1-261 et seq.), unless the affected sheriff and the Department agree on […]

§ 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 persons incarcerated. Upon receipt of such list, the Division shall identify those prisoners who are the subject of a court or administrative order requiring them to pay child support and […]