Va. Code Ann. tit. 53.1, ch. 1

Va. Code Ann. tit. 53.1, ch. 1
in effect

Va. Code Ann. § 53.1-1 Definitions

As used in this title, unless the context requires a different meaning: "Board" or "State Board" means the State Board of Local and Regional Jails. "Community correctional facility" means any group home, halfway house or other physically unrestricting facility used for the housing, treatment or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision, combination of political subdivisions or privately operated agency within the Commonwealth. "Community supervision" means probation, parole, postrelease supervision, programs authorized under the Comprehensive Community Corrections Act for local responsible offenders, and programs authorized under Article 7 (§ 53.1-128 et seq.) of Chapter 3. "Correctional officer" means a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility. "Department" means the Department of Corrections. "Deputy sheriff" means a duly sworn officer appointed by a sheriff pursuant to § 15.2-1603 whose normal duties include, but are not limited to, maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility and may include those duties of a jail officer. "Director" means the Director of the Department of Corrections. "Jail officer" means a duly sworn employee of a local correctional facility, except for deputy sheriffs, whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility. This definition in no way limits any authority otherwise granted to a duly sworn deputy sheriff whose duties may include those of a jail officer. "Local correctional facility" means any jail, jail farm or other place used for the detention or incarceration of adult offenders, excluding a lock-up, which is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth. For the purposes of subsection B of § 53.1-68 and §§ 53.1-69 , 53.1-69.1 , and 53.1-127 , "local correctional facility" also includes any facility owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth that is used for the detention or incarceration of people pursuant to a contract or third-party contract with the federal government or any agency or contractor thereof. "Lock-up" means a facility whose primary use is to detain persons for a short period of time as determined by the Board. "State correctional facility" means any correctional center or correctional field unit used for the incarceration of adult offenders established and operated by the Department of Corrections, or operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.). "State correctional facility" includes "penitentiary" whenever used in this title or other titles of the Code. Code 1950, §§ 53-9, 53-19.5, 53-19.18, 53-19.18:1, 53-19.23; 1966, c. 300; 1970, c. 648; 1974, cc. 44, 45; 1976, cc. 740, 756; 1977, c. 187; 1981, c. 487; 1982, c. 636; 1983, c. 477; 1991, c. 383; 1995, c. 224 ; 1999, c. 845 ; 2000, c. 807 ; 2020, c. 759 ; 2020, Sp. Sess. I, c. 23 ; 2025, c. 337 .

Va. Code Ann. § 53.1-1.01 Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this title the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail. 2011, c. 566 .

Va. Code Ann. § 53.1-1.1 Telephone systems within correctional facilities

The Department shall offer debit or prepaid telephone systems, in addition to any existing collect calling systems, which allow telephone calls to be placed to the telephone number or numbers on an approved call list. Such telephone systems shall be established with the lowest available rates. The maximum number of telephone numbers permitted on an approved call list shall be no fewer than 20. The Department shall not receive any commission from such telephone systems. 2005, c. 612 ; 2024, c. 455 .

Va. Code Ann. § 53.1-1.2 Visitation policies; publicly posted dress code for visitors; report

A. As used in this section: "Long-distance visitor" means an approved visitor of a correctional facility whose primary residence is located at least 150 miles from the correctional facility, as measured by driving distance. "Revocation" means a permanent loss of visitation privileges following multiple serious violations verified through reliable evidence, including documentation of such violations. "Security requirements" means objectively documented procedures necessary to prevent escape, violence, or contraband introduction and does not include procedures used primarily for administrative convenience. B. The Department shall make reasonable efforts, consistent with facility safety and security, to provide each eligible incarcerated individual the opportunity for in-person visitation with approved visitors that is no less than the maximum safe seating capacity of the in-person visitation at each facility. C. The Department shall provide extended or additional visitation access for long-distance visitors. Such visits shall be scheduled for an extended duration, subject to available space and security requirements. D. Each in-person visit shall last a minimum of two hours unless shortened at the request of the visitor or incarcerated person, or in response to an active security event. Visitors shall not be required to end their visit at the end of the minimum time if seating capacity permits continued visitation. The Department shall maintain visitation seating and scheduling capacity equivalent to the maximum safe seating capacity of the in-person visitation at each facility. In addition to currently permitted contact at the beginning and end of visitation, hand holding shall be permitted for the duration of visitation. E. Visitation privileges may be suspended only for conduct that occurs during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the facility. Visitation shall not be denied or suspended based solely upon an individual's confinement status, including placement in restrictive housing, unless such visitation presents a documented and ongoing security risk. Visitation shall not be revoked or suspended based solely upon disciplinary or administrative reasons unrelated to visitation, including confinement status, nonviolent infractions, or substance-screening results. Each suspension shall be supported by written documentation specifying the conduct, date, time, and nature of the security threat. Suspension shall not exceed 60 consecutive days for a first violation or 120 consecutive days for a repeated violation within 12 months. The Department shall provide written notice of suspension to the incarcerated individual and the affected visitor within five business days. Such notice shall describe the conduct and specify the duration of suspension. The incarcerated individual or visitor may appeal any suspension within 15 calendar days. The Department may integrate this visitation appeal process within its established inmate grievance procedures. Appeals shall be reviewed and decided by an official who was not involved in the initial decision to suspend visitation privileges within 20 calendar days of submission of the appeal. Visitation privileges shall be automatically restored at the conclusion of the suspension period unless an appeal upholds the original finding for such suspension. Permanent revocation of visitation privileges shall occur only upon multiple, but no less than three, documented serious violations verified through reliable evidence. F. The following procedures regarding individuals who are physically present at a state correctional facility for the purpose of visiting a prisoner shall apply: 1. Upon entry into a state correctional facility, visitors shall be informed of the items that they are not permitted to bring into the facility and the items that they are permitted to bring into the facility. 2. If an item that is otherwise legal for the visitor to possess is not permitted in the facility, the item may be placed in the possession of facility employees, if the facility is able to store such item, for the duration of the visit and returned to the visitor upon leaving the facility. 3. If equipment is available, visitors shall be scanned or wanded by an electronic scanning or detection device, or both. 4. If detector canines are available, visitors shall be subjected to a detector canine search. 5. If the detector canine search, scanning, or wanding does not indicate any contraband and the visitor is otherwise eligible to visit, the visitor shall be allowed a visit with the prisoner that allows personal contact. 6. If the detector canine search, scanning, or wanding indicates the possibility of contraband, the visitor shall have the option of consenting to a search of his person. If the visitor does not consent to a search of his person after only a detector canine search indicates the possibility of contraband and the visitor is otherwise eligible to visit, he shall be allowed a visit with the prisoner that does not allow personal contact. If the visitor does not consent to a search of his person after scanning or wanding indicates the possibility of contraband, the Department may deny the visitor entry into the facility in accordance with the operating procedures regarding visiting privileges as authorized by § 53.1-30 . The discovery of contraband shall trigger a facility investigative review regardless of the source of such contraband. If contraband entry is found to originate from facility staff or internal operations, visitation privileges of uninvolved individuals shall not be restricted absent direct evidence of the individual's involvement. 7. A visitor shall be allowed to leave the correctional facility and discontinue the search process prior to the discovery of contraband. A visitor shall not be barred from future visits because he stops a search prior to the discovery of contraband or refuses to consent to a search of his person, including refusing to consent to a strip search or a search of any body cavity. Correctional facility personnel shall not use the search procedure or search results as a threat to bar future visits. The superintendent, warden, or other official in charge of the facility shall ensure that correctional facility personnel do not use the search procedure or search results as a threat to bar future visits. G. The Department shall establish and publicly post on its website and in the lobby of each state correctional facility an objective dress code for individuals visiting a state correctional facility. Such posted dress code (i) shall include any and all limitations on the appearance or attire of a visitor, including limitations relating to attire, undergarments, shoes, nail polish, makeup, jewelry, or hair and (ii) may contain only (a) limitations on colors or materials of attire, nail polish, or makeup; (b) specific, measurable limitations on clothing; (c) requirements that certain body parts be covered; and (d) prohibitions on specific types of jewelry, makeup, or shoes. Such posted dress code shall not include a prohibition on (1) religious attire that otherwise meets the requirements of the posted dress code or (2) underwire bras. No state correctional facility may enforce a dress code that is more restrictive than the dress code posted by the Department. H. No individual shall be denied regularly scheduled in-person visitation unless such individual is in clear violation of visitation rules or policies. Prior to denying entry to a visitor, the reasoning shall be (i) reviewed in person by the facility administrative duty officer and (ii) approved by a regional administrator or superior. Any such denial of entry and all supporting details, including the basis for such denial, shall be (a) provided in writing to the visitor upon denial and (b) reported to the Department to be included in the annual report required pursuant to subsection D. I. The Department shall report annually on or before November 1 to the General Assembly and the Governor information on visitors denied entry to state correctional facilities, including the following information disaggregated by facility and by month: (i) the number of visitors denied entry and (ii) the reasoning for such denials, including the specific rules or policies such visitors were alleged to have violated. 2020, c. 1170 ; 2026, cc. 380 , 571 , 572 .

Va. Code Ann. § 53.1-1.3 Language services for offenders

A. An offender is considered to have limited English proficiency if (i) such offender states or indicates that he cannot effectively communicate in English, (ii) an employee of the Department discerns that the offender is not English proficient based on an interaction or multiple interactions with such offender, (iii) the offender was provided an interpreter at a court hearing or other legal proceeding, or (iv) a Comprehensive Adult Student Assessment Systems test determines the lack of English proficiency of such offender. B. The Department shall take reasonable steps to provide offenders with limited English proficiency with meaningful access to Department facilities, services, programs, and activities to ensure that language does not prevent employees from communicating effectively with such offenders. The limited English proficiency status of an offender shall not prevent him from accessing vital services such as programs, treatment, education, and classification assignments. C. Department employees shall ensure that offenders with limited English proficiency are not penalized and that their rights are not adversely affected due to a lack of language assistance. A lack of language assistance also shall not negatively impact the length of the incarceration, facility assignment, postrelease status, supervision, or classification of such offender. No offender with limited English proficiency shall be penalized for failing to obey a command if such failure is due to a lack of free language assistance. D. Department employees shall provide offenders with limited English proficiency verbal and written language assistance in the areas of treatment and education programming, safety, medical, mental health, grievance, and proceedings such as disciplinary and classification at no cost to the offender. E. All offenders designated as limited English proficient shall be provided an "I Speak" card to assist employees in identifying such offender's primary language for both oral and written communication, which shall be recognized by Department employees in all interactions. F. Department employees shall provide public notice of language services and these notices shall be posted in areas accessible by all offenders. G. The Director shall designate a language services coordinator responsible for overseeing and directing language services for offenders with limited English proficiency, including the development and management of applicable contracts, documents, and resources. The language services coordinator shall: 1. Coordinate language assistance services with facility and office language services monitors. Such services shall include (i) academic, job training, and cognitive programming; (ii) substance use treatment and testing; (iii) mandatory programming or programming that impacts the term of incarceration or supervised release; (iv) classification and Institutional Classification Authority hearings; (v) disciplinary hearings; (vi) medical assessment and treatment; (vii) mental health assessments and treatment; (viii) visitation; (ix) court hearings, as requested by the court; (x) job or program assignments and pay level; (xi) Prison Rape Elimination Act (P.L. 108-79) screening, orientation, and education; and (xii) filing of inmate grievances, including informal complaints; 2. Coordinate the identification of language service needs in the Department and strategies for responding to those needs; 3. Serve as the contract administrator for all Department language services contracts for interpreter and translator services; 4. Identify, in coordination with facility or office language services monitors, the regularly encountered languages of the offenders with limited English proficiency of such facility or office; 5. Translate the general conditions of supervision and all intake documents to the language spoken by the offender with limited English proficiency and provide such offender a printed copy; 6. Maintain a directory of all qualified bilingual employees throughout the Department, including the non-English languages they speak and their contact information, work locations, assignments, and shifts; 7. Ensure that the current offenders with limited English proficiency verbal and written language services needs are identified and the resources to address those needs are secured; 8. Identify the criteria to be used when initially designating the languages for translations based on demographic data and usage projections; 9. Maintain Department data, in coordination with the language services monitors and the language services vendors, on the number of, and selected interactions with, offenders with limited English proficiency and provide information, as requested, to the Director; 10. Develop and maintain systems to ensure that all employees and members of senior leadership are aware of the offenders who require language assistance services and coordinate with the facility and office language services monitor to implement those systems; 11. Review essential documents to determine translation requirements; 12. Develop a system to distribute translated documents to all facilities and offices, post translated documents electronically, and maintain an adequate supply of print copies as needed for distribution; 13. Identify the training needs and provide this training to language services monitors, facility and office employees, and supervisors who require access to language services and language service providers; 14. Establish protocols for ensuring quality, timely, cost-effective, and appropriate levels of confidentiality in translations, interpretation, and bilingual employee communications; 15. Exchange information on promising practices with other departments and among facilities and offices; 16. Establish a system to coordinate with the courts and jails to identify and respond to offender language needs as early as possible; 17. Review the Department's progress toward: a. Providing offenders with limited English proficiency meaningful access to services, activities, and programs; b. Developing reports; and c. Revising operating procedures and Department practices when appropriate; 18. Develop the testing and certification protocols required to designate an individual as a qualified interpreter or a qualified translator. 19. Maintain and make available statewide a directory, organized by language and by location, that provides information gathered from human resources on Department employees who are qualified interpreters or translators; and 20. Convene annual meetings with facility and office language services monitors to develop, implement, and evaluate the requirements of this section. H. Each Facility Unit Head and Probation and Parole Chief shall designate a facility or office language services monitor, as appropriate. Such language services monitor for each facility and office shall: 1. Work with the language services coordinator to identify the language services needs for the facility or office and the strategies for meeting those needs; 2. Identify all regularly encountered languages spoken by at least five percent of the offenders in that facility or under supervision of that office; 3. Ensure facility and office employees are trained on and compliant with this section; 4. Establish and maintain an accurate and up-to-date language assistance resource list specific to the facility or office. Ensure all employees and offenders are made aware of the list and how to access the resources; 5. Create and maintain a facility or office-specific directory of all qualified bilingual employees that includes a list of the non-English languages such employees speak and their contact information, assignments, and shifts; 6. Submit the facility or office directory to the language services coordinator and employees on a quarterly basis; and 7. Ensure posting of the language identification tool, completion of assessments, data entry into the Virginia Corrections Information System (VACORIS), and the distribution of "I Speak" cards. I. Department employees shall provide offenders with information on available language assistance services at intake into the Department, upon transfer to another Department facility, during facility orientation, during initial contact for probationers or parolees on supervision, and prior to all classification and disciplinary hearings. Employees in coordination with the language services monitor shall use the information available in VACORIS to determine the primary or dominant language of an offender with limited English proficiency. Department employees shall provide offenders with limited English proficiency with language interpretation services during the following interactions: 1. Investigations or questioning; 2. Intake and reception into the Department; 3. Transfer into each Department facility; 4. Medical and mental health interactions; 5. Orientation; 6. Resident grievances; 7. Disciplinary hearings; 8. Education and programming; 9. Housing assignments; 10. Court appearances; and 11. Parole hearings. Regardless of status, offenders with limited English proficiency may request interpreter services by making a verbal request to any Department employee or the language services monitor or by submitting an Interpreter Services Request. Nonemergency interpreter assistance shall be provided within 48 hours of the request. Department employees shall provide a qualified interpreter for all sensitive, confidential, or privileged communication. Department employees shall use the Department language services contract when a qualified bilingual employee is required but not available. Internet, machine-learning, and artificial-intelligence based translation services may be used where the service is certified or otherwise specifically built for the purpose of providing accurate translations. J. As a part of the intake process, a Department employee will assess all offenders to determine any language assistance needs. Department employees shall determine whether the individual's primary oral communication language and primary written communication language is English or if it is another language. Department employees shall document the primary language of the offender for oral and written communications in VACORIS and select the Non-English-Speaking checkbox on the demographics screen if applicable. The counselor or parole and probation officer, with assistance from the language services monitor, if necessary, shall place a Special Needs: limited English proficiency alert on every offender with limited English proficiency assigned to his caseload. When the limited English proficiency status of an offender affects such an individual's ability to communicate, health care employees shall note such individual's limited English proficiency status on the individual's health record. A Department employee shall note the limited English proficiency status of an offender at the time the record is established or as soon as practicable. K. Any offender may request translation services by making a verbal request to any employee or the language services monitor. Nonemergency translator assistance shall be provided within 48 hours. Qualified interpreters and qualified translators shall be provided at no cost to the offenders with limited English proficiency. The Department shall provide a translated version of all documents designated essential by the language services coordinator into the regularly encountered languages of offenders. For an offender with limited English proficiency whose primary language is not a regularly encountered language, Department employees, to the extent possible, shall obtain a translation of each essential document into such an individual's primary language. For such a translation, internet, machine-learning, and artificial-intelligence based translation services may be used where the service is certified or otherwise specifically built for the purpose of providing accurate translations. All essential documents shall be translated at no cost to the offender with limited English proficiency. Essential documents include: 1. Offender consent forms; 2. Informal complaint or grievance forms; determinations on informal complains, grievances, or appeals; 3. Intake forms requesting vital information, including a mental health screening form and emergency contact list; 4. Written notices of rights, denials, loss, or decreases in benefits or services, parole, disciplinary or classification hearings; 5. Notices to offenders regarding their rights and the procedures related to the PREA protections; 6. Notices of disciplinary actions; 7. Notices posted for religious and recreational activities; 8. Notices advising offenders with limited English proficiency of free language assistance; 9. Facility rule books; 10. Medical forms, notices, procedures, diagnoses, conclusions, and instructions; 11. Refusal forms; 12. Written tests that do not assess English language competency, but test competency for a particular license, job, or skill for which knowing English is not required; and 13. Applications to participate in a Department program or activity or to receive Department benefits or services. L. The language services coordinator, in cooperation with language services monitors, shall ensure offenders with limited English proficiency are notified of the right to file a complaint regarding access to language services. 2026, c. 1059 .

Va. Code Ann. § 53.1-2 Appointment of members; qualifications; terms and vacancies

There shall be a State Board of Local and Regional Jails, which shall consist of 11 residents of the Commonwealth appointed by the Governor and subject to confirmation by the General Assembly. In making appointments, the Governor shall endeavor to select appointees of such qualifications and experience that the membership of the Board shall include persons suitably qualified to consider and act upon the various matters under the Board's jurisdiction. Members of the Board shall be appointed as follows: (i) one former sheriff; (ii) one former superintendent of a regional jail facility; (iii) two individuals employed by a public mental health services agency with training in or clinical, managerial, or other relevant experience working with individuals subject to the criminal justice system who have mental illness; (iv) one individual with experience overseeing a correctional facility's or mental health facility's compliance with applicable laws, rules, and regulations; (v) one physician licensed in the Commonwealth; (vi) one individual with experience in administering educational or vocational programs in state or local correctional facilities; (vii) one individual with experience in financial management or performing audit investigations; (viii) one citizen member who represents community interests; and (ix) two individuals with experience in conducting criminal, civil, or death investigations. Members of the Board shall serve at the pleasure of the Governor and shall be appointed for terms of four years. A vacancy other than by expiration of a term shall be filled by the Governor for the unexpired term. No person shall be eligible to serve more than two full consecutive four-year terms. Code 1950, §§ 53-19.23, 53-19.24; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636; 2017, c. 759 ; 2020, c. 759 ; 2023, cc. 657 , 658 .

Va. Code Ann. § 53.1-3 Persons ineligible for appointment

No director, officer or employee of an institution subject to the provisions of this title shall be appointed a member of the Board. Code 1950, § 53-19.32; 1974, cc. 44, 45; 1982, c. 636.

Va. Code Ann. § 53.1-4 Meetings; quorum; officers; main office

The Board shall meet at least six times each calendar year and at other times as it deems appropriate. Five members of the Board shall constitute a quorum. The Board shall select a chairman and secretary from its membership. The main office of the Board shall be in Richmond. Code 1950, §§ 53-19.25, 53-19.29, 53-19.30, 53-19.31; 1974, cc. 44, 45; 1982, c. 636.

Va. Code Ann. § 53.1-5 (For contingent expiration date, see Acts 2026, cc. 992 and 1081, cl. 3) Powers and duties of Board

The Board shall have the following powers and duties: 1. To develop and establish operational and fiscal standards governing the operation of local, regional, and community correctional facilities; 2. To advise the Governor and Director on matters relating to corrections; 3. To make, adopt, and promulgate such rules and regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth pertaining to local, regional, and community correctional facilities. The Board, when promulgating regulations and adopting any policy or guidance document related to the enforcement of any minimum standards applicable to local, regional, and community correctional facilities, shall expressly and specifically include such items in its published agenda for meetings of the Board or any of its subcommittees. No standard, policy, or guidance document may be promulgated, amended, or rescinded in entirety or in part without compliance with this article; 4. To ensure the development of programs to educate citizens and elicit public support for the activities of the Department; 5. To develop and implement policies and procedures for the review of the death of any inmate that the Board determines warrants review that occurs in any local, regional, or community correctional facility. Such policies and procedures shall incorporate the Board's authority under § 53.1-6 to ensure the production of evidence necessary to conduct a thorough review of any such death. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures; 6. To establish minimum standards for health care services, including medical, dental, pharmaceutical, and behavioral health services, in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner or their designees. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures. Such minimum standards shall require that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board. The Board shall make such reports available to the public on its website. The Board may determine that any local, regional, or community correctional facility that is accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such facility's accreditation status; however, without exception, the requirement that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report to the Board shall be a mandatory minimum standard; 7. To develop and implement policies for the accommodation in local, regional, and community correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur; 8. To develop and establish minimum standards for ensuring that attorneys have sufficient opportunities to conduct confidential visits with their clients who are held in local, regional, and community correctional facilities; 9. To report annually on or before December 1 to the General Assembly and the Governor on the results of the inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68 . The report shall include (i) a summary of the results of such inspections and audits, including any trends identified by such inspections and audits and the frequency of violations of each standard established for local, regional, or community correctional facilities, and (ii) any recommendations for changes to the standards established for local, regional, or community correctional facilities to improve the operations, safety, and security of local, regional, or community correctional facilities. Code 1950, §§ 53-19.33, 53-19.34, 53-19.39; 1974, cc. 44, 45; 1976, c. 249; 1982, c. 636; 1984, c. 720; 2011, c. 375 ; 2012, cc. 803 , 835 ; 2015, c. 293 ; 2017, c. 759 ; 2019, cc. 695 , 696 ; 2020, c. 759 ; 2024, c. 136 ; 2025, cc. 350 , 427 ; 2026, c. 73 .

Va. Code Ann. § 53.1-5.2 Compilation of certain data for redistricting purposes

A. The Board shall direct the sheriffs of all local jails and the jail superintendents of all regional jails to provide to it, no later than May 1 of any year in which the decennial census is taken, information regarding each person incarcerated in a local or regional jail on April 1 of that year. Such information shall include, for each person incarcerated, (i) his residential street address at the time of incarceration, or other legal residence, if known; (ii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iii) the street address of the correctional facility in which he was incarcerated on April 1 of that year. Upon receipt of such information, the Board shall assign to each person a unique identifier, other than his name or offender identification number. B. Pursuant to § 24.2-314 , the Board shall provide to the Division of Legislative Services, not later than July 1 of any year in which the decennial census is taken and in a format specified by the Division of Legislative Services, the information specified in subsection A, including the Board-assigned unique identifier. 2020, cc. 1229 , 1265 .

Va. Code Ann. § 53.1-6 Board may administer oaths, conduct hearings, and issue subpoenas

The Board, in the exercise and performance of its functions, duties, and powers under the provisions of this title, is authorized to hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents, administer oaths, and take testimony thereunder. When a review is ordered by the Board concerning any correctional facility subject to the Board's jurisdiction or concerning the conduct of persons connected therewith, the chairman of the Board, by order of the Board, may issue a summons directed to the sheriff of the county or city in which such institution is located commanding him to summon any person to be present on a certain day at such place within such county or city as may be designated by the Board to give evidence before the Board. The Board shall have like powers to issue a summons directed to the sheriff and to direct the sheriff to enforce such summons. The chairman of the Board shall make the entry required of the clerk by § 17.1-612 concerning the amount any witness is to be paid as if the attendance of the witness was before a court. The sum to which the witness is entitled shall be paid out of the funds appropriated to the Board. Code 1950, § 53-19.36; 1974, cc. 44, 45; 1982, c. 636; 2020, c. 759 .

Va. Code Ann. § 53.1-6.1 Executive director; staff; compensation

The Board may appoint and employ an executive director and such other persons as it deems necessary to assist it in carrying out its duties. The Board may determine the duties of such staff and fix their salaries or compensation within the amounts appropriate therefor. The duties of the executive director shall include management of (i) inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68 and (ii) reviews of the deaths of inmates that occur in any local, regional, or community correctional facility conducted pursuant to § 53.1-69.1 . 2020, c. 759 .

Va. Code Ann. § 53.1-8 Department of Corrections

There shall be in the executive department a Department of Corrections responsible to the Governor. The Department shall be under the supervision and management of the Director. Code 1950, § 53-19.5; 1974, cc. 44, 45; 1982, c. 636; 2020, c. 759 .

Va. Code Ann. § 53.1-9 Appointment of Director; term

A Director of Corrections shall be appointed by the Governor, subject to confirmation by each house of the General Assembly. The Director shall be appointed for a term coincident with that of the Governor and shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as original appointments are made. Code 1950, §§ 53-19.6, 53-19.7; 1974, cc. 44, 45; 1982, c. 636.

Va. Code Ann. § 53.1-10 (For contingent expiration date, see Acts 2026, cc. 992 and 1081, cl. 3) Powers and duties of Director

The Director shall be the chief executive officer of the Department and shall have the following duties and powers: 1. To supervise and manage the Department and its system of state correctional facilities; 2. To implement the standards and goals of the Board as formulated for local and community correctional programs and facilities and lock-ups; 3. To employ such personnel and develop and implement such programs as may be necessary to carry out the provisions of this title, subject to Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, and within the limits of appropriations made therefor by the General Assembly; 4. To establish and maintain a general system of schools for persons committed to the institutions and community-based programs for adults as set forth in § 53.1-67.9 . Such system shall include, as applicable, elementary, secondary, postsecondary, career and technical education, adult, and special education schools. a. The Director shall employ a Superintendent who will oversee the operation of educational and vocational programs in all institutions and community-based programs for adults as set forth in § 53.1-67.9 operated by the Department. The Department shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education. b. When the Department employs a teacher licensed by the Board of Education to provide instruction in the schools of the correctional centers, the Department of Education shall establish salary schedules for the teachers and annually review and update such salary schedules to be competitive with those in effect for the school division in which the correctional center is located. c. (1) The Superintendent shall develop a functional literacy program for inmates testing below a selected grade level, which shall be at least at the eighth grade level and include evidence-based literacy instruction, as defined in § 22.1-1 . The program shall include guidelines for implementation and test administration, participation requirements, criteria for satisfactory completion, and a strategic plan for encouraging enrollment at an institution of higher education or an accredited vocational training program or other accredited continuing education program. (2) The Superintendent shall also: (a) Share data with the state entity that oversees the management, direction, and governance of the Commonwealth's education and workforce data for the purpose of developing educational, health, social service, and employment outcome data and improving the efficacy of state services; (b) Share data with the Virginia Community College System necessary for comprehensive community colleges to apply for and maintain eligibility as Federal Pell Grant-eligible prison education programs pursuant to 34 C.F.R. § 668.238; and (c) Track and publicly report at least annually the number of incarcerated individuals eligible for, enrolled in, and waitlisted for the literacy and education programs required to be implemented by subdivision (1). d. For the purposes of this section, the term "functional literacy" shall mean those educational skills necessary to function independently in society, including, but not limited to, reading, writing, comprehension, and arithmetic computation. e. In evaluating a prisoner's educational needs and abilities pursuant to § 53.1-32.1 , the Superintendent shall create a system for identifying prisoners with learning disabilities. 5. a. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this title, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of this Commonwealth, and contracts with corporations, partnerships, or individuals which include, but are not limited to, the purchase of water or wastewater treatment services or both as necessary for the expansion or construction of correctional facilities; b. Notwithstanding the Director's discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this title, upon determining that it shall be desirable to contract with a public or private entity for the provision of community-based residential services pursuant to Chapter 5 (§ 53.1-177 et seq.), the Director shall notify the local governing body of the jurisdiction in which the facility is to be located of the proposal and of the facility's proposed location and provide notice, where requested, to the chief law-enforcement officer for such locality when an offender is placed in the facility at issue; c. Notwithstanding the Director's discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this title, upon determining that it is necessary to transport Virginia prisoners through or to another state and for other states to transport their prisoners within the Commonwealth, the Director may execute reciprocal agreements with other states' corrections agencies governing such transports that shall include provisions allowing each state to retain authority over its prisoners while in the other state. 6. To accept, hold and enjoy gifts, donations and bequests on behalf of the Department from the United States government and agencies and instrumentalities thereof, and any other source, subject to the approval of the Governor. To these ends, the Director shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable; 7. To collect data pertaining to the demographic characteristics of adults, and juveniles who are adjudicated as adults, incarcerated in state correctional institutions, including, but not limited to, the race or ethnicity, age, and gender of such persons, whether they are a member of a criminal gang, and the types of and extent to which health-related problems are prevalent among such persons. Beginning July 1, 1997, such data shall be collected, tabulated quarterly, and reported by the Director to the Governor and the General Assembly at each regular session of the General Assembly thereafter. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports; 8. To make application to the appropriate state and federal entities so as to provide any prisoner who is committed to the custody of the state a Department of Motor Vehicles approved identification card that would expire 90 days from issuance, a copy of his birth certificate if such person was born in the Commonwealth, and a social security card from the Social Security Administration; 9. To forward to the Commonwealth's Attorneys' Services Council, updated on a monthly basis, a list of all identified criminal gang members incarcerated in state correctional institutions. The list shall contain identifying information for each criminal gang member, as well as his criminal record; 10. To give notice, to the attorney for the Commonwealth prosecuting a defendant for an offense that occurred in a state correctional facility, of that defendant's known gang membership. The notice shall contain identifying information for each criminal gang member as well as his criminal record; 11. To designate employees of the Department with internal investigations authority to have the same power as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of the Department. Such employees shall be subject to any minimum training standards established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law-enforcement power granted under this subdivision. Nothing in this section shall be construed to grant the Department any authority over the operation and security of local jails not specified in any other provision of law. The Department shall investigate allegations of criminal behavior in accordance with a written agreement entered into with the Department of State Police. The Department shall not investigate any action falling within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2 unless specifically authorized by the Office of the State Inspector General; 12. To prescribe and enforce rules prohibiting the possession of obscene materials, as defined in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, by prisoners incarcerated in state correctional facilities; 13. To develop and administer a survey of each correctional officer, as defined in § 53.1-1 , who resigns, is terminated, or is transitioned to a position other than correctional officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correctional officers; 14. To promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16 , to be conducted or authorized by the Department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Director or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved; 15. To provide, pursuant to § 24.2-314 , to the Division of Legislative Services, not later than July 1 of any year in which the decennial census is taken and in a format specified by the Division of Legislative Services, information regarding each person incarcerated in a state correctional facility on April 1 of that year. Such information shall include, for each person incarcerated, (i) a unique identifier, other than his name or offender identification number, assigned by the Director; (ii) his residential street address at the time of incarceration, or other legal residence, if known; (iii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iv) the street address of the correctional facility in which he was incarcerated on April 1 of that year; and 16. To develop and implement policies for the accommodation in state correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur. Code 1950, §§ 53-19.8, 53-19.14; 1974, cc. 44, 45; 1982, c. 636; 1994, 2nd Sp. Sess., c. 7 ; 1995, c. 725 ; 1997, c. 894 ; 2003, cc. 94 , 516 , 854 ; 2006, cc. 431 , 500 ; 2007, c. 392 ; 2009, cc. 39 , 621 ; 2012, cc. 803 , 835 ; 2013, cc. 143 , 214 ; 2014, c. 84 ; 2015, cc. 99 , 293 ; 2016, c. 205 ; 2019, c. 618 ; 2020, cc. 759 , 1229 , 1265 ; 2025, c. 427 ; 2026, c. 725 .

Va. Code Ann. § 53.1-10.1 Virginia Prison Education Task Force

A. There is hereby established the Virginia Prison Education Task Force (the Task Force) for the purpose of implementing a consistent education program across all state correctional facilities operated by the Department. B. The Task Force shall be administered by the Secretary of Finance and shall consist of the following members: (i) two members of the Senate who are not members of the same political party, to be appointed by the Senate Committee on Rules; (ii) two members of the House of Delegates who are not members of the same political party, to be appointed by the Speaker of the House of Delegates; (iii) the Secretary of Finance or his designee; (iv) the Secretary of Education or his designee; (v) the Secretary of Labor or his designee; (vi) the Secretary of Commerce and Trade or his designee; (vii) the Director of the Department of Corrections or his designee; (viii) the Commissioner of the Department of Workforce Development and Advancement or his designee; (ix) the Chief Information Officer of the Virginia Information Technologies Agency or his designee; (x) the Chancellor of the Virginia Community College System or his designee; (xi) the Director of the Department of Housing and Community Development or his designee; (xii) the Research Director of the Virginia Office of Education Economics or his designee; (xiii) the President of the Virginia Chamber of Commerce or his designee; (xiv) the Executive Director of the State Council of Higher Education for Virginia or his designee; (xv) the Superintendent of Public Instruction or his designee; (xvi) three formerly incarcerated individuals to be appointed by the Secretary of Finance, including one individual who was enrolled in the Department of Corrections' Adult Basic Education program while incarcerated, one individual who was enrolled in postsecondary coursework while incarcerated, and one individual who was not able to access education services while incarcerated; (xvii) a member of a faith-based organization with expertise in prison higher education to be appointed by the Secretary of Finance; (xviii) a member of a criminal justice advocacy organization to be appointed by the Secretary of Finance; (xix) a representative with expertise in management of state education and workforce data to be appointed by the Secretary of Finance; and (xx) any other stakeholders as may be appropriate to be appointed by the Secretary of Finance. C. The Secretary of Finance shall serve as the chair of the Task Force. D. A majority of the members of the Task Force shall constitute a quorum. The Task Force shall meet at least four times a year and upon the call of the chair or at the request of a majority of the members. E. The Task Force shall propose recommendations on the development and implementation of a consistent education program across all state correctional facilities operated by the Department of Corrections. In proposing such recommendations, the Task Force shall (i) analyze existing and potential state and federal funding programs and develop a strategy to maximize securement and use of available funds; (ii) assess additional budget requests to meet the goals of implementation of the education programs; (iii) review and support development of the interagency agreements between the Department of Corrections, the Superintendent of Public Instruction, the Chancellor of the Virginia Community College System, and the Chief Information Officer of the Virginia Information Technologies Agency; (iv) propose ways to advise and support the Department of Corrections in developing a strategy to reduce waitlists for participation in the literacy and education programs proposed for implementation; (v) study and recommend the most effective ways to facilitate data collection, sharing, and analysis relating to prison education; (vi) study and recommend the most effective ways to increase technological infrastructure in all state correctional facilities operated by the Department of Corrections to support education; (vii) study and recommend the most effective ways to establish reentry supports to facilitate positive employment outcomes post-release; (viii) propose best practices to conduct regular evaluations of program effectiveness, outcomes, and conditions to inform education program improvement; and (ix) study and make recommendations for setting and meeting average mandatory program hours provided in subsection C of § 53.1-32.1 with available resources. F. 1. The Task Force shall establish a Higher Education Advisory Group (the Advisory Group), which shall, at a minimum, consist of the following members of the Task Force: the Commissioner of the Department of Workforce Development and Advancement, the Chancellor of the Virginia Community College System, the Director of the Department of Corrections, and the Chief Information Officer of the Virginia Information Technologies Agency, or their designees, a member of a faith-based organization with expertise in prison higher education, and an active circuit court judge. 2. The Advisory Group shall propose recommendations on a potential interagency agreement between the Chancellor of the Virginia Community College System and the Department of Corrections; necessary technology infrastructure to meet the needs of higher education staff in state correctional facilities operated by the Department of Corrections; and necessary technology tools to provide incarcerated students coursework commensurate with that provided to nonincarcerated students, including a learning management system, research library access, advising, synchronous teleconference instruction, application suites, and long-term storage for students' academic resource materials and work products. 2026, c. 725 .

Va. Code Ann. § 53.1-11 Bond of Director

The Director shall be bonded in accordance with § 2.2-1840 , conditioned upon the faithful discharge of his duties. Code 1950, § 53-19.10; 1974, cc. 44, 45; 1982, c. 636; 2021, Sp. Sess. I, c. 152 .

Va. Code Ann. § 53.1-12 Divisions of Department; division heads

The Director shall establish in the Department such divisions and regional offices as may be necessary and shall appoint heads of these divisions and offices in accordance with the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2. Code 1950, §§ 53-19.11, 53-19.12; 1974, cc. 44, 45; 1978, c. 555; 1982, c. 636.

Va. Code Ann. § 53.1-13 Bonds of agents and employees

Proper bonds shall be required of all agents and employees who handle any funds which come into custody of the Department. The premiums on the bonds shall be paid from funds appropriated to the Department. Code 1950, § 53-19.16; 1974, cc. 44, 45; 1982, c. 636.

Va. Code Ann. § 53.1-17 Defense of Department of Corrections employees

If any employee of the Department shall be brought before any regulatory or administrative body, summoned before any regular or special grand jury, or, arrested, indicted, or prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Director may, with the approval of the Governor, pay in whole or in part, counsel employed by such employee to represent him, provided he is neither convicted nor terminated from his employment. Such compensation shall be paid from funds appropriated to the Department. Code 1950, §§ 53-16.1, 53-19.19; 1958, c. 542; 1970, c. 648; 1974, cc. 44, 45; 1976, c. 517; 1982, c. 636; 1989, c. 298.

Va. Code Ann. § 53.1-17.1 Continuous quality improvement committee; report

A. The Director shall establish a health care continuous quality improvement committee, which shall be composed of the Director, or his designee, and at least one of each of the following: a health services director, physician, nurse, dentist, mental health director, pharmacist, psychiatrist, specialist in infection control, and grievance counselor employed by the Department. The committee shall (i) identify appropriate criteria for evaluation of the quality of health care services provided by the Department, (ii) monitor and evaluate the quality of health care services provided by the Department utilizing the criteria identified, and (iii) develop strategies to improve the quality of health care services provided by the Department. B. Beginning July 1, 2020, the committee established pursuant to subsection A shall publish quarterly continuous quality improvement reports setting forth such data and information as the committee shall deem appropriate on a website maintained by the Department. Each facility shall submit quarterly continuous quality improvement reports containing such data and information as may be required by the committee at such times as may be required by the committee, for inclusion in the committee's quarterly continuous quality improvement report. 2019, cc. 320 , 463 .

Va. Code Ann. § 53.1-17.2 Office of the Department of Corrections Ombudsman; powers and duties

A. There is created within the Office of the State Inspector General, an Office of the Department of Corrections Ombudsman (the Office). The Office shall have the following duties and powers: 1. To provide information, as appropriate, to inmates, family members, representatives of inmates, Department employees and contractors, and others regarding the rights of inmates; 2. To monitor conditions of confinement and assess compliance with applicable federal, state, and local rules, regulations, policies, and best practices as related to the health, safety, welfare, and rehabilitation of inmates; 3. To provide technical assistance to support inmate participation in self-advocacy; 4. To provide technical assistance to local governments in the creation of correctional facility oversight bodies, as requested, to the extent resources are available to provide such assistance; 5. To establish policies for a statewide uniform reporting system to collect and analyze data related to complaints received by the Department and that may include data related to (i) deaths, suicides, and suicide attempts in custody; (ii) physical and sexual assaults in custody; (iii) the number of inmates placed in restorative housing; (iv) the number of facility lockdowns lasting longer than 24 hours; (v) the number of staff vacancies at each facility; (vi) the inmate-to-staff ratios at each facility; (vii) staff tenure, turnover, and compensation; (viii) numbers of in-person visits to inmates that were made and denied at each facility; (ix) the number of inmate complaints or grievances submitted to the Department, the resolution of such complaints or grievances, and how long it took to resolve each complaint or grievance; and (x) any covered issue as defined in § 53.1-17.9 ; 6. To establish procedures to gather stakeholder input into the Office's activities and priorities; 7. To inspect each state correctional facility at least once every three years and at least once every year for any maximum security facility and any facility where the Office has found cause for more frequent inspection or monitoring; 8. To issue publicly periodic facility inspection reports and an annual report on state correctional facility conditions and a summary of data and recommendations arising from any complaints investigated and resolved pursuant to this article, and any other thematic reports covering any topic the Office finds relevant to maintaining a safe, secure, and humane Department; 9. To monitor, document, review, and report on facility conditions in Department facilities; and 10. To review, monitor, and report on the administrative remedy process of the Department, including the availability of any complaint and grievance forms at Department facilities, the accessibility of the remedy process to inmates and their representatives at each facility, and the timely, unbiased resolution of complaints or grievances by the Department. B. The Office shall be directed by a Department of Corrections Ombudsman (the Ombudsman) who shall be selected by the State Inspector General. The co-chairmen of the Corrections Oversight Committee (the Committee), established pursuant to § 53.1-17.3 , or their designees, shall be invited to participate on the interview panels for finalist candidates for the Ombudsman position. The Office of the State Inspector General shall notify the Committee of the job posting for the Ombudsman position when the employment opportunity is made available. The State Inspector General shall select an Ombudsman who has training or experience in criminal law, including any experience with local or state correctional law, and shall consider his history of judgment, independence, objectivity, and integrity. Neither the Ombudsman nor the Ombudsman's spouse or domestic partner, parents, grandparents, children, or siblings shall be a current or former employee or contractor of the Department. The Ombudsman shall have the authority to make recommendations to the State Inspector General to (i) hire staff, contractors, and unpaid volunteers; (ii) secure office space, equipment, and other services necessary to carry out the duties of the Office pursuant to this article; and (iii) contract with experts as necessary to assist in the monitoring and inspection of facilities, the assessment of data, and the review, investigation, or resolution of complaints. A staff member or volunteer hired to work in the Office shall have the same authority and duties of the Office as described in this article. A staff member or volunteer hired by the Ombudsman shall not be (a) a person with a family member who is a current inmate of the Department, (b) a person with a family member who is a current employee or contractor of the Department, (c) a current employee or contractor of the Department, or (d) a victim or a family member of a victim of a crime committed by an inmate currently in the custody of the Department. C. The Ombudsman shall, subject to the provisions of § 53.1-17.5 , (i) attend each hearing conducted by the Committee and provide any testimony, documents, data, or information requested by Committee members; (ii) meet at least twice each year with the co-chairmen of the Committee or their designees, the Governor, and the Director to report on the work and findings of the Office; and (iii) provide testimony before the relevant committees of the General Assembly upon request from any committee chairman or vice-chairman. 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.3 Corrections Oversight Committee; membership; authority

A. There is created a Corrections Oversight Committee (the Committee) that shall consist of 13 voting members and two nonvoting members. Such voting members shall be appointed as follows: (i) two members of the Senate who are not members of the same political party, to be appointed by the Senate Committee on Rules; (ii) two members of the House of Delegates who are not members of the same political party, to be appointed by the Speaker of the House of Delegates; and (iii) the following nonlegislative citizen members to be appointed by the Governor: (a) one representative of a nonprofit prisoner advocacy group, (b) one representative of a nonprofit organization that provides training or rehabilitation programs for incarcerated inmates, (c) one male citizen and one female citizen who were formerly incarcerated within the Commonwealth for a term of imprisonment of three years or more within the 10 years immediately preceding his appointment, provided that such citizens have had their civil rights restored by the Governor, (d) one licensed physician, (e) one licensed mental health or behavioral health professional with experience providing mental health or counseling services to adults, (f) one person who is a grandparent, parent, child, sibling, or spouse or domestic partner of a person currently incarcerated within the Commonwealth and who is serving a term of incarceration of three years or more, (g) one current or former Department correctional officer in a supervisory role selected from an association of correctional officers and employees or a nonprofit organization in which he is a member, and (h) one current or former Department line correctional officer selected from an association of correctional officers and employees or a nonprofit organization in which he is a member. The two nonvoting members shall serve in an advisory role and shall consist of two current or former employees of the Department, a state correctional facility outside of the Commonwealth, or a federal correctional facility who served in such role within the 10 years immediately prior to appointment. Upon the request of an inmate, an inmate's family member or representative, or a Department staff member, employee, or contractor who believes he may be the subject of retaliation for providing testimony or other information to the Office or the Committee, such nonvoting members shall be excluded from any investigations, inspections, interviews, receipt of testimony, or review of documents by the Office or the Committee with regard to the requester. B. Members appointed pursuant to this section shall serve a term of three years. Except as provided in subsection A, neither a member nor a member's spouse or domestic partner, parents, grandparents, children, or siblings shall be (i) a current or former employee or contractor of the Department at any time during the 10 years prior to his appointment to the Committee or (ii) involved in active litigation against the Department. Members of the Committee shall not serve more than three consecutive terms. The Committee shall be co-chaired by two legislative members appointed pursuant to subsection A who are not members of the same chamber of the legislature or of the same political party. A co-chairman shall serve a term of three years and shall not serve more than two consecutive terms. The Committee co-chairmen shall be selected by the leaders of their respective political parties in the House of Delegates and the Senate. Except as provided in subsection A, all members of the Committee shall have the power to vote on matters and actions before the Committee. Matters and actions of the Committee shall be decided pursuant to a majority vote of the voting members present. To vote on actions or matters before the Committee, a quorum must exist, which shall include the Committee co-chairmen and six of the other voting members. C. The Committee shall meet as the co-chairmen deem necessary, or on the call of a majority of the members. D. Pursuant to §§ 2.2-2813 and 2.2-2825 , Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses. E. The Committee shall hold at least two public hearings each year to present, review, and discuss the Office's inspections, findings, reports, and recommendations set forth in the Office's annual report. F. The Committee co-chairmen, or their designees, shall meet at least twice each year with the Governor and the Director to report on the work and findings of the Committee and shall provide testimony before the relevant committees of the House of Delegates and Senate upon request from the committee chairman or vice-chairman or ranking member. G. Upon a majority vote of its voting members, the Committee may make an ex parte application to the circuit court for the county or city wherein evidence sought is kept for the issuance of a subpoena duces tecum in furtherance of an investigation or to request production by the Department of any relevant records, documents, or other evidence, with the exception of confidential employee files and active internal affairs investigations. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena for the appearance of an individual before any hearing conducted by the Committee. The subpoena shall be served by the Office and enforced by the circuit court. Department employees may have counsel present during testimony. Subpoenas so issued shall be served and, upon application to the court by the Committee, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. H. The Committee shall conduct, at a minimum, one random inspection of a facility each year and shall visit a different facility upon each inspection. All members of the Committee may be present during each inspection and shall not announce an inspection to any individual or entity outside of the Committee before such inspection occurs. During the course of an inspection, members of the Committee shall have the same access to the facility, inmates, staff, documents, and records in accordance with § 53.1-17.4 and shall have the same powers as granted to the Office for an inspection pursuant to § 53.1-17.6 . 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.4 Access to facilities and records

A. The Office shall have reasonable access, upon request in person or in writing and with or without prior notice, to all Department facilities, including all areas that are used by inmates, all areas that are accessible to inmates, and to programs for inmates, at reasonable times, which at a minimum shall include normal working and visiting hours. This authority includes the opportunity to conduct an interview with any inmate, Department employee or contractor, or other person. This access is to (i) provide information about individual rights and the services available from the Office, including the name, address, and telephone number of the Office facilities or staff; (ii) conduct official inspections as defined in § 53.1-17.6 ; (iii) conduct an official investigation as provided in § 53.1-17.7 ; and (iv) inspect, view, photograph, and record by video all areas of the facility that are used by inmates or are accessible to inmates. However, Committee members may not visit incarcerated family members outside of Department visitation policies and procedures. The Office shall preserve the confidentiality of any information obtained from the Department in accordance with applicable state and federal laws. B. Access to inmates includes the opportunity to meet and communicate privately and confidentially with individuals regularly, with or without prior notice, both formally and informally, by telephone, mail, and electronic communication and in person. In the case of communications with inmates, these communications shall not be monitored by, recorded by, or conducted in the presence of employees or contractors of the Department. Meetings with inmates may be recorded by members of the Office at their discretion and with the inmate's consent. Any such recordings are subject to the provisions of § 53.1-17.5 . C. The Office shall provide a statewide toll-free telephone number, website, and mailing address for the receipt of complaints and inquiries. D. The Office shall have the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the Department, with the exception of confidential employee files, that the Office considers necessary in an investigation of a complaint filed under this article, and the Department shall assist the Office in obtaining the necessary releases for those documents that are specifically restricted or privileged for use by the Office. The Office shall preserve the confidentiality of any information obtained from the Department in accordance with applicable state and federal laws. E. Access to Department employees or contractors includes the opportunity to meet and communicate privately and confidentially with individuals during inspections or normal working hours, with or without prior notice, both formally and informally, by telephone, mail, and electronic communication and in person. Meetings with Department employees or contractors may be recorded by members of the Office at their discretion and with the individual's consent. F. The Office shall have the power to issue a subpoena to the Department for records, documents, or data in the Department's possession, and for Department staff, contractors, or representatives to appear and provide information to the Office. Subpoenas so issued shall be served and, upon application to the court by the Office, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. Department employees may have counsel or a representative from their employee organization present during testimony. G. Following notification from the Office of a written request for access to Department records, the designated Department staff shall provide the Office with access to the requested documentation not later than 20 days after receipt of the written request. If the records requested pertain to (i) an inmate death; (ii) threats of bodily harm, including sexual or physical assaults; or (iii) the denial of necessary medical treatment, the records shall be provided within five days unless the Office consents to an extension. H. The Office shall work with the Department to minimize disruption to operations of the Department due to an investigation by the Office. The Office shall comply with the Department security processes, provided these processes do not impede the investigation or resulting activities of the Office. 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.5 Communications; confidentiality

A. Unless otherwise part of the public record, the following records shall be kept confidential from the general public and not subject to the Freedom of Information Act (§ 2.2-3700 et seq.): 1. Complaints received by the Office, as well as statements, documentation, and other evidence received or maintained by the Office or its agents in connection with complaints made to or investigations undertaken pursuant to the Office's powers under §§ 53.1-17.6 and 53.1-17.7 , including the identities of recipients of Ombudsman services, complainants, and individuals from whom information is acquired. 2. Photographs or video recordings taken within a Department facility pursuant to subsection A of § 53.1-17.4 , if the Office determines that such photographs or video recordings contain information that is not otherwise publicly available and their dissemination to the public would jeopardize the safety or security of inmates or employees of the Department, or they can be used to identify inmates. 3. Personal identifying information about corrections staff received during the course of an investigation. B. The Office shall establish rules and procedures to ensure the confidentiality of such information gathered and maintained by the Office. The Office shall not reveal to (i) Department employees or contractors or (ii) other inmates the identity of a complainant before, during, or after an investigation to the greatest extent practicable, except as is necessary to effectively carry out an investigation. C. Notwithstanding anything else in this section, the Office shall disclose information as needed to prevent reasonably certain death or substantial bodily harm. D. The Office shall keep confidential all matters under investigation, including the identities of recipients of Ombudsman services, complainants, and individuals from whom information is acquired, unless disclosure is necessary for the performance of its duties. If the Office receives personal identifying information about corrections staff during the course of an investigation that is unnecessary or unrelated to the subject of the investigation or related recommendation, the Office shall not further disclose such information. Prior to the disclosure of any such information, the Office shall provide notice to the applicable staff person and the Director. E. Upon receipt of information that is confidential or privileged, the Office shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law or as authorized by this section. 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.6 Inspection authority; inspection and assessment; report; safety and compliance classification

A. The Office shall conduct periodic inspections of each facility maintained by the Department. The initial inspection of each individual facility shall be conducted by July 1, 2026, and the findings shall be publicly reported or included in the annual report established in § 53.1-17.8 . B. An inspection of any facility may include an assessment of the following: 1. Any policies and procedures related to the care of inmates; 2. Conditions of confinement; 3. Availability of educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training; 4. Any policies and procedures related to visitation; 5. Any medical facilities and medical policies and procedures; 6. Any lockdowns at the facility in the time since the last inspection or, in the instance of the initial inspection, any lockdowns at the facility within the previous three years; 7. Staffing at the facility, including the number of staff, job assignments, the ratio of staff to inmates, and the number of staff vacancies; 8. Physical or sexual assaults at the facility in the time since the last inspection or, in the instance of the initial inspection, any physical or sexual assaults within the previous three years; 9. Inmate or staff deaths at the facility in the time since the last inspection or, in the instance of the initial inspection, any inmate or staff deaths within the previous three years; 10. Any policies and procedures related to Department staff recruitment, training, supervision, and discipline; 11. Availability of complaint and grievance forms at the facility and the accessibility of the administrative remedies process to inmates and their representatives; and 12. Any other aspect of the operation of the facility that the Office determines is necessary to assess or that relates to covered issues. C. Upon completion of an inspection, the Office shall produce a report to be made available to the public online and to be delivered to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, and the Director. The report shall include a summary of all the factors listed in subsection B, any recommendations and a safety and compliance classification with a recommended timeline for the next inspection, and the Director's response to the inspection. D. The levels of classification shall be as follows: 1. A Tier I classification means that the facility has clear violations of rights, risks to the safety of inmates, or a severe lack of quality programming necessary for the successful rehabilitation of individuals. Such classification shall require a subsequent inspection within 12 months. 2. A Tier II classification means that the facility has violations of rights, substandard conditions of confinement, or substandard programming options. Such classification shall require a subsequent inspection within 18 to 36 months. 3. A Tier III classification means that the facility has adequate conditions of confinement and programming options. Such classification shall require a subsequent inspection within 36 months. E. The Department shall respond in writing to each inspection report issued by the Office within 30 days of the issuance of the report and in its response shall include a corrective action plan. The Office shall monitor the Department's compliance with the corrective action plan and may conduct further inspections or investigations as necessary to ensure such compliance. F. Nothing in this section shall be construed to limit the ability of the Office or members of the Committee to enter and inspect a Department facility at any time, with or without advance notice, as described in §§ 53.1-17.3 and 53.1-17.4 . 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.7 Authority to investigate complaints

A. The Office may initiate and attempt to resolve an investigation upon its own initiative, or upon receipt of a complaint from an inmate, a family member or representative of an inmate, a Department employee or contractor, or others, regarding (i) abuse or neglect; (ii) conditions of confinement; (iii) decisions or administrative actions by the Department; (iv) inactions or omissions of the Department; (v) Department policies, rules, or procedures; or (vi) alleged violations of law by Department employees or contractors that may adversely affect the health, safety, welfare, or rights of inmates. B. The Office may decline to investigate any complaint. Upon declining to investigate a complaint, the Office shall notify the complainant in writing of the decision not to investigate and shall include the reasons for such decision. If the complainant is an inmate, the Office shall inform an inmate that the inmate is entitled to use the Department's policies regarding resolution of inmate grievances and shall provide information and a complete set of forms to the inmate to complete the resolution of inmate grievances. The Department shall toll any procedural deadlines imposed on inmates for filing a grievance or complaint as part of the administrative remedy process until five business days after the inmate received the information and forms from the Office by inmate legal mail process. The Office shall decline to investigate a complaint if the inmate has failed to first use the Department's policies regarding resolution of inmate grievances, unless the inmate provides evidence that the complaint is legitimate and the inmate made a good faith attempt to exhaust the administrative remedy process and was impeded or procedurally defaulted by no fault of his own. If the Office finds that inmates repeatedly assert their inability to utilize the administrative remedy process despite their good faith efforts, the Office may conduct an unannounced inspection of the facility in question to determine whether the facility is making the administrative process and grievance forms accessible to inmates. C. The Office shall not investigate any complaints relating to an inmate's underlying criminal conviction. The Office may refer the complainant and others to the appropriate resources or state or federal agencies. D. The Office may not levy any fees for the submission or investigation of complaints. E. At the conclusion of an investigation, the Office shall render a decision on the merits of each complaint. The Office shall communicate the decision to the complainant and to the Department. The Office shall state its recommendations and reasoning if the Office determines that the Department, or any employee or contractor thereof, should (i) consider the matter further; (ii) modify or cancel any action; (iii) alter a rule, practice, or ruling; (iv) explain in detail the administrative action in question; or (v) rectify an omission. Upon request of the Office, the Department shall inform the Office in writing about any action taken on the recommendations or the reasons for not complying with such recommendations. Aggregated information related to complaints received and complaint resolutions shall be made publicly available pursuant to § 53.1-17.8 . F. If the Office believes that there has been or continues to be a significant issue with inmate health, safety, welfare, or rehabilitation, the Office shall report the finding to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director. G. In the event that the Department conducts its own internal disciplinary investigation and review of one or more staff members as a result of the investigation of the Office, such disciplinary investigation and review may be subject to additional investigation and review by the Office to ensure a fair and objective process. H. Prior to announcing a conclusion or recommendation, the Office shall consult with the Department or any person individually named in the conclusion or recommendation. The Office may request to be notified, within a specified time, by the Department of any action taken on any recommendation presented. I. The Department and any employees or contractors thereof shall not discharge, retaliate against, or in any manner discriminate against any person because such person has filed any complaint or instituted or caused to be instituted any proceeding pursuant to this article. Any alleged discharge, retaliation against, or discrimination against a complainant may be considered by the Office as an appropriate subject for investigation. 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.8 Annual report

A. The Office shall produce an annual report to be made available to the public online and to be delivered to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director by December 31 of each year. The report shall include: 1. A summary of the Office's inspections and complaint investigations conducted that fiscal year, including the Office's findings and recommendations and the Department responses and corrective actions; 2. A characterization of the conditions of confinement at each facility; 3. A summary of available educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training at each facility; 4. A summary of visitation policies and procedures at each facility; 5. A summary of medical facilities and medical policies and procedures at each facility; 6. A summary of the lockdowns reviewed by the Office; 7. A summary of staffing at each facility; 8. A summary of physical or sexual assaults reviewed by the Office; 9. A summary of any inmate or staff deaths that occurred at each facility; 10. A summary of the Office's investigations, findings, and resolutions of any complaints submitted pursuant to § 53.1-17.7 ; and 11. Any recommendations to the General Assembly and the Department. B. If the Office so requests, the Department shall, within the time specified, inform the Office in writing about any action taken on the recommendations included in the annual report or the reasons for not complying with such recommendations. 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.9 Inmate and family support services

A. For the purposes of this section, "family member" means a grandparent, parent, sibling, spouse or domestic partner, child, parent's sibling, cousin, sibling's child, grandchild, or any other person related by blood, adoption, marriage, or a fostering relationship. B. For the purposes of this section, covered issues include (i) sanitation in correctional facilities; (ii) access to proper nutrition and clean and adequate water supplies; (iii) habitable temperatures in correctional facilities; (iv) physical or sexual abuse from fellow inmates; (v) physical or sexual abuse from staff, contractors, or volunteers; (vi) credible threats against self from other inmates, staff, or contractors; (vii) neglect of staff or contractors that results in physical or sexual trauma; (viii) denial or violation of rights; (ix) access to visitation and communication with family and legal representation; (x) access to medical or mental health care or substance abuse treatment; (xi) access to educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training; (xii) access to the Department's administrative remedies process for inmates and their representatives, including the availability of complaint and grievance forms and the timely, unbiased resolution of grievances; and (xiii) adequate and qualified staffing in each Department facility. C. The Office shall provide a statewide toll-free telephone number, a mailing address, and paper and electronic forms for inmates, family members, friends, and advocates to submit complaints and inquiries regarding covered issues on behalf of an inmate incarcerated in a Department facility. Upon receipt of a complaint or inquiry, the Office shall (i) confirm receipt of such complaint or injury and (ii) make a determination and notify the complainant as to whether an investigation is warranted. Paper forms shall be made available to all inmates and shall be provided to inmates upon request to a Department employee or contractor, including when the inmate is in administrative segregation or solitary confinement. Department employees and contractors must treat such paper forms as confidential and privileged in the same manner as legal correspondence or communication. All incoming and outgoing inmate mail is subject to the Department's security screening processes and procedures. The Office and Director shall guarantee that calls made by inmates, employees, and contractors to file complaints and inquiries with the Office regarding covered issues are confidential and are not monitored or recorded. D. The provisions of subsection I of § 53.1-17.7 shall apply to complaints or inquiries made pursuant to this section. E. The Ombudsman shall develop a short-term and long-term strategic plan that (i) is informed by visits to Department facilities, at least two public meetings, consultation with stakeholders, and review of best practices in other states; (ii) includes procedures for coordination with existing employees at the Office of the State Inspector General and the Department, in collaboration with those employees and with the goal of complementing existing efforts; and (iii) includes potential options and recommendations for legislation and budget actions that would support its short-term and long-term goals. The Office shall provide a report on its initial activities and strategic plan to the Governor and the General Assembly on or before November 15, 2025. 2024, cc. 392 , 393 .

Va. Code Ann. § 53.1-17.10 Exhaustion of remedies

Any action or lack of action by the Office on a complaint made pursuant to this article shall not be deemed an administrative procedure required for exhaustion of remedies before bringing an action pursuant to 42 U.S.C. § 1997(e). 2024, cc. 392 , 393 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title53.1/chapter1/Fetched: 10/16/2026

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