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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
11/21/2024

6VAC16. Department of Corrections

VAC AGENCY NO. 16

DEPARTMENT OF CORRECTIONS

AGENCY SUMMARY

The Department of Corrections is an Executive Branch agency operating under the Office of the Secretary of Public Safety and Homeland Security. Title 53.1, Chapter 1, Article 3. The mission of the department is to enhance the quality of life in the Commonwealth by improving public safety. The department accomplishes its mission through the purposeful control and supervision of those sentenced to prison and state supervision. The department is under the supervision and management of the Director of the Department of Corrections. All references to Title 53.1 in this Agency Summary are to Title 53.1 of the Code of Virginia.

The director has authority to establish and operate state correctional facilities, facilities for juveniles sentenced as adults, a statewide community-based corrections system for state-responsible offenders, and community corrections alternative programs. Title 53.1, Chapter 2. The director is also authorized to (i) establish probation and parole districts, and halfway houses and (ii) oversee state probation and parole services and community correctional facilities and programs. Title 53.1, Chapters 4 and 5. The director is also authorized to enter into contracts with prison contractors subject to requirements and limitations specified by the Code of Virginia. Title 53.1, Chapter 15 of the Code of Virginia.

The Director of the Department of Corrections has the authority or mandate to promulgate regulations under various sections of Title 53.1 of the Code of Virginia:

The director is required to promulgate regulations to effectuate the provisions of Chapter 5.1 of Title 32.1 of the Code of Virginia regarding human research, as defined in § 32.1-162.16 of the Code of Virginia, to be conducted or authorized by the department. Title 53.1, Chapter 1, Article 3.

The director is required to promulgate regulations governing the extension of limits of confinement related to permitting furloughs. Title 53.1, Chapter 2, Article 2.

The director is authorized to establish regulations governing the allowance for inmate labor and the disposition of the allowance. Title 53.1, Chapter 2, Article 3.

The director is required to promulgate regulations governing the disposition of inmate wages to meet obligations and payments in the order of priority as specified by § 53.1-60. Title 53.1, Chapter 2, Article 3.

The director is required to promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees. Title 53.1, Chapter 2, Article 3.

The director is required to promulgate regulations governing the exercise of probation and parole officers' authority to (i) order and conduct drug and alcohol screening tests of any probationer, person subject to post-release supervision pursuant to § 19.2-295.2 of the Code of Virginia, or parolee under supervision who the officer has reason to believe is engaged in the illegal use of control substances or marijuana, or the abuse of alcohol and (ii) carry a concealed weapon. Title 53.1, Chapter 4, Article 2.

The director is required to promulgate regulations governing the collection and payment of fees by persons granted parole and required to receive substance abuse treatment as a condition of parole. Title 53.1, Chapter 4, Article 2.

The director is required to approve regulations governing the earning of good conduct allowance. Title 53.1, Chapter 6, Article 3.

The director is required to make, adopt, and promulgate regulations governing aspects of private management and operation of prison facilities. Title 53.1, Chapter 15.

Chapter 759 of the 2020 Acts of Assembly clarified and expanded the authority of the director in relation to the State Board of Corrections and renamed the State Board of Corrections as the State Board of Local and Regional Jails.

Regulations are available at the Department of Corrections principal office at 6900 Atmore Drive, Richmond, Virginia, mailing address: P.O. Box 26963, Richmond, VA 23261. A fee may be imposed for large numbers of copies of regulations. Department of Corrections Internet address is http://www.vadoc.virginia.gov.

Rev. 05/2021

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.