Code of Virginia

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Code of Virginia
Title 53.1. Prisons and Other Methods of Correction
Chapter 3. Local Correctional Facilities
9/18/2021

§ 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings.

Any circuit court in any county or city which maintains and operates any local correctional facility or lock-up, or in any county in which is situated any town which maintains and operates any local correctional facility or lock-up, affected by any such order of the Board, shall have jurisdiction to enforce such order by an injunction or other appropriate remedy at the suit of the Board. In the City of Richmond such jurisdiction shall be vested in the Circuit Court, Division I. Such proceeding shall be commenced by a petition of the Board in the name of the Commonwealth and shall, insofar as possible, conform to rules of procedure applicable to a civil action. The governing body of each county, city or town which maintains and operates any local correctional facility or lock-up affected by the order of the Board, and the officer in charge of each such facility, shall be made parties defendant. In every such proceeding the court shall hear all relevant evidence, including evidence with regard to the condition of the local correctional facility or lock-up and any other evidence bearing upon the propriety of the Board's action. The court may refuse to grant the injunction if it appears that the action of the Board was not warranted.

Code 1950, § 53-135; 1982, c. 636; 2005, c. 681.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.