Code of Virginia

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Code of Virginia
Title 53.1. Prisons and Other Methods of Correction
Chapter 2. State Correctional Facilities
12/6/2022

§ 53.1-61. Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation.

A. In order to determine whether a prisoner to be released for employment as provided in § 53.1-60 has dependents receiving public assistance benefits, the Director may require such person to reveal the identity and residence of any dependents as a condition to release. The Director shall notify any such dependents, the local department of social services where such dependents reside and the Commissioner of Social Services of the release of such person for employment. Upon request of the local department of social services or the Commissioner of Social Services, the Director shall withhold and pay over a portion of the person's earnings as provided in § 53.1-60.

B. If the local department of social services or the Commissioner of Social Services objects to the amount withheld by the Director, the balance credited to the person's account shall be subject to all civil remedies provided by law to the local department of social services or the Commissioner of Social Services for the enforcement of support of dependents receiving public assistance benefits.

C. The director of the local department of social services and the Commissioner of Social Services or their designees shall be permitted access to the records of the Director concerning the earnings of the prisoner.

Code 1950, § 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747.

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.