Virginia Law

Article 1. General Provisions.

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.

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.

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.

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.

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.