Code of Virginia

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Code of Virginia
Title 53.1. Prisons and Other Methods of Correction
Chapter 3. Local Correctional Facilities
12/6/2022

Article 2. Utilization of Jails.

§ 53.1-72. Jails of counties and cities to be jails of courts therein.

The jail of each county and city shall be the jail of every court established therein by law.

Code 1950, § 53-137; 1982, c. 636.

§ 53.1-73. When jail of county to be jail for town.

Every town shall have the use of the jail of the county in which such town is located, to aid the constituted authorities of any such town in maintaining peace and good order, and generally for the enforcement of its ordinances, unless for good cause the judge of the circuit court of such county shall prohibit such use.

Code 1950, § 53-138; 1972, c. 573; 1982, c. 636.

§ 53.1-74. When court may adopt jail of another county or city.

When a county or city is without an adequate jail, or its jail is to be removed, rebuilt or repaired, the circuit court thereof shall adopt as its jail the jail of another county or city until it can obtain an adequate jail. All persons committed or ordered committed to the jail of the first mentioned county or city, at or after such adoption and before an adequate jail be so obtained, shall be conveyed to the jail so adopted.

Code 1950, § 53-139; 1982, c. 636.

§ 53.1-75. Procedure after adoption.

The keeper of any jail so adopted for a county or city so designated shall, as to the person so conveyed to such jail, be deemed the jailer of such county or city, until the court thereof shall declare its own jail to be adequate. Thereafter, such persons shall be delivered to the sheriff of such county or city who shall convey them to the jail kept by the sheriff or jail superintendent.

Code 1950, § 53-141; 1982, c. 636; 1991, c. 383.

§ 53.1-76. Commitment to jail of another county or city; payment of costs, etc.

In any case should it become necessary or expedient for the safekeeping of any prisoner, or for good cause, a circuit court may commit such prisoner to a jail other than that located in its county or city. The keeper of the jail in making his account for the board of such prisoner shall include the prisoner in such account, as if the prisoner had actually been committed from his county or city. The authorities of the county or city from which the prisoner is sent shall be responsible for any damage done by him to the jail of the county or city in which such prisoner may be confined.

Code 1950, § 53-142; 1960, c. 376; 1982, c. 636; 1985, c. 321.

§ 53.1-77. Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detention orders.

When the jail of any other county or city has been adopted or designated under the provisions of §§ 53.1-74 and 53.1-76, any judge or magistrate authorized to issue temporary detention orders pursuant to §§ 37.2-809 through 37.2-813 of the adopting county or city shall have concurrent jurisdiction with those of the county or city wherein the adopted or designated jail is located, in proceedings under Chapter 8 (§ 37.2-800 et seq.) of Title 37.2, with respect to such persons as have been involuntarily admitted there from the adopting county or city. Such judge or magistrate may perform any such act or duty at such place as if such person was involuntarily admitted within the jurisdiction of the adopting county or city.

Code 1950, § 53-142.1; 1952, c. 264; 1970, c. 648; 1982, c. 636; 2005, c. 716.

§ 53.1-78. Jail for Supreme Court.

The jail of any county or city in which the Supreme Court or Court of Appeals or a panel thereof is sitting, may be used as a jail for such court.

Code 1950, § 53-143; 1982, c. 636; 1984, c. 703.

§ 53.1-79. Jails for United States prisoners; payment by United States.

The sheriff of any county or city or jail superintendent of any regional jail may receive into his jail any person committed thereto under the authority of the United States, and keep him safely according to the warrant or precept of commitment, until he shall be discharged under the laws of the United States. But no person arrested on civil process shall, under this section, be committed to any jail other than that of the county or city within which such person resides or is found.

The county or city or regional jail authority or, if none, the body responsible for the fiscal management of the regional jail shall be paid by the United States for the support of any such prisoner.

Code 1950, § 53-145; 1970, c. 648; 1982, c. 636; 1991, c. 383.

§ 53.1-79.1. Agreements to transfer, transport, and confine prisoners.

The sheriff or superintendent of any jail may enter into an agreement with the sheriff or superintendent of any other jail in the Commonwealth to transfer and transport prisoners between the respective facilities, and to confine such prisoners, unless such transfer is otherwise prohibited by law.

1991, c. 192.