{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-10.html"}],"law_id":83752,"edition_id":1,"section_id":83752,"structure_id":14680,"section_number":"53.1-10","catch_line":"Powers and duties of Director","history":"Code 1950, \u00a7\u00a7 53-19.8, 53-19.14; 1974, cc. 44, 45; 1982, c. 636; 1994, 2nd Sp. Sess., c. 7; 1995, c. 725; 1997, c. 894; 2003, cc. 94, 516, 854; 2006, cc. 431, 500; 2007, c. 392; 2009, cc. 39, 621; 2012, cc. 803, 835; 2013, cc. 143, 214; 2014, c. 84; 2015, cc. 99, 293; 2016, c. 205; 2019, c. 618; 2020, cc. 759, 1229, 1265; 2025, c. 427.","full_text":"The Director shall be the chief executive officer of the Department and shall have the following duties and powers:\n\n1\n\nTo supervise and manage the Department and its system of state correctional facilities;2\n\nTo implement the standards and goals of the Board as formulated for local and community correctional programs and facilities and lock-ups;3\n\nTo employ such personnel and develop and implement such programs as may be necessary to carry out the provisions of this title, subject to Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, and within the limits of appropriations made therefor by the General Assembly;4\n\nTo establish and maintain a general system of schools for persons committed to the institutions and community-based programs for adults as set forth in § 53.1-67.9. Such system shall include, as applicable, elementary, secondary, postsecondary, career and technical education, adult, and special education schools.\n\t\t\ta. The Director shall employ a Superintendent who will oversee the operation of educational and vocational programs in all institutions and community-based programs for adults as set forth in § 53.1-67.9 operated by the Department. The Department shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education.\n\t\t\tb. When the Department employs a teacher licensed by the Board of Education to provide instruction in the schools of the correctional centers, the Department of Human Resource Management shall establish salary schedules for the teachers which endeavor to be competitive with those in effect for the school division in which the correctional center is located.\n\t\t\tc. The Superintendent shall develop a functional literacy program for inmates testing below a selected grade level, which shall be at least at the twelfth grade level. The program shall include guidelines for implementation and test administration, participation requirements, criteria for satisfactory completion, and a strategic plan for encouraging enrollment at an institution of higher education or an accredited vocational training program or other accredited continuing education program.\n\t\t\td. For the purposes of this section, the term “functional literacy” shall mean those educational skills necessary to function independently in society, including, but not limited to, reading, writing, comprehension, and arithmetic computation.\n\t\t\te. In evaluating a prisoner’s educational needs and abilities pursuant to § 53.1-32.1, the Superintendent shall create a system for identifying prisoners with learning disabilities.5\n\na. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this title, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of this Commonwealth, and contracts with corporations, partnerships, or individuals which include, but are not limited to, the purchase of water or wastewater treatment services or both as necessary for the expansion or construction of correctional facilities;\n\t\t\tb. Notwithstanding the Director’s discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this title, upon determining that it shall be desirable to contract with a public or private entity for the provision of community-based residential services pursuant to Chapter 5 (§ 53.1-177 et seq.), the Director shall notify the local governing body of the jurisdiction in which the facility is to be located of the proposal and of the facility’s proposed location and provide notice, where requested, to the chief law-enforcement officer for such locality when an offender is placed in the facility at issue;\n\t\t\tc. Notwithstanding the Director’s discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this title, upon determining that it is necessary to transport Virginia prisoners through or to another state and for other states to transport their prisoners within the Commonwealth, the Director may execute reciprocal agreements with other states’ corrections agencies governing such transports that shall include provisions allowing each state to retain authority over its prisoners while in the other state.6\n\nTo accept, hold and enjoy gifts, donations and bequests on behalf of the Department from the United States government and agencies and instrumentalities thereof, and any other source, subject to the approval of the Governor. To these ends, the Director shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;7\n\nTo collect data pertaining to the demographic characteristics of adults, and juveniles who are adjudicated as adults, incarcerated in state correctional institutions, including, but not limited to, the race or ethnicity, age, and gender of such persons, whether they are a member of a criminal gang, and the types of and extent to which health-related problems are prevalent among such persons. Beginning July 1, 1997, such data shall be collected, tabulated quarterly, and reported by the Director to the Governor and the General Assembly at each regular session of the General Assembly thereafter. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports;8\n\nTo make application to the appropriate state and federal entities so as to provide any prisoner who is committed to the custody of the state a Department of Motor Vehicles approved identification card that would expire 90 days from issuance, a copy of his birth certificate if such person was born in the Commonwealth, and a social security card from the Social Security Administration;9\n\nTo forward to the Commonwealth’s Attorneys’ Services Council, updated on a monthly basis, a list of all identified criminal gang members incarcerated in state correctional institutions. The list shall contain identifying information for each criminal gang member, as well as his criminal record;10\n\nTo give notice, to the attorney for the Commonwealth prosecuting a defendant for an offense that occurred in a state correctional facility, of that defendant’s known gang membership. The notice shall contain identifying information for each criminal gang member as well as his criminal record;11\n\nTo designate employees of the Department with internal investigations authority to have the same power as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of the Department. Such employees shall be subject to any minimum training standards established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law-enforcement power granted under this subdivision. Nothing in this section shall be construed to grant the Department any authority over the operation and security of local jails not specified in any other provision of law. The Department shall investigate allegations of criminal behavior in accordance with a written agreement entered into with the Department of State Police. The Department shall not investigate any action falling within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2 unless specifically authorized by the Office of the State Inspector General;12\n\nTo prescribe and enforce rules prohibiting the possession of obscene materials, as defined in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, by prisoners incarcerated in state correctional facilities;13\n\nTo develop and administer a survey of each correctional officer, as defined in § 53.1-1, who resigns, is terminated, or is transitioned to a position other than correctional officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correctional officers;14\n\nTo promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Director or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved;15\n\nTo provide, pursuant to § 24.2-314, to the Division of Legislative Services, not later than July 1 of any year in which the decennial census is taken and in a format specified by the Division of Legislative Services, information regarding each person incarcerated in a state correctional facility on April 1 of that year. Such information shall include, for each person incarcerated, (i) a unique identifier, other than his name or offender identification number, assigned by the Director; (ii) his residential street address at the time of incarceration, or other legal residence, if known; (iii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iv) the street address of the correctional facility in which he was incarcerated on April 1 of that year; and16\n\nTo develop and implement policies for the accommodation in state correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur.","order_by":null,"text":{"0":{"id":300234,"text":"The Director shall be the chief executive officer of the Department and shall have the following duties and powers:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":300235,"text":"To supervise and manage the Department and its system of state correctional facilities;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":300236,"text":"To implement the standards and goals of the Board as formulated for local and community correctional programs and facilities and lock-ups;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":300237,"text":"To employ such personnel and develop and implement such programs as may be necessary to carry out the provisions of this title, subject to Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, and within the limits of appropriations made therefor by the General Assembly;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":300238,"text":"To establish and maintain a general system of schools for persons committed to the institutions and community-based programs for adults as set forth in § 53.1-67.9. Such system shall include, as applicable, elementary, secondary, postsecondary, career and technical education, adult, and special education schools.\n\t\t\ta. The Director shall employ a Superintendent who will oversee the operation of educational and vocational programs in all institutions and community-based programs for adults as set forth in § 53.1-67.9 operated by the Department. The Department shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education.\n\t\t\tb. When the Department employs a teacher licensed by the Board of Education to provide instruction in the schools of the correctional centers, the Department of Human Resource Management shall establish salary schedules for the teachers which endeavor to be competitive with those in effect for the school division in which the correctional center is located.\n\t\t\tc. The Superintendent shall develop a functional literacy program for inmates testing below a selected grade level, which shall be at least at the twelfth grade level. The program shall include guidelines for implementation and test administration, participation requirements, criteria for satisfactory completion, and a strategic plan for encouraging enrollment at an institution of higher education or an accredited vocational training program or other accredited continuing education program.\n\t\t\td. For the purposes of this section, the term “functional literacy” shall mean those educational skills necessary to function independently in society, including, but not limited to, reading, writing, comprehension, and arithmetic computation.\n\t\t\te. In evaluating a prisoner’s educational needs and abilities pursuant to § 53.1-32.1, the Superintendent shall create a system for identifying prisoners with learning disabilities.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":300239,"text":"a. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this title, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of this Commonwealth, and contracts with corporations, partnerships, or individuals which include, but are not limited to, the purchase of water or wastewater treatment services or both as necessary for the expansion or construction of correctional facilities;\n\t\t\tb. Notwithstanding the Director’s discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this title, upon determining that it shall be desirable to contract with a public or private entity for the provision of community-based residential services pursuant to Chapter 5 (§ 53.1-177 et seq.), the Director shall notify the local governing body of the jurisdiction in which the facility is to be located of the proposal and of the facility’s proposed location and provide notice, where requested, to the chief law-enforcement officer for such locality when an offender is placed in the facility at issue;\n\t\t\tc. Notwithstanding the Director’s discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this title, upon determining that it is necessary to transport Virginia prisoners through or to another state and for other states to transport their prisoners within the Commonwealth, the Director may execute reciprocal agreements with other states’ corrections agencies governing such transports that shall include provisions allowing each state to retain authority over its prisoners while in the other state.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":300240,"text":"To accept, hold and enjoy gifts, donations and bequests on behalf of the Department from the United States government and agencies and instrumentalities thereof, and any other source, subject to the approval of the Governor. To these ends, the Director shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":300241,"text":"To collect data pertaining to the demographic characteristics of adults, and juveniles who are adjudicated as adults, incarcerated in state correctional institutions, including, but not limited to, the race or ethnicity, age, and gender of such persons, whether they are a member of a criminal gang, and the types of and extent to which health-related problems are prevalent among such persons. Beginning July 1, 1997, such data shall be collected, tabulated quarterly, and reported by the Director to the Governor and the General Assembly at each regular session of the General Assembly thereafter. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":300242,"text":"To make application to the appropriate state and federal entities so as to provide any prisoner who is committed to the custody of the state a Department of Motor Vehicles approved identification card that would expire 90 days from issuance, a copy of his birth certificate if such person was born in the Commonwealth, and a social security card from the Social Security Administration;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":300243,"text":"To forward to the Commonwealth’s Attorneys’ Services Council, updated on a monthly basis, a list of all identified criminal gang members incarcerated in state correctional institutions. The list shall contain identifying information for each criminal gang member, as well as his criminal record;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":300244,"text":"To give notice, to the attorney for the Commonwealth prosecuting a defendant for an offense that occurred in a state correctional facility, of that defendant’s known gang membership. The notice shall contain identifying information for each criminal gang member as well as his criminal record;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":300245,"text":"To designate employees of the Department with internal investigations authority to have the same power as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of the Department. Such employees shall be subject to any minimum training standards established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law-enforcement power granted under this subdivision. Nothing in this section shall be construed to grant the Department any authority over the operation and security of local jails not specified in any other provision of law. The Department shall investigate allegations of criminal behavior in accordance with a written agreement entered into with the Department of State Police. The Department shall not investigate any action falling within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2 unless specifically authorized by the Office of the State Inspector General;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":300246,"text":"To prescribe and enforce rules prohibiting the possession of obscene materials, as defined in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, by prisoners incarcerated in state correctional facilities;","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":300247,"text":"To develop and administer a survey of each correctional officer, as defined in § 53.1-1, who resigns, is terminated, or is transitioned to a position other than correctional officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correctional officers;","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":300248,"text":"To promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Director or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved;","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":300249,"text":"To provide, pursuant to § 24.2-314, to the Division of Legislative Services, not later than July 1 of any year in which the decennial census is taken and in a format specified by the Division of Legislative Services, information regarding each person incarcerated in a state correctional facility on April 1 of that year. Such information shall include, for each person incarcerated, (i) a unique identifier, other than his name or offender identification number, assigned by the Director; (ii) his residential street address at the time of incarceration, or other legal residence, if known; (iii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iv) the street address of the correctional facility in which he was incarcerated on April 1 of that year; and","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":300250,"text":"To develop and implement policies for the accommodation in state correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15"}},"ancestry":[{"id":14680,"edition_id":1,"name":"Department of Corrections and Director of Corrections","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14679,"metadata":{},"date_created":"2026-06-26 03:49:17","date_modified":"2026-06-26 03:49:17","permalink":{"id":237651,"object_type":"structure","relational_id":14680,"identifier":"3","token":"53.1\/1\/3","url":"\/53.1\/1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14679,"edition_id":1,"name":"Administration Generally","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:49:17","date_modified":"2026-06-26 03:49:17","permalink":{"id":237593,"object_type":"structure","relational_id":14679,"identifier":"1","token":"53.1\/1","url":"\/53.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83752,"structure_id":14680,"section_number":"53.1-10","catch_line":"Powers and duties of Director","url":"\/53.1-10\/","token":"53.1\/1\/3\/53.1-10","metadata":false},{"id":86414,"structure_id":14680,"section_number":"53.1-11","catch_line":"Bond of Director","url":"\/53.1-11\/","token":"53.1\/1\/3\/53.1-11","metadata":false},{"id":58639,"structure_id":14680,"section_number":"53.1-12","catch_line":"Divisions of Department; division heads","url":"\/53.1-12\/","token":"53.1\/1\/3\/53.1-12","metadata":false},{"id":75657,"structure_id":14680,"section_number":"53.1-13","catch_line":"Bonds of agents and employees","url":"\/53.1-13\/","token":"53.1\/1\/3\/53.1-13","metadata":false},{"id":67568,"structure_id":14680,"section_number":"53.1-14","catch_line":"Repealed","url":"\/53.1-14\/","token":"53.1\/1\/3\/53.1-14","metadata":false},{"id":56291,"structure_id":14680,"section_number":"53.1-15","catch_line":"Repealed","url":"\/53.1-15\/","token":"53.1\/1\/3\/53.1-15","metadata":false},{"id":80730,"structure_id":14680,"section_number":"53.1-16","catch_line":"Repealed","url":"\/53.1-16\/","token":"53.1\/1\/3\/53.1-16","metadata":false},{"id":81911,"structure_id":14680,"section_number":"53.1-17","catch_line":"Defense of Department of Corrections employees","url":"\/53.1-17\/","token":"53.1\/1\/3\/53.1-17","metadata":false},{"id":84472,"structure_id":14680,"section_number":"53.1-17.1","catch_line":"Continuous quality improvement committee; report","url":"\/53.1-17.1\/","token":"53.1\/1\/3\/53.1-17.1","metadata":false},{"id":84707,"structure_id":14680,"section_number":"53.1-8","catch_line":"Department of Corrections","url":"\/53.1-8\/","token":"53.1\/1\/3\/53.1-8","metadata":false},{"id":70362,"structure_id":14680,"section_number":"53.1-9","catch_line":"Appointment of Director; term","url":"\/53.1-9\/","token":"53.1\/1\/3\/53.1-9","metadata":false}],"next_section":{"id":86414,"structure_id":14680,"section_number":"53.1-11","catch_line":"Bond of Director","url":"\/53.1-11\/","token":"53.1\/1\/3\/53.1-11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-10\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapters 44 and 45; in 1982, chapter 636; in 1995, chapter 725<\/a>; in 1997, chapter 894<\/a>; in 2003, chapters 94<\/a>, 516<\/a>, and 854<\/a>; in 2006, chapters 431<\/a> and 500<\/a>; in 2007, chapter 392<\/a>; in 2009, chapters 39<\/a> and 621<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2013, chapters 143<\/a> and 214<\/a>; in 2014, chapter 84<\/a>; in 2015, chapters 99<\/a> and 293<\/a>; in 2016, chapter 205<\/a>; in 2019, chapter 618<\/a>; in 2020, chapters 759<\/a>, 1229<\/a>, and 1265<\/a>; in 2025, chapter 427<\/a>.<\/p>","references":[{"id":77788,"section_number":"18.2-308.016","catch_line":"Retired law-enforcement officers; carrying a concealed handgun","order_by":null,"url":"\/18.2-308.016\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":85471,"section_number":"59.1-148.3","catch_line":"Purchase of handguns or other weapons of certain officers","order_by":null,"url":"\/59.1-148.3\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"id":54405,"section_number":"9.1-400","catch_line":"Title of chapter; definitions","order_by":null,"url":"\/9.1-400\/"}],"refers_to":[{"id":81551,"section_number":"18.2-372","catch_line":"\"Obscene\" defined","order_by":null,"url":"\/18.2-372\/"},{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":83095,"section_number":"2.2-307","catch_line":"Definitions","order_by":null,"url":"\/2.2-307\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":70842,"section_number":"24.2-314","catch_line":"Population data; reallocation of prison populations","order_by":null,"url":"\/24.2-314\/"},{"id":68456,"section_number":"32.1-162.16","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.16\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":78801,"section_number":"53.1-177","catch_line":"Authority of Director; establishment of halfway houses; employment of personnel","order_by":null,"url":"\/53.1-177\/"},{"id":61447,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","order_by":null,"url":"\/53.1-32.1\/"},{"id":57856,"section_number":"53.1-67.9","catch_line":"Establishment of community corrections alternative program; supervision upon completion","order_by":null,"url":"\/53.1-67.9\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"permalink":{"id":237653,"object_type":"law","relational_id":83752,"identifier":"53.1-10","token":"53.1\/1\/3\/53.1-10","url":"\/53.1-10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-10\/","token":"53.1\/1\/3\/53.1-10","dublin_core":{"Title":"Powers and duties of Director","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Director<\/span> shall be the chief executive officer of the Department<\/span> and shall have the following duties and powers:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To supervise and manage the Department<\/span> and its system of state correctional facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To implement the standards and goals of the Board<\/span> as formulated for local and community correctional programs and facilities and lock-ups<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To employ such personnel and develop and implement such programs as may be necessary to carry out the provisions of this title, subject to Chapter 29 (§ 2.2-2900<\/a> et seq.) of Title 2.2, and within the limits of appropriations made therefor by the General Assembly; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To establish and maintain a general system of schools for persons committed to the institutions and community-based programs for adults as set forth in § 53.1-67.9<\/a>. Such system shall include, as applicable, elementary, secondary, postsecondary, career and technical education, adult, and special education schools.\n\t\t\ta. The Director<\/span> shall employ a Superintendent who will oversee the operation of educational and vocational programs in all institutions and community-based programs for adults as set forth in § 53.1-67.9<\/a> operated by the Department<\/span>. The Department<\/span> shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education.\n\t\t\tb. When the Department<\/span> employs a teacher licensed by the Board<\/span> of Education to provide instruction in the schools of the correctional centers, the Department<\/span> of Human Resource Management shall establish salary schedules<\/span> for the teachers which endeavor to be competitive with those in effect for the school division in which the correctional center is located.\n\t\t\tc. The Superintendent shall develop a functional literacy<\/span> program for inmates testing below a selected grade level, which shall be at least at the twelfth grade level. The program shall include guidelines for implementation and test administration, participation requirements, criteria for satisfactory completion, and a strategic plan for encouraging enrollment at an institution of higher education or an accredited vocational training program or other accredited continuing education program.\n\t\t\td. For the purposes of this section, the term “functional literacy<\/span>” shall mean those educational skills necessary to function independently in society, including, but not limited to, reading, writing, comprehension, and arithmetic computation.\n\t\t\te. In evaluating a prisoner’s educational needs and abilities pursuant to § 53.1-32.1<\/a>, the Superintendent shall create a system for identifying prisoners with learning disabilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> a. To make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of the Department<\/span>’s duties and the execution of its powers under this title, including, but not limited to, contracts<\/span> with the United States, other states, and agencies and governmental subdivisions of this Commonwealth, and contracts<\/span> with corporations, partnerships, or individuals which include, but are not limited to, the purchase of water or wastewater treatment services or both as necessary for the expansion or construction of correctional facilities;\n\t\t\tb. Notwithstanding the Director<\/span>’s discretion to make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of the Department<\/span>’s duties and the execution of its powers under this title, upon determining that it shall be desirable to contract<\/span> with a public or private entity for the provision of community-based residential services pursuant to Chapter 5 (§ 53.1-177<\/a> et seq.), the Director<\/span> shall notify the local governing body of the jurisdiction<\/span> in which the facility is to be located of the proposal and of the facility’s proposed location and provide notice, where requested, to the chief law<\/span>-enforcement officer for such locality when an offender is placed in the facility at issue<\/span>;\n\t\t\tc. Notwithstanding the Director<\/span>’s discretion to make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of the Department<\/span>’s duties and the execution of its powers under this title, upon determining that it is necessary to transport Virginia prisoners through or to another state and for other states to transport their prisoners within the Commonwealth, the Director<\/span> may execute reciprocal agreements with other states’ corrections agencies governing such transports that shall include provisions allowing each state to retain authority over its prisoners while in the other state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To accept, hold and enjoy gifts, donations and bequests on behalf of the Department<\/span> from the United States government and agencies and instrumentalities thereof, and any other source, subject to the approval of the Governor. To these ends, the Director<\/span> shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To collect data pertaining to the demographic characteristics of adults, and juveniles who are adjudicated as adults, incarcerated in state correctional institutions, including, but not limited to, the race or ethnicity, age, and gender of such persons, whether they are a member of a criminal gang, and the types of and extent to which health-related problems are prevalent among such persons. Beginning July 1, 1997, such data shall be collected, tabulated quarterly, and reported by the Director<\/span> to the Governor and the General Assembly at each regular session of the General Assembly thereafter. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To make application to the appropriate state and federal entities so as to provide any prisoner who is committed to the custody<\/span> of the state a Department<\/span> of Motor Vehicles approved identification card that would expire 90 days from issuance, a copy of his birth certificate if such person was born in the Commonwealth, and a social security card from the Social Security Administration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To forward to the Commonwealth’s Attorneys’ Services Council, updated on a monthly basis, a list of all identified criminal gang members incarcerated in state correctional institutions. The list shall contain identifying information for each criminal gang member, as well as his criminal record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To give notice, to the attorney for the Commonwealth prosecuting a defendant<\/span> for an offense<\/span> that occurred in a state correctional facility<\/span>, of that defendant<\/span>’s known gang membership. The notice shall contain identifying information for each criminal gang member as well as his criminal record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To designate employees of the Department<\/span> with internal investigations authority to have the same power as a sheriff or a law<\/span>-enforcement officer in the investigation of allegations<\/span> of criminal behavior affecting the operations of the Department<\/span>. Such employees shall be subject to any minimum training standards established by the Department<\/span> of Criminal Justice Services under § 9.1-102<\/a> for law<\/span>-enforcement officers prior to exercising any law<\/span>-enforcement power granted under this subdivision. Nothing in this section shall be construed to grant the Department<\/span> any authority over the operation and security of local jails not specified in any other provision of law<\/span>. The Department<\/span> shall investigate allegations<\/span> of criminal behavior in accordance with a written agreement entered into with the Department<\/span> of State Police. The Department<\/span> shall not investigate any action falling within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307<\/a> et seq.) of Title 2.2 unless specifically authorized by the Office of the State Inspector General; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To prescribe and enforce rules prohibiting the possession<\/span> of obscene materials<\/span>, as defined in Article 5 (§ 18.2-372<\/a> et seq.) of Chapter 8 of Title 18.2, by prisoners incarcerated in state correctional facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To develop and administer a survey of each correctional officer<\/span>, as defined in § 53.1-1<\/a>, who resigns, is terminated, or is transitioned to a position other than correctional officer<\/span> for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correctional officers<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000<\/a> et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16<\/a> et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16<\/a>, to be conducted or authorized by the Department<\/span>. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Director<\/span> or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> To provide, pursuant to § 24.2-314<\/a>, to the Division of Legislative Services, not later than July 1 of any year in which the decennial census is taken and in a format specified by the Division of Legislative Services, information regarding each person incarcerated in a state correctional facility<\/span> on April 1 of that year. Such information shall include, for each person incarcerated, (i) a unique identifier, other than his name or offender identification number, assigned by the Director<\/span>; (ii) his residential street address at the time of incarceration, or other legal residence, if known; (iii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iv) the street address of the correctional facility in which he was incarcerated on April 1 of that year; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> To develop and implement policies for the accommodation in state correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF DIRECTOR (\u00a7 53.1-10)\n\nThe Director shall be the chief executive officer of the Department and shall\nhave the following duties and powers:\n\n1. To supervise and manage the Department and its system of state correctional\nfacilities;\n\n2. To implement the standards and goals of the Board as formulated for local and\ncommunity correctional programs and facilities and lock-ups;\n\n3. To employ such personnel and develop and implement such programs as may be\nnecessary to carry out the provisions of this title, subject to Chapter 29\n(§ 2.2-2900 et seq.) of Title 2.2, and within the limits of appropriations\nmade therefor by the General Assembly;\n\n4. To establish and maintain a general system of schools for persons committed\nto the institutions and community-based programs for adults as set forth in\n§ 53.1-67.9. Such system shall include, as applicable, elementary,\nsecondary, postsecondary, career and technical education, adult, and special\neducation schools.\n\t\t\ta. The Director shall employ a Superintendent who will oversee the operation\nof educational and vocational programs in all institutions and community-based\nprograms for adults as set forth in § 53.1-67.9 operated by the Department.\nThe Department shall be designated as a local education agency (LEA) but shall\nnot be eligible to receive state funds appropriated for direct aid to public\neducation.\n\t\t\tb. When the Department employs a teacher licensed by the Board of Education\nto provide instruction in the schools of the correctional centers, the\nDepartment of Human Resource Management shall establish salary schedules for the\nteachers which endeavor to be competitive with those in effect for the school\ndivision in which the correctional center is located.\n\t\t\tc. The Superintendent shall develop a functional literacy program for inmates\ntesting below a selected grade level, which shall be at least at the twelfth\ngrade level. The program shall include guidelines for implementation and test\nadministration, participation requirements, criteria for satisfactory\ncompletion, and a strategic plan for encouraging enrollment at an institution of\nhigher education or an accredited vocational training program or other\naccredited continuing education program.\n\t\t\td. For the purposes of this section, the term “functional\nliteracy” shall mean those educational skills necessary to function\nindependently in society, including, but not limited to, reading, writing,\ncomprehension, and arithmetic computation.\n\t\t\te. In evaluating a prisoner’s educational needs and abilities pursuant\nto § 53.1-32.1, the Superintendent shall create a system for identifying\nprisoners with learning disabilities.\n\n5. a. To make and enter into all contracts and agreements necessary or\nincidental to the performance of the Department’s duties and the execution\nof its powers under this title, including, but not limited to, contracts with\nthe United States, other states, and agencies and governmental subdivisions of\nthis Commonwealth, and contracts with corporations, partnerships, or individuals\nwhich include, but are not limited to, the purchase of water or wastewater\ntreatment services or both as necessary for the expansion or construction of\ncorrectional facilities;\n\t\t\tb. Notwithstanding the Director’s discretion to make and enter into all\ncontracts and agreements necessary or incidental to the performance of the\nDepartment’s duties and the execution of its powers under this title, upon\ndetermining that it shall be desirable to contract with a public or private\nentity for the provision of community-based residential services pursuant to\nChapter 5 (§ 53.1-177 et seq.), the Director shall notify the local\ngoverning body of the jurisdiction in which the facility is to be located of the\nproposal and of the facility’s proposed location and provide notice, where\nrequested, to the chief law-enforcement officer for such locality when an\noffender is placed in the facility at issue;\n\t\t\tc. Notwithstanding the Director’s discretion to make and enter into all\ncontracts and agreements necessary or incidental to the performance of the\nDepartment’s duties and the execution of its powers under this title, upon\ndetermining that it is necessary to transport Virginia prisoners through or to\nanother state and for other states to transport their prisoners within the\nCommonwealth, the Director may execute reciprocal agreements with other\nstates’ corrections agencies governing such transports that shall include\nprovisions allowing each state to retain authority over its prisoners while in\nthe other state.\n\n6. To accept, hold and enjoy gifts, donations and bequests on behalf of the\nDepartment from the United States government and agencies and instrumentalities\nthereof, and any other source, subject to the approval of the Governor. To these\nends, the Director shall have the power to comply with such conditions and\nexecute such agreements as may be necessary, convenient or desirable;\n\n7. To collect data pertaining to the demographic characteristics of adults, and\njuveniles who are adjudicated as adults, incarcerated in state correctional\ninstitutions, including, but not limited to, the race or ethnicity, age, and\ngender of such persons, whether they are a member of a criminal gang, and the\ntypes of and extent to which health-related problems are prevalent among such\npersons. Beginning July 1, 1997, such data shall be collected, tabulated\nquarterly, and reported by the Director to the Governor and the General Assembly\nat each regular session of the General Assembly thereafter. The report shall be\nsubmitted as provided in the procedures of the Division of Legislative Automated\nSystems for the processing of legislative documents and reports;\n\n8. To make application to the appropriate state and federal entities so as to\nprovide any prisoner who is committed to the custody of the state a Department\nof Motor Vehicles approved identification card that would expire 90 days from\nissuance, a copy of his birth certificate if such person was born in the\nCommonwealth, and a social security card from the Social Security\nAdministration;\n\n9. To forward to the Commonwealth’s Attorneys’ Services Council,\nupdated on a monthly basis, a list of all identified criminal gang members\nincarcerated in state correctional institutions. The list shall contain\nidentifying information for each criminal gang member, as well as his criminal\nrecord;\n\n10. To give notice, to the attorney for the Commonwealth prosecuting a defendant\nfor an offense that occurred in a state correctional facility, of that\ndefendant’s known gang membership. The notice shall contain identifying\ninformation for each criminal gang member as well as his criminal record;\n\n11. To designate employees of the Department with internal investigations\nauthority to have the same power as a sheriff or a law-enforcement officer in\nthe investigation of allegations of criminal behavior affecting the operations\nof the Department. Such employees shall be subject to any minimum training\nstandards established by the Department of Criminal Justice Services under\n§ 9.1-102 for law-enforcement officers prior to exercising any\nlaw-enforcement power granted under this subdivision. Nothing in this section\nshall be construed to grant the Department any authority over the operation and\nsecurity of local jails not specified in any other provision of law. The\nDepartment shall investigate allegations of criminal behavior in accordance with\na written agreement entered into with the Department of State Police. The\nDepartment shall not investigate any action falling within the authority vested\nin the Office of the State Inspector General pursuant to Chapter 3.2 (§\n2.2-307 et seq.) of Title 2.2 unless specifically authorized by the Office of\nthe State Inspector General;\n\n12. To prescribe and enforce rules prohibiting the possession of obscene\nmaterials, as defined in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of\nTitle 18.2, by prisoners incarcerated in state correctional facilities;\n\n13. To develop and administer a survey of each correctional officer, as defined\nin § 53.1-1, who resigns, is terminated, or is transitioned to a position\nother than correctional officer for the purpose of evaluating employment\nconditions and factors that contribute to or impede the retention of\ncorrectional officers;\n\n14. To promulgate regulations pursuant to the Administrative Process Act (§\n2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§\n32.1-162.16 et seq.) of Title 32.1 for human research, as defined in §\n32.1-162.16, to be conducted or authorized by the Department. The regulations\nshall require the human research committee to submit to the Governor, the\nGeneral Assembly, and the Director or his designee at least annually a report on\nthe human research projects reviewed and approved by the committee and shall\nrequire the committee to report any significant deviations from the proposals as\napproved;\n\n15. To provide, pursuant to § 24.2-314, to the Division of Legislative\nServices, not later than July 1 of any year in which the decennial census is\ntaken and in a format specified by the Division of Legislative Services,\ninformation regarding each person incarcerated in a state correctional facility\non April 1 of that year. Such information shall include, for each person\nincarcerated, (i) a unique identifier, other than his name or offender\nidentification number, assigned by the Director; (ii) his residential street\naddress at the time of incarceration, or other legal residence, if known; (iii)\nhis race, his ethnicity as identified by him, and whether he is 18 years of age\nor older; and (iv) the street address of the correctional facility in which he\nwas incarcerated on April 1 of that year; and\n\n16. To develop and implement policies for the accommodation in state\ncorrectional facilities of inmate participation in telehealth appointments,\nwhich shall include policies on designating a private space for such telehealth\nappointments to occur.\n\nHISTORY: Code 1950, \u00a7\u00a7 53-19.8, 53-19.14; 1974, cc. 44, 45; 1982, c. 636;\n1994, 2nd Sp. Sess., c. 7; 1995, c. 725; 1997, c. 894; 2003, cc. 94, 516, 854;\n2006, cc. 431, 500; 2007, c. 392; 2009, cc. 39, 621; 2012, cc. 803, 835; 2013,\ncc. 143, 214; 2014, c. 84; 2015, cc. 99, 293; 2016, c. 205; 2019, c. 618; 2020,\ncc. 759, 1229, 1265; 2025, c. 427.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}