{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-17.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-17.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-17.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-17.7.html"}],"law_id":58021,"edition_id":1,"section_id":58021,"structure_id":15245,"section_number":"53.1-17.7","catch_line":"Authority to investigate complaints","history":"2024, cc. 392, 393.","full_text":"A\n\nThe Office may initiate and attempt to resolve an investigation upon its own initiative, or upon receipt of a complaint from an inmate, a family member or representative of an inmate, a Department employee or contractor, or others, regarding (i) abuse or neglect; (ii) conditions of confinement; (iii) decisions or administrative actions by the Department; (iv) inactions or omissions of the Department; (v) Department policies, rules, or procedures; or (vi) alleged violations of law by Department employees or contractors that may adversely affect the health, safety, welfare, or rights of inmates.B\n\nThe Office may decline to investigate any complaint. Upon declining to investigate a complaint, the Office shall notify the complainant in writing of the decision not to investigate and shall include the reasons for such decision. If the complainant is an inmate, the Office shall inform an inmate that the inmate is entitled to use the Department’s policies regarding resolution of inmate grievances and shall provide information and a complete set of forms to the inmate to complete the resolution of inmate grievances. The Department shall toll any procedural deadlines imposed on inmates for filing a grievance or complaint as part of the administrative remedy process until five business days after the inmate received the information and forms from the Office by inmate legal mail process. The Office shall decline to investigate a complaint if the inmate has failed to first use the Department’s policies regarding resolution of inmate grievances, unless the inmate provides evidence that the complaint is legitimate and the inmate made a good faith attempt to exhaust the administrative remedy process and was impeded or procedurally defaulted by no fault of his own. If the Office finds that inmates repeatedly assert their inability to utilize the administrative remedy process despite their good faith efforts, the Office may conduct an unannounced inspection of the facility in question to determine whether the facility is making the administrative process and grievance forms accessible to inmates.C\n\nThe Office shall not investigate any complaints relating to an inmate’s underlying criminal conviction. The Office may refer the complainant and others to the appropriate resources or state or federal agencies.D\n\nThe Office may not levy any fees for the submission or investigation of complaints.E\n\nAt the conclusion of an investigation, the Office shall render a decision on the merits of each complaint. The Office shall communicate the decision to the complainant and to the Department. The Office shall state its recommendations and reasoning if the Office determines that the Department, or any employee or contractor thereof, should (i) consider the matter further; (ii) modify or cancel any action; (iii) alter a rule, practice, or ruling; (iv) explain in detail the administrative action in question; or (v) rectify an omission. Upon request of the Office, the Department shall inform the Office in writing about any action taken on the recommendations or the reasons for not complying with such recommendations. Aggregated information related to complaints received and complaint resolutions shall be made publicly available pursuant to § 53.1-17.8.F\n\nIf the Office believes that there has been or continues to be a significant issue with inmate health, safety, welfare, or rehabilitation, the Office shall report the finding to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director.G\n\nIn the event that the Department conducts its own internal disciplinary investigation and review of one or more staff members as a result of the investigation of the Office, such disciplinary investigation and review may be subject to additional investigation and review by the Office to ensure a fair and objective process.H\n\nPrior to announcing a conclusion or recommendation, the Office shall consult with the Department or any person individually named in the conclusion or recommendation. The Office may request to be notified, within a specified time, by the Department of any action taken on any recommendation presented.I\n\nThe Department and any employees or contractors thereof shall not discharge, retaliate against, or in any manner discriminate against any person because such person has filed any complaint or instituted or caused to be instituted any proceeding pursuant to this article. Any alleged discharge, retaliation against, or discrimination against a complainant may be considered by the Office as an appropriate subject for investigation.","order_by":null,"text":{"0":{"id":212509,"text":"The Office may initiate and attempt to resolve an investigation upon its own initiative, or upon receipt of a complaint from an inmate, a family member or representative of an inmate, a Department employee or contractor, or others, regarding (i) abuse or neglect; (ii) conditions of confinement; (iii) decisions or administrative actions by the Department; (iv) inactions or omissions of the Department; (v) Department policies, rules, or procedures; or (vi) alleged violations of law by Department employees or contractors that may adversely affect the health, safety, welfare, or rights of inmates.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212510,"text":"The Office may decline to investigate any complaint. Upon declining to investigate a complaint, the Office shall notify the complainant in writing of the decision not to investigate and shall include the reasons for such decision. If the complainant is an inmate, the Office shall inform an inmate that the inmate is entitled to use the Department’s policies regarding resolution of inmate grievances and shall provide information and a complete set of forms to the inmate to complete the resolution of inmate grievances. The Department shall toll any procedural deadlines imposed on inmates for filing a grievance or complaint as part of the administrative remedy process until five business days after the inmate received the information and forms from the Office by inmate legal mail process. The Office shall decline to investigate a complaint if the inmate has failed to first use the Department’s policies regarding resolution of inmate grievances, unless the inmate provides evidence that the complaint is legitimate and the inmate made a good faith attempt to exhaust the administrative remedy process and was impeded or procedurally defaulted by no fault of his own. If the Office finds that inmates repeatedly assert their inability to utilize the administrative remedy process despite their good faith efforts, the Office may conduct an unannounced inspection of the facility in question to determine whether the facility is making the administrative process and grievance forms accessible to inmates.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212511,"text":"The Office shall not investigate any complaints relating to an inmate’s underlying criminal conviction. The Office may refer the complainant and others to the appropriate resources or state or federal agencies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":212512,"text":"The Office may not levy any fees for the submission or investigation of complaints.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":212513,"text":"At the conclusion of an investigation, the Office shall render a decision on the merits of each complaint. The Office shall communicate the decision to the complainant and to the Department. The Office shall state its recommendations and reasoning if the Office determines that the Department, or any employee or contractor thereof, should (i) consider the matter further; (ii) modify or cancel any action; (iii) alter a rule, practice, or ruling; (iv) explain in detail the administrative action in question; or (v) rectify an omission. Upon request of the Office, the Department shall inform the Office in writing about any action taken on the recommendations or the reasons for not complying with such recommendations. Aggregated information related to complaints received and complaint resolutions shall be made publicly available pursuant to § 53.1-17.8.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":212514,"text":"If the Office believes that there has been or continues to be a significant issue with inmate health, safety, welfare, or rehabilitation, the Office shall report the finding to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":212515,"text":"In the event that the Department conducts its own internal disciplinary investigation and review of one or more staff members as a result of the investigation of the Office, such disciplinary investigation and review may be subject to additional investigation and review by the Office to ensure a fair and objective process.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":212516,"text":"Prior to announcing a conclusion or recommendation, the Office shall consult with the Department or any person individually named in the conclusion or recommendation. The Office may request to be notified, within a specified time, by the Department of any action taken on any recommendation presented.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":212517,"text":"The Department and any employees or contractors thereof shall not discharge, retaliate against, or in any manner discriminate against any person because such person has filed any complaint or instituted or caused to be instituted any proceeding pursuant to this article. Any alleged discharge, retaliation against, or discrimination against a complainant may be considered by the Office as an appropriate subject for investigation.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15245,"edition_id":1,"name":"Office of the Department of Corrections Ombudsman","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14679,"metadata":{},"date_created":"2026-06-26 03:53:16","date_modified":"2026-06-26 03:53:16","permalink":{"id":237697,"object_type":"structure","relational_id":15245,"identifier":"4","token":"53.1\/1\/4","url":"\/53.1\/1\/4\/","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":63063,"structure_id":15245,"section_number":"53.1-17.10","catch_line":"Exhaustion of remedies","url":"\/53.1-17.10\/","token":"53.1\/1\/4\/53.1-17.10","metadata":false},{"id":81880,"structure_id":15245,"section_number":"53.1-17.2","catch_line":"Office of the Department of Corrections Ombudsman; powers and duties","url":"\/53.1-17.2\/","token":"53.1\/1\/4\/53.1-17.2","metadata":false},{"id":82653,"structure_id":15245,"section_number":"53.1-17.3","catch_line":"Corrections Oversight Committee; membership; authority","url":"\/53.1-17.3\/","token":"53.1\/1\/4\/53.1-17.3","metadata":false},{"id":79629,"structure_id":15245,"section_number":"53.1-17.4","catch_line":"Access to facilities and records","url":"\/53.1-17.4\/","token":"53.1\/1\/4\/53.1-17.4","metadata":false},{"id":85707,"structure_id":15245,"section_number":"53.1-17.5","catch_line":"Communications; confidentiality","url":"\/53.1-17.5\/","token":"53.1\/1\/4\/53.1-17.5","metadata":false},{"id":83318,"structure_id":15245,"section_number":"53.1-17.6","catch_line":"Inspection authority; inspection and assessment; report; safety and compliance classification","url":"\/53.1-17.6\/","token":"53.1\/1\/4\/53.1-17.6","metadata":false},{"id":58021,"structure_id":15245,"section_number":"53.1-17.7","catch_line":"Authority to investigate complaints","url":"\/53.1-17.7\/","token":"53.1\/1\/4\/53.1-17.7","metadata":false},{"id":79661,"structure_id":15245,"section_number":"53.1-17.8","catch_line":"Annual report","url":"\/53.1-17.8\/","token":"53.1\/1\/4\/53.1-17.8","metadata":false},{"id":70190,"structure_id":15245,"section_number":"53.1-17.9","catch_line":"Inmate and family support services","url":"\/53.1-17.9\/","token":"53.1\/1\/4\/53.1-17.9","metadata":false}],"previous_section":{"id":83318,"structure_id":15245,"section_number":"53.1-17.6","catch_line":"Inspection authority; inspection and assessment; report; safety and compliance classification","url":"\/53.1-17.6\/","token":"53.1\/1\/4\/53.1-17.6","metadata":false},"next_section":{"id":79661,"structure_id":15245,"section_number":"53.1-17.8","catch_line":"Annual report","url":"\/53.1-17.8\/","token":"53.1\/1\/4\/53.1-17.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-17.7\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapters 392<\/a> and 393<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":79629,"section_number":"53.1-17.4","catch_line":"Access to facilities and records","order_by":null,"url":"\/53.1-17.4\/"},{"id":85707,"section_number":"53.1-17.5","catch_line":"Communications; confidentiality","order_by":null,"url":"\/53.1-17.5\/"},{"id":79661,"section_number":"53.1-17.8","catch_line":"Annual report","order_by":null,"url":"\/53.1-17.8\/"},{"id":70190,"section_number":"53.1-17.9","catch_line":"Inmate and family support services","order_by":null,"url":"\/53.1-17.9\/"}],"refers_to":false,"permalink":{"id":237723,"object_type":"law","relational_id":58021,"identifier":"53.1-17.7","token":"53.1\/1\/4\/53.1-17.7","url":"\/53.1-17.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-17.7\/","token":"53.1\/1\/4\/53.1-17.7","dublin_core":{"Title":"Authority to investigate complaints","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-17.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Office may initiate and attempt to resolve an investigation upon its own initiative, or upon receipt of a complaint from an inmate, a family member or representative of an inmate, a Department<\/span> employee or contractor, or others, regarding (i) abuse or neglect; (ii) conditions of confinement; (iii) decisions or administrative actions by the Department<\/span>; (iv) inactions or omissions of the Department<\/span>; (v) Department<\/span> policies, rules, or procedures; or (vi) alleged violations of law<\/span> by Department<\/span> employees or contractors that may adversely affect the health, safety, welfare, or rights of inmates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Office may decline to investigate any complaint. Upon declining to investigate a complaint, the Office shall notify the complainant in writing of the decision not to investigate and shall include the reasons for such decision. If the complainant is an inmate, the Office shall inform an inmate that the inmate is entitled to use the Department<\/span>’s policies regarding resolution of inmate grievances and shall provide information and a complete set of forms to the inmate to complete the resolution of inmate grievances. The Department<\/span> shall toll any procedural deadlines imposed on inmates for filing a grievance or complaint as part of the administrative remedy process until five business days after the inmate received the information and forms from the Office by inmate legal mail process. The Office shall decline to investigate a complaint if the inmate has failed to first use the Department<\/span>’s policies regarding resolution of inmate grievances, unless the inmate provides evidence<\/span> that the complaint is legitimate and the inmate made a good faith attempt to exhaust the administrative remedy process and was impeded or procedurally defaulted by no fault of his own. If the Office finds that inmates repeatedly assert their inability to utilize the administrative remedy process despite their good faith efforts, the Office may conduct an unannounced inspection of the facility in question to determine whether the facility is making the administrative process and grievance forms accessible to inmates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Office shall not investigate any complaints relating to an inmate’s underlying criminal conviction<\/span>. The Office may refer the complainant and others to the appropriate resources or state or federal agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Office may not levy<\/span> any fees for the submission or investigation of complaints. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the conclusion of an investigation, the Office shall render a decision on the merits of each complaint. The Office shall communicate the decision to the complainant and to the Department<\/span>. The Office shall state its recommendations and reasoning if the Office determines that the Department<\/span>, or any employee or contractor thereof, should (i) consider the matter further; (ii) modify or cancel any action; (iii) alter a rule, practice, or ruling; (iv) explain in detail the administrative action in question; or (v) rectify an omission. Upon request of the Office, the Department<\/span> shall inform the Office in writing about any action taken on the recommendations or the reasons for not complying with such recommendations. Aggregated information related to complaints received and complaint resolutions shall be made publicly available pursuant to § 53.1-17.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the Office believes that there has been or continues to be a significant issue<\/span> with inmate health, safety, welfare, or rehabilitation, the Office shall report the finding<\/span> to the Governor, the Attorney General<\/span>, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In the event that the Department<\/span> conducts its own internal disciplinary investigation and review of one or more staff members as a result of the investigation of the Office, such disciplinary investigation and review may be subject to additional investigation and review by the Office to ensure a fair and objective process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Prior to announcing a conclusion or recommendation, the Office shall consult with the Department<\/span> or any person individually named in the conclusion or recommendation. The Office may request to be notified, within a specified time, by the Department<\/span> of any action taken on any recommendation presented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Department<\/span> and any employees or contractors thereof shall not discharge, retaliate against, or in any manner discriminate against any person because such person has filed any complaint or instituted or caused to be instituted any proceeding pursuant to this article. Any alleged discharge, retaliation against, or discrimination against a complainant may be considered by the Office as an appropriate subject for investigation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO INVESTIGATE COMPLAINTS (\u00a7 53.1-17.7)\n\nA. The Office may initiate and attempt to resolve an investigation upon its own\ninitiative, or upon receipt of a complaint from an inmate, a family member or\nrepresentative of an inmate, a Department employee or contractor, or others,\nregarding (i) abuse or neglect; (ii) conditions of confinement; (iii) decisions\nor administrative actions by the Department; (iv) inactions or omissions of the\nDepartment; (v) Department policies, rules, or procedures; or (vi) alleged\nviolations of law by Department employees or contractors that may adversely\naffect the health, safety, welfare, or rights of inmates.\n\nB. The Office may decline to investigate any complaint. Upon declining to\ninvestigate a complaint, the Office shall notify the complainant in writing of\nthe decision not to investigate and shall include the reasons for such decision.\nIf the complainant is an inmate, the Office shall inform an inmate that the\ninmate is entitled to use the Department’s policies regarding resolution\nof inmate grievances and shall provide information and a complete set of forms\nto the inmate to complete the resolution of inmate grievances. The Department\nshall toll any procedural deadlines imposed on inmates for filing a grievance or\ncomplaint as part of the administrative remedy process until five business days\nafter the inmate received the information and forms from the Office by inmate\nlegal mail process. The Office shall decline to investigate a complaint if the\ninmate has failed to first use the Department’s policies regarding\nresolution of inmate grievances, unless the inmate provides evidence that the\ncomplaint is legitimate and the inmate made a good faith attempt to exhaust the\nadministrative remedy process and was impeded or procedurally defaulted by no\nfault of his own. If the Office finds that inmates repeatedly assert their\ninability to utilize the administrative remedy process despite their good faith\nefforts, the Office may conduct an unannounced inspection of the facility in\nquestion to determine whether the facility is making the administrative process\nand grievance forms accessible to inmates.\n\nC. The Office shall not investigate any complaints relating to an inmate’s\nunderlying criminal conviction. The Office may refer the complainant and others\nto the appropriate resources or state or federal agencies.\n\nD. The Office may not levy any fees for the submission or investigation of\ncomplaints.\n\nE. At the conclusion of an investigation, the Office shall render a decision on\nthe merits of each complaint. The Office shall communicate the decision to the\ncomplainant and to the Department. The Office shall state its recommendations\nand reasoning if the Office determines that the Department, or any employee or\ncontractor thereof, should (i) consider the matter further; (ii) modify or\ncancel any action; (iii) alter a rule, practice, or ruling; (iv) explain in\ndetail the administrative action in question; or (v) rectify an omission. Upon\nrequest of the Office, the Department shall inform the Office in writing about\nany action taken on the recommendations or the reasons for not complying with\nsuch recommendations. Aggregated information related to complaints received and\ncomplaint resolutions shall be made publicly available pursuant to §\n53.1-17.8.\n\nF. If the Office believes that there has been or continues to be a significant\nissue with inmate health, safety, welfare, or rehabilitation, the Office shall\nreport the finding to the Governor, the Attorney General, the Senate Committee\non Rehabilitation and Social Services, the House Committee on Public Safety, the\nCommittee, and the Director.\n\nG. In the event that the Department conducts its own internal disciplinary\ninvestigation and review of one or more staff members as a result of the\ninvestigation of the Office, such disciplinary investigation and review may be\nsubject to additional investigation and review by the Office to ensure a fair\nand objective process.\n\nH. Prior to announcing a conclusion or recommendation, the Office shall consult\nwith the Department or any person individually named in the conclusion or\nrecommendation. The Office may request to be notified, within a specified time,\nby the Department of any action taken on any recommendation presented.\n\nI. The Department and any employees or contractors thereof shall not discharge,\nretaliate against, or in any manner discriminate against any person because such\nperson has filed any complaint or instituted or caused to be instituted any\nproceeding pursuant to this article. Any alleged discharge, retaliation against,\nor discrimination against a complainant may be considered by the Office as an\nappropriate subject for investigation.\n\nHISTORY: 2024, cc. 392, 393.","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}}