{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-21.html"}],"law_id":57061,"edition_id":1,"section_id":57061,"structure_id":12719,"section_number":"53.1-21","catch_line":"Transfer of prisoners into and between state and local correctional facilities","history":"Code 1950, \u00a7\u00a7 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code 1950, \u00a7 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c. 648; 1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44, 45; 1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945, 987; 2021, Sp. Sess. I, c. 463.","full_text":"A\n\nAny person who (i) is accused or convicted of an offense (a) in violation of any county, city, or town ordinance within the Commonwealth, (b) against the laws of the Commonwealth, or (c) against the laws of any other state or country or (ii) is a witness held in any case in which the Commonwealth is a party and who is confined in a state or local correctional facility may be transferred by the Director, subject to the provisions of &#xA7; 53.1-20, to any other state or local correctional facility which he may designate.B\n\nThe following limitations shall apply to the transfer of persons into the custody of the Department:1\n\nNo person convicted of violating &#xA7; 20-61 shall be committed or transferred to the custody of the Department.2\n\nNo person who is convicted of a misdemeanor or a felony and receives a jail sentence of 12 months or less shall be committed or transferred to the custody of the Department without the consent of the Director.3\n\nBeginning July 1, 1991, and subject to the provisions of &#xA7; 53.1-20, no person, whether convicted of a felony or misdemeanor, shall be transferred to the custody of the Department when the combined length of all sentences to be served totals two years or less, without the consent of the Director.","order_by":null,"text":{"0":{"id":208999,"text":"Any person who (i) is accused or convicted of an offense (a) in violation of any county, city, or town ordinance within the Commonwealth, (b) against the laws of the Commonwealth, or (c) against the laws of any other state or country or (ii) is a witness held in any case in which the Commonwealth is a party and who is confined in a state or local correctional facility may be transferred by the Director, subject to the provisions of &#xA7; 53.1-20, to any other state or local correctional facility which he may designate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209000,"text":"The following limitations shall apply to the transfer of persons into the custody of the Department:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":209001,"text":"No person convicted of violating &#xA7; 20-61 shall be committed or transferred to the custody of the Department.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":209002,"text":"No person who is convicted of a misdemeanor or a felony and receives a jail sentence of 12 months or less shall be committed or transferred to the custody of the Department without the consent of the Director.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":209003,"text":"Beginning July 1, 1991, and subject to the provisions of &#xA7; 53.1-20, no person, whether convicted of a felony or misdemeanor, shall be transferred to the custody of the Department when the combined length of all sentences to be served totals two years or less, without the consent of the Director.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2"}},"ancestry":[{"id":12719,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237863,"object_type":"structure","relational_id":12719,"identifier":"1","token":"53.1\/2\/1","url":"\/53.1\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","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":53940,"structure_id":12719,"section_number":"53.1-18","catch_line":"Department to have custody of property; right to sue to protect property","url":"\/53.1-18\/","token":"53.1\/2\/1\/53.1-18","metadata":false},{"id":85630,"structure_id":12719,"section_number":"53.1-19","catch_line":"Establishment of correctional institutions","url":"\/53.1-19\/","token":"53.1\/2\/1\/53.1-19","metadata":false},{"id":63511,"structure_id":12719,"section_number":"53.1-20","catch_line":"Commitment of convicted persons to custody of Director","url":"\/53.1-20\/","token":"53.1\/2\/1\/53.1-20","metadata":false},{"id":79007,"structure_id":12719,"section_number":"53.1-20.1","catch_line":"Compensation of local jails for cost of incarceration","url":"\/53.1-20.1\/","token":"53.1\/2\/1\/53.1-20.1","metadata":false},{"id":57061,"structure_id":12719,"section_number":"53.1-21","catch_line":"Transfer of prisoners into and between state and local correctional facilities","url":"\/53.1-21\/","token":"53.1\/2\/1\/53.1-21","metadata":false},{"id":86190,"structure_id":12719,"section_number":"53.1-22","catch_line":"Misdemeanant suspected of having contagious disease","url":"\/53.1-22\/","token":"53.1\/2\/1\/53.1-22","metadata":false},{"id":64179,"structure_id":12719,"section_number":"53.1-23","catch_line":"Fingerprints, photographs and description","url":"\/53.1-23\/","token":"53.1\/2\/1\/53.1-23","metadata":false},{"id":56594,"structure_id":12719,"section_number":"53.1-23.1","catch_line":"Repealed","url":"\/53.1-23.1\/","token":"53.1\/2\/1\/53.1-23.1","metadata":false},{"id":80095,"structure_id":12719,"section_number":"53.1-23.2","catch_line":"Department to give notice of the receipt of certain prisoners","url":"\/53.1-23.2\/","token":"53.1\/2\/1\/53.1-23.2","metadata":false},{"id":54546,"structure_id":12719,"section_number":"53.1-24","catch_line":"Record of convictions and register to be kept","url":"\/53.1-24\/","token":"53.1\/2\/1\/53.1-24","metadata":false},{"id":66834,"structure_id":12719,"section_number":"53.1-25","catch_line":"Director to prescribe rules; rules to be available to prisoners","url":"\/53.1-25\/","token":"53.1\/2\/1\/53.1-25","metadata":false},{"id":56296,"structure_id":12719,"section_number":"53.1-25.1","catch_line":"Rules of state correctional facilities","url":"\/53.1-25.1\/","token":"53.1\/2\/1\/53.1-25.1","metadata":false},{"id":83061,"structure_id":12719,"section_number":"53.1-26","catch_line":"Confiscation of prohibited articles","url":"\/53.1-26\/","token":"53.1\/2\/1\/53.1-26","metadata":false},{"id":54317,"structure_id":12719,"section_number":"53.1-27","catch_line":"Establishment of stores in state correctional facilities","url":"\/53.1-27\/","token":"53.1\/2\/1\/53.1-27","metadata":false},{"id":83094,"structure_id":12719,"section_number":"53.1-28","catch_line":"Authority to fix discharge date; improper release; warrant, arrest and hearing","url":"\/53.1-28\/","token":"53.1\/2\/1\/53.1-28","metadata":false},{"id":70840,"structure_id":12719,"section_number":"53.1-29","catch_line":"Authority for correctional officers and other employees to carry weapons","url":"\/53.1-29\/","token":"53.1\/2\/1\/53.1-29","metadata":false},{"id":81741,"structure_id":12719,"section_number":"53.1-30","catch_line":"Who may enter interior of state correctional facilities; searches of those entering","url":"\/53.1-30\/","token":"53.1\/2\/1\/53.1-30","metadata":false},{"id":77086,"structure_id":12719,"section_number":"53.1-31","catch_line":"Sale or lease of gas, oil, or minerals","url":"\/53.1-31\/","token":"53.1\/2\/1\/53.1-31","metadata":false},{"id":63215,"structure_id":12719,"section_number":"53.1-31.1","catch_line":"Transportation of prisoners","url":"\/53.1-31.1\/","token":"53.1\/2\/1\/53.1-31.1","metadata":false},{"id":58019,"structure_id":12719,"section_number":"53.1-31.2","catch_line":"Notification of child support due by a prisoner","url":"\/53.1-31.2\/","token":"53.1\/2\/1\/53.1-31.2","metadata":false},{"id":69710,"structure_id":12719,"section_number":"53.1-31.3","catch_line":"Notification of incarcerated individuals ineligible for public assistance","url":"\/53.1-31.3\/","token":"53.1\/2\/1\/53.1-31.3","metadata":false},{"id":57907,"structure_id":12719,"section_number":"53.1-31.4","catch_line":"(Effective July 1, 2026) Government-issued identification; Department of Corrections-issued identification","url":"\/53.1-31.4\/","token":"53.1\/2\/1\/53.1-31.4","metadata":false}],"previous_section":{"id":79007,"structure_id":12719,"section_number":"53.1-20.1","catch_line":"Compensation of local jails for cost of incarceration","url":"\/53.1-20.1\/","token":"53.1\/2\/1\/53.1-20.1","metadata":false},"next_section":{"id":86190,"structure_id":12719,"section_number":"53.1-22","catch_line":"Misdemeanant suspected of having contagious disease","url":"\/53.1-22\/","token":"53.1\/2\/1\/53.1-22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-21\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1952, chapter 557; in 1960, chapter 432; in 1962, chapter 326; in 1968, chapter 357; in 1970, chapter 648; in 1972, chapter 573; in 1973, chapters 330 and 342; in 1974, chapters 44 and 45; in 1976, chapters 287 and 462; in 1982, chapter 636; in 1990, chapters 676 and 768; in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0945\">945<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0987\">987<\/a>.<\/p>","references":false,"refers_to":[{"id":68962,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","order_by":null,"url":"\/20-61\/"},{"id":63511,"section_number":"53.1-20","catch_line":"Commitment of convicted persons to custody of Director","order_by":null,"url":"\/53.1-20\/"}],"permalink":{"id":237881,"object_type":"law","relational_id":57061,"identifier":"53.1-21","token":"53.1\/2\/1\/53.1-21","url":"\/53.1-21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-21\/","token":"53.1\/2\/1\/53.1-21","dublin_core":{"Title":"Transfer of prisoners into and between state and local correctional facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any person who (i) is <span class=\"dictionary\">accused<\/span> or convicted of an <span class=\"dictionary\">offense<\/span> (a) in violation of any county, city, or town <span class=\"dictionary\">ordinance<\/span> within the Commonwealth, (b) against the <span class=\"dictionary\">laws<\/span> of the Commonwealth, or (c) against the <span class=\"dictionary\">laws<\/span> of any other state or country or (ii) is a <span class=\"dictionary\">witness<\/span> held in any case in which the Commonwealth is a <span class=\"dictionary\">party<\/span> and who is confined in a state or <span class=\"dictionary\">local correctional facility<\/span> may be transferred by the <span class=\"dictionary\">Director<\/span>, subject to the provisions of &#xA7; <a class=\"law\" title=\"Commitment of convicted persons to custody of Director\" href=\"\/53.1-20\/\">53.1-20<\/a>, to any other state or <span class=\"dictionary\">local correctional facility<\/span> which he may designate. <a id=\"paragraph-208999\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-21\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The following limitations shall apply to the transfer of persons into the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Department<\/span>: <a id=\"paragraph-209000\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-21\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> No person convicted of violating &#xA7; <a class=\"law\" title=\"Desertion or nonsupport of wife, husband or children in necessitous circumstances\" href=\"\/20-61\/\">20-61<\/a> shall be committed or transferred to the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Department<\/span>. <a id=\"paragraph-209001\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-21\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> No person who is convicted of a <span class=\"dictionary\">misdemeanor<\/span> or a <span class=\"dictionary\">felony<\/span> and receives a jail sentence of 12 months or less shall be committed or transferred to the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Department<\/span> without the consent of the <span class=\"dictionary\">Director<\/span>. <a id=\"paragraph-209002\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-21\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Beginning July 1, 1991, and subject to the provisions of &#xA7; <a class=\"law\" title=\"Commitment of convicted persons to custody of Director\" href=\"\/53.1-20\/\">53.1-20<\/a>, no person, whether convicted of a <span class=\"dictionary\">felony<\/span> or <span class=\"dictionary\">misdemeanor<\/span>, shall be transferred to the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Department<\/span> when the combined length of all sentences to be served totals two years or less, without the consent of the <span class=\"dictionary\">Director<\/span>. <a id=\"paragraph-209003\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-21\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTRANSFER OF PRISONERS INTO AND BETWEEN STATE AND LOCAL CORRECTIONAL FACILITIES\n(\u00a7 53.1-21)\n\nA. Any person who (i) is accused or convicted of an offense (a) in violation of\nany county, city, or town ordinance within the Commonwealth, (b) against the\nlaws of the Commonwealth, or (c) against the laws of any other state or country\nor (ii) is a witness held in any case in which the Commonwealth is a party and\nwho is confined in a state or local correctional facility may be transferred by\nthe Director, subject to the provisions of &#xA7; 53.1-20, to any other state or\nlocal correctional facility which he may designate.\n\nB. The following limitations shall apply to the transfer of persons into the\ncustody of the Department:\n\n   1. No person convicted of violating &#xA7; 20-61 shall be committed or\n   transferred to the custody of the Department.\n\n   2. No person who is convicted of a misdemeanor or a felony and receives a jail\n   sentence of 12 months or less shall be committed or transferred to the custody\n   of the Department without the consent of the Director.\n\n   3. Beginning July 1, 1991, and subject to the provisions of &#xA7; 53.1-20, no\n   person, whether convicted of a felony or misdemeanor, shall be transferred to\n   the custody of the Department when the combined length of all sentences to be\n   served totals two years or less, without the consent of the Director.\n\nHISTORY: Code 1950, \u00a7\u00a7 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code\n1950, \u00a7 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c.\n648; 1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44,\n45; 1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945, 987;\n2021, Sp. Sess. I, c. 463.","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}}