{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-32.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-32.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-32.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-32.1.html"}],"law_id":61447,"edition_id":1,"section_id":61447,"structure_id":13575,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","history":"1993, c. 768; 1994, 2nd Sp. Sess., cc. 1, 2; 2001, c. 483; 2012, cc. 803, 835; 2020, c. 759.","full_text":"A\n\nThe Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including career and technical education, work activities and employment, academic activities which at a minimum meet the requirements of § 66-13.1, counseling, alcohol and substance abuse treatment, and such related activities as may be necessary to assist prisoners in the successful transition to free society and gainful employment.B\n\nThe Director shall, subject to the availability of resources and sufficient program assignments, place prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner’s needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director may suspend programs in the event of an institutional emergency.C\n\nFor the purposes of implementing the requirements of subsection B, prisoners shall be required to participate in such programs according to the following schedule:1\n\nFrom July 1, 1994, through June 30, 1995, an average of 24 hours per week.2\n\nFrom July 1, 1995, through June 30, 1996, an average of 28 hours per week.3\n\nFrom July 1, 1996, through June 30, 1997, an average of 30 hours per week.4\n\nFrom July 1, 1997, through June 30, 1998, an average of 36 hours per week.5\n\nFrom July 1, 1998, and thereafter, an average of 40 hours per week.D\n\nNotwithstanding any other provision of law, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25 and the Director shall prescribe appropriate disciplinary action.E\n\nThe Director shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director may, consistent with § 53.1-43, establish a system of pay incentives for such assignments based upon difficulty and level of effort required.F\n\nInmates employed pursuant to Article 2 (§ 53.1-32 et seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, Chapter 6 (§ 60.2-600 et seq.) of Title 60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees.","order_by":null,"text":{"0":{"id":224460,"text":"The Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including career and technical education, work activities and employment, academic activities which at a minimum meet the requirements of § 66-13.1, counseling, alcohol and substance abuse treatment, and such related activities as may be necessary to assist prisoners in the successful transition to free society and gainful employment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224461,"text":"The Director shall, subject to the availability of resources and sufficient program assignments, place prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner’s needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director may suspend programs in the event of an institutional emergency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224462,"text":"For the purposes of implementing the requirements of subsection B, prisoners shall be required to participate in such programs according to the following schedule:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":224463,"text":"From July 1, 1994, through June 30, 1995, an average of 24 hours per week.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":224464,"text":"From July 1, 1995, through June 30, 1996, an average of 28 hours per week.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":224465,"text":"From July 1, 1996, through June 30, 1997, an average of 30 hours per week.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":224466,"text":"From July 1, 1997, through June 30, 1998, an average of 36 hours per week.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":224467,"text":"From July 1, 1998, and thereafter, an average of 40 hours per week.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"8":{"id":224468,"text":"Notwithstanding any other provision of law, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25 and the Director shall prescribe appropriate disciplinary action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"9":{"id":224469,"text":"The Director shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director may, consistent with § 53.1-43, establish a system of pay incentives for such assignments based upon difficulty and level of effort required.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":224470,"text":"Inmates employed pursuant to Article 2 (§ 53.1-32 et seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, Chapter 6 (§ 60.2-600 et seq.) of Title 60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13575,"edition_id":1,"name":"Treatment and Privileges of Prisoners","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:45:17","date_modified":"2026-06-26 03:45:17","permalink":{"id":237953,"object_type":"structure","relational_id":13575,"identifier":"2","token":"53.1\/2\/2","url":"\/53.1\/2\/2\/","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":74229,"structure_id":13575,"section_number":"53.1-32","catch_line":"Treatment and control of prisoners; recreation; religious services","url":"\/53.1-32\/","token":"53.1\/2\/2\/53.1-32","metadata":false},{"id":82202,"structure_id":13575,"section_number":"53.1-32.01","catch_line":"Payment for bodily injury","url":"\/53.1-32.01\/","token":"53.1\/2\/2\/53.1-32.01","metadata":false},{"id":61447,"structure_id":13575,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","url":"\/53.1-32.1\/","token":"53.1\/2\/2\/53.1-32.1","metadata":false},{"id":54537,"structure_id":13575,"section_number":"53.1-32.2","catch_line":"Reentry planning","url":"\/53.1-32.2\/","token":"53.1\/2\/2\/53.1-32.2","metadata":false},{"id":86821,"structure_id":13575,"section_number":"53.1-33","catch_line":"Physical examination of prisoner; ability to work","url":"\/53.1-33\/","token":"53.1\/2\/2\/53.1-33","metadata":false},{"id":57204,"structure_id":13575,"section_number":"53.1-33.1","catch_line":"Mandatory testing for human immunodeficiency virus","url":"\/53.1-33.1\/","token":"53.1\/2\/2\/53.1-33.1","metadata":false},{"id":78467,"structure_id":13575,"section_number":"53.1-34","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-34\/","token":"53.1\/2\/2\/53.1-34","metadata":false},{"id":85311,"structure_id":13575,"section_number":"53.1-35","catch_line":"Correspondence privileges; receipt of publications","url":"\/53.1-35\/","token":"53.1\/2\/2\/53.1-35","metadata":false},{"id":63935,"structure_id":13575,"section_number":"53.1-35.1","catch_line":"Electronic visitation and messaging with inmates","url":"\/53.1-35.1\/","token":"53.1\/2\/2\/53.1-35.1","metadata":false},{"id":79492,"structure_id":13575,"section_number":"53.1-35.2","catch_line":"Visitation of certain prisoners by minor dependents","url":"\/53.1-35.2\/","token":"53.1\/2\/2\/53.1-35.2","metadata":false},{"id":60917,"structure_id":13575,"section_number":"53.1-36","catch_line":"Prisoners may assist in medical research programs","url":"\/53.1-36\/","token":"53.1\/2\/2\/53.1-36","metadata":false},{"id":69536,"structure_id":13575,"section_number":"53.1-37","catch_line":"Furloughs generally; travel expenses; penalties for violations","url":"\/53.1-37\/","token":"53.1\/2\/2\/53.1-37","metadata":false},{"id":56173,"structure_id":13575,"section_number":"53.1-38","catch_line":"When ineligible for furloughs","url":"\/53.1-38\/","token":"53.1\/2\/2\/53.1-38","metadata":false},{"id":56191,"structure_id":13575,"section_number":"53.1-39","catch_line":"Certain punishment of prisoners prohibited","url":"\/53.1-39\/","token":"53.1\/2\/2\/53.1-39","metadata":false},{"id":64457,"structure_id":13575,"section_number":"53.1-39.1","catch_line":"Restrictive housing; data collection and reporting; report","url":"\/53.1-39.1\/","token":"53.1\/2\/2\/53.1-39.1","metadata":false},{"id":60777,"structure_id":13575,"section_number":"53.1-39.2","catch_line":"Restorative housing; restrictions on use","url":"\/53.1-39.2\/","token":"53.1\/2\/2\/53.1-39.2","metadata":false},{"id":63340,"structure_id":13575,"section_number":"53.1-39.3","catch_line":"Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception","url":"\/53.1-39.3\/","token":"53.1\/2\/2\/53.1-39.3","metadata":false},{"id":66970,"structure_id":13575,"section_number":"53.1-40","catch_line":"Appointment of counsel for indigent prisoners","url":"\/53.1-40\/","token":"53.1\/2\/2\/53.1-40","metadata":false},{"id":72579,"structure_id":13575,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","url":"\/53.1-40.01\/","token":"53.1\/2\/2\/53.1-40.01","metadata":false},{"id":58640,"structure_id":13575,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","url":"\/53.1-40.02\/","token":"53.1\/2\/2\/53.1-40.02","metadata":false}],"previous_section":{"id":82202,"structure_id":13575,"section_number":"53.1-32.01","catch_line":"Payment for bodily injury","url":"\/53.1-32.01\/","token":"53.1\/2\/2\/53.1-32.01","metadata":false},"next_section":{"id":54537,"structure_id":13575,"section_number":"53.1-32.2","catch_line":"Reentry planning","url":"\/53.1-32.2\/","token":"53.1\/2\/2\/53.1-32.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-32.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 768 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. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2001, chapter 483<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2020, chapter 759<\/a>.<\/p>","references":[{"id":83752,"section_number":"53.1-10","catch_line":"Powers and duties of Director","order_by":null,"url":"\/53.1-10\/"},{"id":72744,"section_number":"53.1-200","catch_line":"Conditions for good conduct allowance","order_by":null,"url":"\/53.1-200\/"},{"id":56687,"section_number":"53.1-202.2","catch_line":"Eligibility for earned sentence credits","order_by":null,"url":"\/53.1-202.2\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"}],"refers_to":[{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":61861,"section_number":"53.1-186","catch_line":"Term commences from date of final judgment; exceptions","order_by":null,"url":"\/53.1-186\/"},{"id":66834,"section_number":"53.1-25","catch_line":"Director to prescribe rules; rules to be available to prisoners","order_by":null,"url":"\/53.1-25\/"},{"id":74229,"section_number":"53.1-32","catch_line":"Treatment and control of prisoners; recreation; religious services","order_by":null,"url":"\/53.1-32\/"},{"id":56500,"section_number":"53.1-43","catch_line":"Pay incentives for prisoners","order_by":null,"url":"\/53.1-43\/"},{"id":57182,"section_number":"60.2-600","catch_line":"No assignment of benefits; exemptions","order_by":null,"url":"\/60.2-600\/"},{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":55961,"section_number":"66-13.1","catch_line":"Division of Education; employment of Superintendent; powers and duties","order_by":null,"url":"\/66-13.1\/"}],"permalink":{"id":237963,"object_type":"law","relational_id":61447,"identifier":"53.1-32.1","token":"53.1\/2\/2\/53.1-32.1","url":"\/53.1-32.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-32.1\/","token":"53.1\/2\/2\/53.1-32.1","dublin_core":{"Title":"Classification system; program assignments; mandatory participation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-32.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including career and technical education, work activities and employment, academic activities which at a minimum meet the requirements of § 66-13.1<\/a>, counseling, alcohol and substance abuse treatment<\/span>, and such related activities as may be necessary to assist prisoners in the successful transition to free society and gainful employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> shall, subject to the availability of resources and sufficient program assignments, place prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner’s needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director<\/span> may suspend programs in the event of an institutional emergency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of implementing the requirements of subsection B, prisoners shall be required to participate in such programs according to the following schedule: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> From July 1, 1994, through June 30, 1995, an average of 24 hours per week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> From July 1, 1995, through June 30, 1996, an average of 28 hours per week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> From July 1, 1996, through June 30, 1997, an average of 30 hours per week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> From July 1, 1997, through June 30, 1998, an average of 36 hours per week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> From July 1, 1998, and thereafter, an average of 40 hours per week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law<\/span>, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186<\/a> et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25<\/a> and the Director<\/span> shall prescribe appropriate disciplinary action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Director<\/span> shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director<\/span> may, consistent with § 53.1-43<\/a>, establish a system of pay incentives for such assignments based upon difficulty and level of effort required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Inmates employed pursuant to Article 2 (§ 53.1-32<\/a> et seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 29 (§ 2.2-2900<\/a> et seq.) of Title 2.2, Chapter 6 (§ 60.2-600<\/a> et seq.) of Title 60.2, Chapter 5 (§ 65.2-500<\/a> et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCLASSIFICATION SYSTEM; PROGRAM ASSIGNMENTS; MANDATORY PARTICIPATION (\u00a7\n53.1-32.1)\n\nA. The Director shall maintain a system of classification which (i) evaluates\nall prisoners according to background, aptitude, education, and risk and (ii)\nbased on an assessment of needs, determines appropriate program assignments\nincluding career and technical education, work activities and employment,\nacademic activities which at a minimum meet the requirements of § 66-13.1,\ncounseling, alcohol and substance abuse treatment, and such related activities\nas may be necessary to assist prisoners in the successful transition to free\nsociety and gainful employment.\n\nB. The Director shall, subject to the availability of resources and sufficient\nprogram assignments, place prisoners in appropriate full-time program\nassignments or a combination thereof to satisfy the objectives of a treatment\nplan based on an assessment and evaluation of each prisoner’s needs.\nCompliance with specified program requirements and attainment of specific\ntreatment goals shall be required as a condition of placement and continuation\nin such program assignments. The Director may suspend programs in the event of\nan institutional emergency.\n\nC. For the purposes of implementing the requirements of subsection B, prisoners\nshall be required to participate in such programs according to the following\nschedule:\n\n 1. From July 1, 1994, through June 30, 1995, an average of 24 hours per week.\n\n 2. From July 1, 1995, through June 30, 1996, an average of 28 hours per week.\n\n 3. From July 1, 1996, through June 30, 1997, an average of 30 hours per week.\n\n 4. From July 1, 1997, through June 30, 1998, an average of 36 hours per week.\n\n 5. From July 1, 1998, and thereafter, an average of 40 hours per week.\n\nD. Notwithstanding any other provision of law, prisoners refusing to accept a\nprogram assignment shall not be eligible for good conduct allowances or earned\nsentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of\nTitle 53.1. Such refusal shall also constitute a violation of the rules\nauthorized pursuant to § 53.1-25 and the Director shall prescribe\nappropriate disciplinary action.\n\nE. The Director shall maintain a master program listing, by facility and program\nlocation, of all available permanent and temporary positions. The Director may,\nconsistent with § 53.1-43, establish a system of pay incentives for such\nassignments based upon difficulty and level of effort required.\n\nF. Inmates employed pursuant to Article 2 (§ 53.1-32 et seq.) of Chapter 2\nof this title shall not be deemed employees of the Commonwealth of Virginia or\nits agencies and shall be ineligible for benefits under Chapter 29 (§\n2.2-2900 et seq.) of Title 2.2, Chapter 6 (§ 60.2-600 et seq.) of Title\n60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions\nof the Code pertaining to the rights of state employees.\n\nHISTORY: 1993, c. 768; 1994, 2nd Sp. Sess., cc. 1, 2; 2001, c. 483; 2012, cc.\n803, 835; 2020, c. 759.","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}}