{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-5.html"}],"law_id":78609,"edition_id":1,"section_id":78609,"structure_id":15412,"section_number":"53.1-5","catch_line":"Powers and duties of Board","history":"Code 1950, \u00a7\u00a7 53-19.33, 53-19.34, 53-19.39; 1974, cc. 44, 45; 1976, c. 249; 1982, c. 636; 1984, c. 720; 2011, c. 375; 2012, cc. 803, 835; 2015, c. 293; 2017, c. 759; 2019, cc. 695, 696; 2020, c. 759; 2024, c. 136; 2025, cc. 350, 427.","full_text":"The Board shall have the following powers and duties:\n\n1\n\nTo develop and establish operational and fiscal standards governing the operation of local, regional, and community correctional facilities;2\n\nTo advise the Governor and Director on matters relating to corrections;3\n\nTo make, adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth pertaining to local, regional, and community correctional facilities. The Board, when promulgating regulations and adopting any policy or guidance document related to the enforcement of any minimum standards applicable to local, regional, and community correctional facilities, shall expressly and specifically include such items in its published agenda for meetings of the Board or any of its subcommittees. No standard, policy, or guidance document may be promulgated, amended, or rescinded in entirety or in part without compliance with this article;4\n\nTo ensure the development of programs to educate citizens and elicit public support for the activities of the Department;5\n\nTo develop and implement policies and procedures for the review of the death of any inmate that the Board determines warrants review that occurs in any local, regional, or community correctional facility. Such policies and procedures shall incorporate the Board’s authority under § 53.1-6 to ensure the production of evidence necessary to conduct a thorough review of any such death. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures;6\n\nTo establish minimum standards for health care services, including medical, dental, pharmaceutical, and behavioral health services, in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner or their designees. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures. Such minimum standards shall require that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board. The Board shall make such reports available to the public on its website. The Board may determine that any local, regional, or community correctional facility that is accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such facility’s accreditation status; however, without exception, the requirement that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report to the Board shall be a mandatory minimum standard;7\n\nTo develop and implement policies for the accommodation in local, regional, and community correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur; and8\n\nTo report annually on or before December 1 to the General Assembly and the Governor on the results of the inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68. The report shall include (i) a summary of the results of such inspections and audits, including any trends identified by such inspections and audits and the frequency of violations of each standard established for local, regional, or community correctional facilities, and (ii) any recommendations for changes to the standards established for local, regional, or community correctional facilities to improve the operations, safety, and security of local, regional, or community correctional facilities.","order_by":null,"text":{"0":{"id":281681,"text":"The Board shall have the following powers and duties:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":281682,"text":"To develop and establish operational and fiscal standards governing the operation of local, regional, and community correctional facilities;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":281683,"text":"To advise the Governor and Director on matters relating to corrections;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":281684,"text":"To make, adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth pertaining to local, regional, and community correctional facilities. The Board, when promulgating regulations and adopting any policy or guidance document related to the enforcement of any minimum standards applicable to local, regional, and community correctional facilities, shall expressly and specifically include such items in its published agenda for meetings of the Board or any of its subcommittees. No standard, policy, or guidance document may be promulgated, amended, or rescinded in entirety or in part without compliance with this article;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":281685,"text":"To ensure the development of programs to educate citizens and elicit public support for the activities of the Department;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":281686,"text":"To develop and implement policies and procedures for the review of the death of any inmate that the Board determines warrants review that occurs in any local, regional, or community correctional facility. Such policies and procedures shall incorporate the Board’s authority under § 53.1-6 to ensure the production of evidence necessary to conduct a thorough review of any such death. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":281687,"text":"To establish minimum standards for health care services, including medical, dental, pharmaceutical, and behavioral health services, in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner or their designees. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures. Such minimum standards shall require that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board. The Board shall make such reports available to the public on its website. The Board may determine that any local, regional, or community correctional facility that is accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such facility’s accreditation status; however, without exception, the requirement that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report to the Board shall be a mandatory minimum standard;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":281688,"text":"To develop and implement policies for the accommodation in local, regional, and community correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur; and","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":281689,"text":"To report annually on or before December 1 to the General Assembly and the Governor on the results of the inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68. The report shall include (i) a summary of the results of such inspections and audits, including any trends identified by such inspections and audits and the frequency of violations of each standard established for local, regional, or community correctional facilities, and (ii) any recommendations for changes to the standards established for local, regional, or community correctional facilities to improve the operations, safety, and security of local, regional, or community correctional facilities.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":15412,"edition_id":1,"name":"State Board of Local and Regional Jails","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14679,"metadata":{},"date_created":"2026-06-26 03:54:43","date_modified":"2026-06-26 03:54:43","permalink":{"id":237613,"object_type":"structure","relational_id":15412,"identifier":"2","token":"53.1\/1\/2","url":"\/53.1\/1\/2\/","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":62062,"structure_id":15412,"section_number":"53.1-2","catch_line":"Appointment of members; qualifications; terms and vacancies","url":"\/53.1-2\/","token":"53.1\/1\/2\/53.1-2","metadata":false},{"id":74078,"structure_id":15412,"section_number":"53.1-3","catch_line":"Persons ineligible for appointment","url":"\/53.1-3\/","token":"53.1\/1\/2\/53.1-3","metadata":false},{"id":68521,"structure_id":15412,"section_number":"53.1-4","catch_line":"Meetings; quorum; officers; main office","url":"\/53.1-4\/","token":"53.1\/1\/2\/53.1-4","metadata":false},{"id":78609,"structure_id":15412,"section_number":"53.1-5","catch_line":"Powers and duties of Board","url":"\/53.1-5\/","token":"53.1\/1\/2\/53.1-5","metadata":false},{"id":84669,"structure_id":15412,"section_number":"53.1-5.1","catch_line":"Repealed","url":"\/53.1-5.1\/","token":"53.1\/1\/2\/53.1-5.1","metadata":false},{"id":84172,"structure_id":15412,"section_number":"53.1-5.2","catch_line":"Compilation of certain data for redistricting purposes","url":"\/53.1-5.2\/","token":"53.1\/1\/2\/53.1-5.2","metadata":false},{"id":59165,"structure_id":15412,"section_number":"53.1-6","catch_line":"Board may administer oaths, conduct hearings, and issue subpoenas","url":"\/53.1-6\/","token":"53.1\/1\/2\/53.1-6","metadata":false},{"id":68225,"structure_id":15412,"section_number":"53.1-6.1","catch_line":"Executive director; staff; compensation","url":"\/53.1-6.1\/","token":"53.1\/1\/2\/53.1-6.1","metadata":false},{"id":58685,"structure_id":15412,"section_number":"53.1-7","catch_line":"Repealed","url":"\/53.1-7\/","token":"53.1\/1\/2\/53.1-7","metadata":false}],"previous_section":{"id":68521,"structure_id":15412,"section_number":"53.1-4","catch_line":"Meetings; quorum; officers; main office","url":"\/53.1-4\/","token":"53.1\/1\/2\/53.1-4","metadata":false},"next_section":{"id":84669,"structure_id":15412,"section_number":"53.1-5.1","catch_line":"Repealed","url":"\/53.1-5.1\/","token":"53.1\/1\/2\/53.1-5.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-5\/","history_text":"

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 1974, chapters 44 and 45; in 1976, chapter 249; in 1982, chapter 636; in 1984, chapter 720; in 2011, chapter 375<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2015, chapter 293<\/a>; in 2017, chapter 759<\/a>; in 2019, chapters 695<\/a> and 696<\/a>; in 2020, chapter 759<\/a>; in 2024, chapter 136<\/a>; in 2025, chapters 350<\/a> and 427<\/a>.<\/p>","references":[{"id":86587,"section_number":"53.1-69.1","catch_line":"Review of death of inmates in local, regional, or community correctional facilities","order_by":null,"url":"\/53.1-69.1\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":59165,"section_number":"53.1-6","catch_line":"Board may administer oaths, conduct hearings, and issue subpoenas","order_by":null,"url":"\/53.1-6\/"},{"id":75446,"section_number":"53.1-68","catch_line":"Minimum standards for local correctional facilities and lock-ups; health inspections, behavioral health services inspections, and personnel","order_by":null,"url":"\/53.1-68\/"}],"permalink":{"id":237627,"object_type":"law","relational_id":78609,"identifier":"53.1-5","token":"53.1\/1\/2\/53.1-5","url":"\/53.1-5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-5\/","token":"53.1\/1\/2\/53.1-5","dublin_core":{"Title":"Powers and duties of Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> shall have the following powers and duties:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To develop and establish operational and fiscal standards governing the operation of local, regional, and community correctional facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To advise the Governor and Director<\/span> on matters relating to corrections; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To make, adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of this title and other laws<\/span> of the Commonwealth pertaining to local, regional, and community correctional facilities. The Board<\/span>, when promulgating regulations and adopting any policy or guidance document related to the enforcement of any minimum standards applicable to local, regional, and community correctional facilities, shall expressly and specifically include such items in its published agenda for meetings of the Board<\/span> or any of its subcommittees. No standard, policy, or guidance document may be promulgated, amended, or rescinded in entirety or in part without compliance with this article; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To ensure the development of programs to educate citizens and elicit public support for the activities of the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To develop and implement policies and procedures for the review of the death of any inmate that the Board<\/span> determines warrants review that occurs in any local, regional, or community correctional facility<\/span>. Such policies and procedures shall incorporate the Board<\/span>’s authority under § 53.1-6<\/a> to ensure the production of evidence<\/span> necessary to conduct a thorough review of any such death. Notwithstanding any other provision of law<\/span>, the Board<\/span> shall adhere to procedures of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) in promulgating such policies and procedures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To establish minimum standards for health care services, including medical, dental, pharmaceutical, and behavioral health services, in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner or their designees. Notwithstanding any other provision of law<\/span>, the Board<\/span> shall adhere to procedures of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) in promulgating such policies and procedures. Such minimum standards shall require that each local, regional, and community correctional facility<\/span> submit a standardized quarterly continuous quality improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board<\/span>. The Board<\/span> shall make such reports available to the public on its website. The Board<\/span> may determine that any local, regional, or community correctional facility<\/span> that is accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such facility’s accreditation status; however, without exception, the requirement that each local, regional, and community correctional facility<\/span> submit a standardized quarterly continuous quality improvement report to the Board<\/span> shall be a mandatory minimum standard; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To develop and implement policies for the accommodation in local, regional, and community correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To report annually on or before December 1 to the General Assembly and the Governor on the results of the inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68<\/a>. The report shall include (i) a summary of the results of such inspections and audits, including any trends identified by such inspections and audits and the frequency of violations of each standard established for local, regional, or community correctional facilities, and (ii) any recommendations for changes to the standards established for local, regional, or community correctional facilities to improve the operations, safety, and security of local, regional, or community correctional facilities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARD (\u00a7 53.1-5)\n\nThe Board shall have the following powers and duties:\n\n1. To develop and establish operational and fiscal standards governing the\noperation of local, regional, and community correctional facilities;\n\n2. To advise the Governor and Director on matters relating to corrections;\n\n3. To make, adopt and promulgate such rules and regulations as may be necessary\nto carry out the provisions of this title and other laws of the Commonwealth\npertaining to local, regional, and community correctional facilities. The Board,\nwhen promulgating regulations and adopting any policy or guidance document\nrelated to the enforcement of any minimum standards applicable to local,\nregional, and community correctional facilities, shall expressly and\nspecifically include such items in its published agenda for meetings of the\nBoard or any of its subcommittees. No standard, policy, or guidance document may\nbe promulgated, amended, or rescinded in entirety or in part without compliance\nwith this article;\n\n4. To ensure the development of programs to educate citizens and elicit public\nsupport for the activities of the Department;\n\n5. To develop and implement policies and procedures for the review of the death\nof any inmate that the Board determines warrants review that occurs in any\nlocal, regional, or community correctional facility. Such policies and\nprocedures shall incorporate the Board’s authority under § 53.1-6 to\nensure the production of evidence necessary to conduct a thorough review of any\nsuch death. Notwithstanding any other provision of law, the Board shall adhere\nto procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in\npromulgating such policies and procedures;\n\n6. To establish minimum standards for health care services, including medical,\ndental, pharmaceutical, and behavioral health services, in local, regional, and\ncommunity correctional facilities and procedures for enforcing such minimum\nstandards, with the advice of and guidance from the Commissioner of Behavioral\nHealth and Developmental Services and State Health Commissioner or their\ndesignees. Notwithstanding any other provision of law, the Board shall adhere to\nprocedures of the Administrative Process Act (§ 2.2-4000 et seq.) in\npromulgating such policies and procedures. Such minimum standards shall require\nthat each local, regional, and community correctional facility submit a\nstandardized quarterly continuous quality improvement report documenting the\ndelivery of health care services, along with any improvements made to those\nservices, to the Board. The Board shall make such reports available to the\npublic on its website. The Board may determine that any local, regional, or\ncommunity correctional facility that is accredited by the American Correctional\nAssociation or National Commission on Correctional Health Care meets such\nminimum standards solely on the basis of such facility’s accreditation\nstatus; however, without exception, the requirement that each local, regional,\nand community correctional facility submit a standardized quarterly continuous\nquality improvement report to the Board shall be a mandatory minimum standard;\n\n7. To develop and implement policies for the accommodation in local, regional,\nand community correctional facilities of inmate participation in telehealth\nappointments, which shall include policies on designating a private space for\nsuch telehealth appointments to occur; and\n\n8. To report annually on or before December 1 to the General Assembly and the\nGovernor on the results of the inspections and audits of local, regional, or\ncommunity correctional facilities conducted pursuant to § 53.1-68. The\nreport shall include (i) a summary of the results of such inspections and\naudits, including any trends identified by such inspections and audits and the\nfrequency of violations of each standard established for local, regional, or\ncommunity correctional facilities, and (ii) any recommendations for changes to\nthe standards established for local, regional, or community correctional\nfacilities to improve the operations, safety, and security of local, regional,\nor community correctional facilities.\n\nHISTORY: Code 1950, \u00a7\u00a7 53-19.33, 53-19.34, 53-19.39; 1974, cc. 44, 45; 1976,\nc. 249; 1982, c. 636; 1984, c. 720; 2011, c. 375; 2012, cc. 803, 835; 2015, c.\n293; 2017, c. 759; 2019, cc. 695, 696; 2020, c. 759; 2024, c. 136; 2025, cc.\n350, 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}}