{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-61.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-61.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-61.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-61.html"}],"law_id":68764,"edition_id":1,"section_id":68764,"structure_id":13522,"section_number":"53.1-61","catch_line":"Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation","history":"Code 1950, \u00a7 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747.","full_text":"A\n\nIn order to determine whether a prisoner to be released for employment as provided in &#xA7; 53.1-60 has dependents receiving public assistance benefits, the Director may require such person to reveal the identity and residence of any dependents as a condition to release. The Director shall notify any such dependents, the local department of social services where such dependents reside and the Commissioner of Social Services of the release of such person for employment. Upon request of the local department of social services or the Commissioner of Social Services, the Director shall withhold and pay over a portion of the person&#8217;s earnings as provided in &#xA7; 53.1-60.B\n\nIf the local department of social services or the Commissioner of Social Services objects to the amount withheld by the Director, the balance credited to the person&#8217;s account shall be subject to all civil remedies provided by law to the local department of social services or the Commissioner of Social Services for the enforcement of support of dependents receiving public assistance benefits.C\n\nThe director of the local department of social services and the Commissioner of Social Services or their designees shall be permitted access to the records of the Director concerning the earnings of the prisoner.","order_by":null,"text":{"0":{"id":248927,"text":"In order to determine whether a prisoner to be released for employment as provided in &#xA7; 53.1-60 has dependents receiving public assistance benefits, the Director may require such person to reveal the identity and residence of any dependents as a condition to release. The Director shall notify any such dependents, the local department of social services where such dependents reside and the Commissioner of Social Services of the release of such person for employment. Upon request of the local department of social services or the Commissioner of Social Services, the Director shall withhold and pay over a portion of the person&#8217;s earnings as provided in &#xA7; 53.1-60.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248928,"text":"If the local department of social services or the Commissioner of Social Services objects to the amount withheld by the Director, the balance credited to the person&#8217;s account shall be subject to all civil remedies provided by law to the local department of social services or the Commissioner of Social Services for the enforcement of support of dependents receiving public assistance benefits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248929,"text":"The director of the local department of social services and the Commissioner of Social Services or their designees shall be permitted access to the records of the Director concerning the earnings of the prisoner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13522,"edition_id":1,"name":"Employment and Training of Prisoners","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":238103,"object_type":"structure","relational_id":13522,"identifier":"3","token":"53.1\/2\/3","url":"\/53.1\/2\/3\/","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":68369,"structure_id":13522,"section_number":"53.1-41","catch_line":"Opportunities for work and career and technical education","url":"\/53.1-41\/","token":"53.1\/2\/3\/53.1-41","metadata":false},{"id":75791,"structure_id":13522,"section_number":"53.1-42","catch_line":"Allowance for work and disposition thereof","url":"\/53.1-42\/","token":"53.1\/2\/3\/53.1-42","metadata":false},{"id":56500,"structure_id":13522,"section_number":"53.1-43","catch_line":"Pay incentives for prisoners","url":"\/53.1-43\/","token":"53.1\/2\/3\/53.1-43","metadata":false},{"id":63102,"structure_id":13522,"section_number":"53.1-43.1","catch_line":"Inmate trust accounts","url":"\/53.1-43.1\/","token":"53.1\/2\/3\/53.1-43.1","metadata":false},{"id":66693,"structure_id":13522,"section_number":"53.1-44","catch_line":"Investment of funds belonging to prisoners; use of income","url":"\/53.1-44\/","token":"53.1\/2\/3\/53.1-44","metadata":false},{"id":57738,"structure_id":13522,"section_number":"53.1-45","catch_line":"Sale of prison goods and services; print shop","url":"\/53.1-45\/","token":"53.1\/2\/3\/53.1-45","metadata":false},{"id":75103,"structure_id":13522,"section_number":"53.1-45.1","catch_line":"Work programs; agreements with other entities","url":"\/53.1-45.1\/","token":"53.1\/2\/3\/53.1-45.1","metadata":false},{"id":85277,"structure_id":13522,"section_number":"53.1-45.2","catch_line":"Repealed","url":"\/53.1-45.2\/","token":"53.1\/2\/3\/53.1-45.2","metadata":false},{"id":75355,"structure_id":13522,"section_number":"53.1-46","catch_line":"Sale of artistic products","url":"\/53.1-46\/","token":"53.1\/2\/3\/53.1-46","metadata":false},{"id":60557,"structure_id":13522,"section_number":"53.1-47","catch_line":"Purchases by agencies, localities, and certain nonprofit organizations","url":"\/53.1-47\/","token":"53.1\/2\/3\/53.1-47","metadata":false},{"id":79677,"structure_id":13522,"section_number":"53.1-48","catch_line":"Exceptions as to purchases","url":"\/53.1-48\/","token":"53.1\/2\/3\/53.1-48","metadata":false},{"id":54489,"structure_id":13522,"section_number":"53.1-49","catch_line":"Evasion by variance from specifications of Director","url":"\/53.1-49\/","token":"53.1\/2\/3\/53.1-49","metadata":false},{"id":84328,"structure_id":13522,"section_number":"53.1-50","catch_line":"Vouchers, certificates and warrants not to be questioned","url":"\/53.1-50\/","token":"53.1\/2\/3\/53.1-50","metadata":false},{"id":68460,"structure_id":13522,"section_number":"53.1-51","catch_line":"Intentional violations constitute malfeasance","url":"\/53.1-51\/","token":"53.1\/2\/3\/53.1-51","metadata":false},{"id":58601,"structure_id":13522,"section_number":"53.1-52","catch_line":"Procedure for purchases","url":"\/53.1-52\/","token":"53.1\/2\/3\/53.1-52","metadata":false},{"id":68855,"structure_id":13522,"section_number":"53.1-53","catch_line":"Transfer or sale of by-products of manufacturing processes","url":"\/53.1-53\/","token":"53.1\/2\/3\/53.1-53","metadata":false},{"id":61796,"structure_id":13522,"section_number":"53.1-54","catch_line":"Charges and catalogue; annual estimates of requirements by departments, etc","url":"\/53.1-54\/","token":"53.1\/2\/3\/53.1-54","metadata":false},{"id":76184,"structure_id":13522,"section_number":"53.1-55","catch_line":"Sale or exchange of goods manufactured by prisoners of other states","url":"\/53.1-55\/","token":"53.1\/2\/3\/53.1-55","metadata":false},{"id":84059,"structure_id":13522,"section_number":"53.1-56","catch_line":"Construction and maintenance of highways; grass cutting; acquisition of quarries, etc.; use of materials for county roads","url":"\/53.1-56\/","token":"53.1\/2\/3\/53.1-56","metadata":false},{"id":61109,"structure_id":13522,"section_number":"53.1-57","catch_line":"Payments by Department of Transportation to Director for labor","url":"\/53.1-57\/","token":"53.1\/2\/3\/53.1-57","metadata":false},{"id":68457,"structure_id":13522,"section_number":"53.1-58","catch_line":"Highway employees as guards","url":"\/53.1-58\/","token":"53.1\/2\/3\/53.1-58","metadata":false},{"id":87161,"structure_id":13522,"section_number":"53.1-59","catch_line":"Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards","url":"\/53.1-59\/","token":"53.1\/2\/3\/53.1-59","metadata":false},{"id":77283,"structure_id":13522,"section_number":"53.1-60","catch_line":"Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations","url":"\/53.1-60\/","token":"53.1\/2\/3\/53.1-60","metadata":false},{"id":70647,"structure_id":13522,"section_number":"53.1-60.1","catch_line":"Duties of Director in collecting court-imposed debt","url":"\/53.1-60.1\/","token":"53.1\/2\/3\/53.1-60.1","metadata":false},{"id":68764,"structure_id":13522,"section_number":"53.1-61","catch_line":"Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation","url":"\/53.1-61\/","token":"53.1\/2\/3\/53.1-61","metadata":false},{"id":87397,"structure_id":13522,"section_number":"53.1-62","catch_line":"When ineligible for work release","url":"\/53.1-62\/","token":"53.1\/2\/3\/53.1-62","metadata":false}],"previous_section":{"id":70647,"structure_id":13522,"section_number":"53.1-60.1","catch_line":"Duties of Director in collecting court-imposed debt","url":"\/53.1-60.1\/","token":"53.1\/2\/3\/53.1-60.1","metadata":false},"next_section":{"id":87397,"structure_id":13522,"section_number":"53.1-62","catch_line":"When ineligible for work release","url":"\/53.1-62\/","token":"53.1\/2\/3\/53.1-62","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-61\/","history_text":"<p>The record of this law\u2019s original creation isn\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 1978, chapter 660; in 1982, chapter 636; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0747\">747<\/a>.<\/p>","references":false,"refers_to":[{"id":77283,"section_number":"53.1-60","catch_line":"Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations","order_by":null,"url":"\/53.1-60\/"}],"permalink":{"id":238201,"object_type":"law","relational_id":68764,"identifier":"53.1-61","token":"53.1\/2\/3\/53.1-61","url":"\/53.1-61\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-61\/","token":"53.1\/2\/3\/53.1-61","dublin_core":{"Title":"Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-61","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In <span class=\"dictionary\">order<\/span> to determine whether a prisoner to be released for employment as provided in &#xA7; <a class=\"law\" title=\"Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations\" href=\"\/53.1-60\/\">53.1-60<\/a> has dependents receiving public assistance benefits, the <span class=\"dictionary\">Director<\/span> may require such person to reveal the identity and residence of any dependents as a condition to release. The <span class=\"dictionary\">Director<\/span> shall notify any such dependents, the local <span class=\"dictionary\">department<\/span> of social services where such dependents reside and the Commissioner of Social Services of the release of such person for employment. Upon request of the local <span class=\"dictionary\">department<\/span> of social services or the Commissioner of Social Services, the <span class=\"dictionary\">Director<\/span> shall withhold and pay over a portion of the person&#8217;s earnings as provided in &#xA7; <a class=\"law\" title=\"Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations\" href=\"\/53.1-60\/\">53.1-60<\/a>. <a id=\"paragraph-248927\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-61\/#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> If the local <span class=\"dictionary\">department<\/span> of social services or the Commissioner of Social Services <span class=\"dictionary\">objects<\/span> to the amount withheld by the <span class=\"dictionary\">Director<\/span>, the balance credited to the person&#8217;s account shall be subject to all civil remedies provided by <span class=\"dictionary\">law<\/span> to the local <span class=\"dictionary\">department<\/span> of social services or the Commissioner of Social Services for the enforcement of support of dependents receiving public assistance benefits. <a id=\"paragraph-248928\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-61\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">director<\/span> of the local <span class=\"dictionary\">department<\/span> of social services and the Commissioner of Social Services or their designees shall be permitted access to the records of the <span class=\"dictionary\">Director<\/span> concerning the earnings of the prisoner. <a id=\"paragraph-248929\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-61\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDETERMINATION WHETHER PRISONER HAS DEPENDENTS RECEIVING PUBLIC ASSISTANCE;\nPAYMENT OF PORTION OF EARNINGS; REMEDIES FOR ENFORCEMENT OF SUPPORT OBLIGATION\n(\u00a7 53.1-61)\n\nA. In order to determine whether a prisoner to be released for employment as\nprovided in &#xA7; 53.1-60 has dependents receiving public assistance benefits,\nthe Director may require such person to reveal the identity and residence of any\ndependents as a condition to release. The Director shall notify any such\ndependents, the local department of social services where such dependents reside\nand the Commissioner of Social Services of the release of such person for\nemployment. Upon request of the local department of social services or the\nCommissioner of Social Services, the Director shall withhold and pay over a\nportion of the person&#8217;s earnings as provided in &#xA7; 53.1-60.\n\nB. If the local department of social services or the Commissioner of Social\nServices objects to the amount withheld by the Director, the balance credited to\nthe person&#8217;s account shall be subject to all civil remedies provided by\nlaw to the local department of social services or the Commissioner of Social\nServices for the enforcement of support of dependents receiving public\nassistance benefits.\n\nC. The director of the local department of social services and the Commissioner\nof Social Services or their designees shall be permitted access to the records\nof the Director concerning the earnings of the prisoner.\n\nHISTORY: Code 1950, \u00a7 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747.","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}}