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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63650</law_id><section_number>19.2-310</section_number><catch_line>Transfer of prisoners to custody of Director of Department of Corrections</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="18">Sentence; Judgment; Execution of Sentence</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Every person sentenced by a <span class="dictionary">court</span> to the Department of Corrections upon <span class="dictionary">conviction</span> of a <span class="dictionary">felony</span> shall be conveyed to an appropriate receiving unit operated by the Department in the manner hereinafter provided. The clerk of the <span class="dictionary">court</span> in which the person is sentenced shall forthwith transmit to the Central Criminal Records Exchange the report of <span class="dictionary">dispositions</span> required by &#xA7;&#xA0;<a class="law" title="Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies" href="/19.2-390/">19.2-390</a>. The clerk of the <span class="dictionary">court</span> within 30 days from the date of the <span class="dictionary">judgment</span> shall forthwith transmit to the Director of the Department a certified copy or copies of the order of <span class="dictionary">trial</span> and a certified copy of the complete <span class="dictionary">final order</span>, and if he fails to do so shall forfeit $50. The clerk of the <span class="dictionary">court</span> may transmit or make available a copy or copies of such <span class="dictionary">orders</span> electronically. Such copy or copies shall contain, as nearly as ascertainable, the birth date of the person sentenced. The sheriff shall certify to the Director of the Department any jail credits to which the person to be confined is entitled at such time as that person is transferred to the <span class="dictionary">custody</span> of the Director of the Department.
		Following receipt of the order of <span class="dictionary">trial</span> and a certified copy of the complete <span class="dictionary">final order</span>, the Director or his designee shall dispatch a correctional officer to the county or city with a warrant directed to the sheriff authorizing him to deliver the prisoner to the correctional officer whose duty it shall be to take charge of the person and convey him to an appropriate receiving unit designated by the Director or his designee. The Director or his designee shall allocate space available in the receiving unit or units by giving first priority to the transportation, as the transportation facilities of the Department may permit, of those persons held in jails who in the <span class="dictionary">opinion</span> of the Director or his designee except as required by &#xA7;&#xA0;<a class="law" title="Commitment of convicted persons to custody of Director" href="/53.1-20/">53.1-20</a> require immediate transportation to a receiving unit. In making such a determination of priority, the Director shall give due regard to the capacity of local as well as state correctional facilities and, to the extent feasible, shall seek to balance between local and state correctional facilities the excess of prisoners requiring detention.</p></section></text><history>Code 1950, &#xA7; 19.1-296; 1960, c. 366; 1966, c. 522; 1970, c. 67; 1972, c. 358; 1974, cc. 44, 45; 1975, c. 495; 1981, c. 529; 1982, cc. 476, 636; 1986, c. 606; 1990, cc. 676, 768; 2010, c. 352; 2011, c. 470.</history><metadata></metadata></law>
