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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64179</law_id><section_number>53.1-23</section_number><catch_line>Fingerprints, photographs and description</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-388</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="2">State Correctional Facilities</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Photographs, fingerprints, and a description of each person received by the <span class="dictionary">Department</span> shall be taken and filed for identification purposes. If the person is serving a sentence for an <span class="dictionary">offense</span> for which a report to the Central Criminal Records Exchange is required under subsection A of &#xA7; <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>, such photographs, fingerprints, and description of such person received by the <span class="dictionary">Department</span> shall be provided to the Central Criminal Records Exchange and, unless otherwise prohibited by <span class="dictionary">law</span>, may be classified and filed as part of the criminal history record information of that person. Subject to the provisions of &#xA7;&#xA7; <a class="law" title="Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police" href="/19.2-387/">19.2-387</a> through <a class="law" title="Fingerprints and photographs by police authorities" href="/19.2-392/">19.2-392</a>, the <span class="dictionary">Department</span> shall cooperate with federal, state, county, and city <span class="dictionary">law</span>-enforcement agencies, insofar as it may deem proper, in disclosing information concerning such persons and in the taking of fingerprints and photographs of persons charged with the commission of an <span class="dictionary">offense</span> for which a report to the Central Criminal Records Exchange is required under subsection A of &#xA7; <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>. <a id="paragraph-233646" class="section-permalink" href="https://vacode.org/53.1-23/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The <span class="dictionary">Department</span> shall review each person&#x2019;s criminal history record at least 60 days prior to his scheduled release from a <span class="dictionary">state correctional facility</span> to determine whether all <span class="dictionary">offenses</span> for which that person has been committed appear on such record and, if any such <span class="dictionary">offense</span> that is required to be reported to the Central Criminal Records Exchange pursuant to &#xA7; <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> does not appear, (i) take and provide fingerprints and a photograph of the person to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of &#xA7; <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> and (ii) provide written or electronic notification to the Central Criminal Records Exchange within the <span class="dictionary">Department</span> of State Police that such <span class="dictionary">offense</span> does not appear on the offender&#x2019;s criminal history record. <a id="paragraph-233647" class="section-permalink" href="https://vacode.org/53.1-23/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 53-40; 1970, c. 648; 1982, c. 636; 2019, cc. 782, 783.</history><metadata></metadata></law>
