                                 CODE OF VIRGINIA

VISITATION POLICIES (§ 53.1-1.2)

The following procedures regarding individuals who are physically present at a
state correctional facility for the purpose of visiting a prisoner shall apply:

1. Upon entry into a state correctional facility, visitors shall be informed of
the items that they are not permitted to bring into the facility and the items
that they are permitted to bring into the facility.

2. If an item that is otherwise legal for the visitor to possess is not
permitted in the facility, the item may be placed in the possession of facility
employees, if the facility is able to store such item, for the duration of the
visit and returned to the visitor upon leaving the facility.

3. If equipment is available, visitors shall be scanned or wanded by an
electronic scanning or detection device, or both.

4. If detector canines are available, visitors shall be subjected to a detector
canine search.

5. If the detector canine search, scanning, or wanding does not indicate any
contraband and the visitor is otherwise eligible to visit, the visitor shall be
allowed a visit with the prisoner that allows personal contact.

6. If the detector canine search, scanning, or wanding indicates the possibility
of contraband, the visitor shall have the option of consenting to a search of
his person. If the visitor does not consent to a search of his person after only
a detector canine search indicates the possibility of contraband and the visitor
is otherwise eligible to visit, he shall be allowed a visit with the prisoner
that does not allow personal contact. If the visitor does not consent to a
search of his person after scanning or wanding indicates the possibility of
contraband, the Department may deny the visitor entry into the facility in
accordance with the operating procedures regarding visiting privileges as
authorized by &#xA7; 53.1-30.

7. A visitor shall be allowed to leave the correctional facility and discontinue
the search process prior to the discovery of contraband. A visitor shall not be
barred from future visits because he stops a search prior to the discovery of
contraband or refuses to consent to a search of his person, including refusing
to consent to a strip search or a search of any body cavity. Correctional
facility personnel shall not use the search procedure or search results as a
threat to bar future visits. The superintendent, warden, or other official in
charge of the facility shall ensure that correctional facility personnel do not
use the search procedure or search results as a threat to bar future visits.

HISTORY: 2020, c. 1170.