                                 CODE OF VIRGINIA

COMMITMENT OF CONVICTED PERSONS TO CUSTODY OF DIRECTOR (§ 53.1-20)

A. Every person convicted of a felony committed before January 1, 1995, and
sentenced to the Department for a total period of more than two years shall be
committed by the court to the custody of the Director of the Department. The
Director shall receive all such persons into the state corrections system within
sixty days of the date on which the final sentencing order is mailed by
certified letter or sent by electronic transmission to the Director by the
clerk.

B. Persons convicted of felonies committed on or after January 1, 1995, and
sentenced to the Department or sentenced to confinement in jail for a year or
more shall be placed in the custody of the Department and received by the
Director into the state corrections system within sixty days of the date on
which the final sentencing order is mailed by certified letter or sent by
electronic transmission to the Director by the clerk.

C. If the Governor finds that the number of prisoners in state facilities poses
a threat to public safety, it shall be within the discretion of the Director to
determine the priority for receiving prisoners into the state corrections system
from local correctional facilities.

D. All felons sentenced to a period of incarceration and not placed in an adult
state correctional facility pursuant to this section shall serve their sentences
in local correctional facilities which shall not include a secure facility or
detention home as defined in &#xA7; 16.1-228.

E. Felons committed to the custody of the Department for a new felony offense
shall be received by the Director into the state corrections system in
accordance with the provisions of this section without any delay for resolution
of (i) issues of alleged parole violations set for hearing before the Parole
Board or (ii) any other pending parole-related administrative matter.

F. After accounting for safety, security, and operational factors, the Director
shall place prisoners who are known primary caretakers of minor children in a
facility as close as possible to such children.

HISTORY: Code 1950, §§ 19-270, 19.1-296, 53-21.1; 1960, c. 366; 1966, c. 522;
1970, cc. 67, 648; 1972, c. 145; 1973, c. 330; 1974, cc. 44, 45, 506; 1981, c.
529; 1982, c. 636; 1990, cc. 676, 768; 1993, c. 502; 1994, cc. 128, 859, 949;
1994, 2nd Sp. Sess., cc. 1, 2; 1997, c. 840; 2020, c. 526.