                                 CODE OF VIRGINIA

TRANSFER OF PRISONERS INTO AND BETWEEN STATE AND LOCAL CORRECTIONAL FACILITIES
(§ 53.1-21)

A. Any person who (i) is accused or convicted of an offense (a) in violation of
any county, city, or town ordinance within the Commonwealth, (b) against the
laws of the Commonwealth, or (c) against the laws of any other state or country
or (ii) is a witness held in any case in which the Commonwealth is a party and
who is confined in a state or local correctional facility may be transferred by
the Director, subject to the provisions of &#xA7; 53.1-20, to any other state or
local correctional facility which he may designate.

B. The following limitations shall apply to the transfer of persons into the
custody of the Department:

   1. No person convicted of violating &#xA7; 20-61 shall be committed or
   transferred to the custody of the Department.

   2. No person who is convicted of a misdemeanor or a felony and receives a jail
   sentence of 12 months or less shall be committed or transferred to the custody
   of the Department without the consent of the Director.

   3. Beginning July 1, 1991, and subject to the provisions of &#xA7; 53.1-20, no
   person, whether convicted of a felony or misdemeanor, shall be transferred to
   the custody of the Department when the combined length of all sentences to be
   served totals two years or less, without the consent of the Director.

HISTORY: Code 1950, §§ 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code
1950, § 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c.
648; 1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44,
45; 1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945, 987;
2021, Sp. Sess. I, c. 463.