                                 CODE OF VIRGINIA

DETERMINATION WHETHER PRISONER HAS DEPENDENTS RECEIVING PUBLIC ASSISTANCE;
PAYMENT OF PORTION OF EARNINGS; REMEDIES FOR ENFORCEMENT OF SUPPORT OBLIGATION
(§ 53.1-61)

A. In order to determine whether a prisoner to be released for employment as
provided in &#xA7; 53.1-60 has dependents receiving public assistance benefits,
the Director may require such person to reveal the identity and residence of any
dependents as a condition to release. The Director shall notify any such
dependents, the local department of social services where such dependents reside
and the Commissioner of Social Services of the release of such person for
employment. Upon request of the local department of social services or the
Commissioner of Social Services, the Director shall withhold and pay over a
portion of the person&#8217;s earnings as provided in &#xA7; 53.1-60.

B. If the local department of social services or the Commissioner of Social
Services objects to the amount withheld by the Director, the balance credited to
the person&#8217;s account shall be subject to all civil remedies provided by
law to the local department of social services or the Commissioner of Social
Services for the enforcement of support of dependents receiving public
assistance benefits.

C. The director of the local department of social services and the Commissioner
of Social Services or their designees shall be permitted access to the records
of the Director concerning the earnings of the prisoner.

HISTORY: Code 1950, § 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747.