                                 CODE OF VIRGINIA

REVIEW OF DEATH OF INMATES IN LOCAL, REGIONAL, OR COMMUNITY CORRECTIONAL
FACILITIES (§ 53.1-69.1)

A. The Board shall have the power to review the death of any inmate who was
incarcerated in a local, regional, or community correctional facility at the
time of his death in order to determine (i) the circumstances surrounding the
inmate&#8217;s death, including identifying any act or omission by the facility
or any employee or agent thereof that may have directly or indirectly
contributed to the inmate&#8217;s death, and (ii) whether the facility was in
compliance with the regulations promulgated by the Board.

B. Any review conducted pursuant to this section shall be conducted in
accordance with the policies and procedures for such review developed and
implemented by the Board in accordance with subdivision 5 of &#xA7; 53.1-5. In
conducting a review pursuant to this section, the Board may exercise its power
under &#xA7; 53.1-6 to hold and conduct hearings, issue subpoenas, and
administer oaths and take testimony thereunder. If the Board determines that it
cannot adequately conduct any particular review pursuant to this section because
of the conduct by the Board of another ongoing review, the Board may request
that the Department assist in the conduct of such review. Department staff
conducting a review pursuant to this section shall be considered agents of the
Board.

C. If the Board determines during the conduct of any review pursuant to this
section that it is necessary to review the operation of an entity other than the
local, regional, or community correctional facility in order to complete the
review, the Board shall request that the Office of the State Inspector General
review the operation of such entity if such entity falls within the authority
vested in the Office of the State Inspector General pursuant to Chapter 3.2
(&#xA7; 2.2-307 et seq.) of Title 2.2. Nothing in this section shall limit the
authority of the Office of the State Inspector General to exercise any of the
powers and duties set forth in Chapter 3.2 (&#xA7; 2.2-307 et seq.) of Title
2.2.

D. Upon completion of any review conducted pursuant to this section, the Board
shall prepare a detailed report of the findings of any review, which shall be
submitted to the Governor, the Speaker of the House of Delegates, and the
President pro tempore of the Senate. Such report may contain recommendations for
changes to the minimum standards for the construction, equipment,
administration, and operation of local correctional facilities in order to
prevent problems, abuses, and deficiencies in and improve the effectiveness of
such facilities. In addition, the Board may issue any order authorized under
&#xA7; 53.1-69 to correct any failure by the facility to comply with the
Board&#8217;s regulations. Except as otherwise required by law, the Board shall
maintain the confidentiality of any confidential records or information obtained
from a facility during the course of a review in accordance with state and
federal law.

E. The Board shall publish an annual report that includes the following: (i) a
summary of the reviews of the deaths of inmates that occur in any local,
regional, or community correctional facility conducted in the prior year
pursuant to this section, including any trends or similarities identified by
such reviews; (ii) any recommendations for policy changes to reduce the number
of inmate deaths; and (iii) any recommendations for changes to the policies and
procedures for conducting reviews of the deaths of inmates to improve the
operations, safety, and security of local, regional, or community correctional
facilities. On or before July 1, 2025, and each July 1 thereafter, the Board
shall publish such report on its website and submit the report to the Governor,
the Chairmen of the Senate Committee on Rehabilitation and Social Services, the
House Committee on Public Safety, and the House Committee for Courts of Justice,
the Speaker of the House of Delegates, and the President pro tempore of the
Senate.

HISTORY: 2017, c. 759; 2020, c. 1287; 2025, c. 350.