As used in this title, unless the context requires a different meaning:
"Board" or "State Board" means the State Board of Local and Regional Jails.
"Community correctional facility" means any group home, halfway house or other physically unrestricting facility used for the housing, treatment or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision, combination of political subdivisions or privately operated agency within the Commonwealth.
"Community supervision" means probation, parole, postrelease supervision, programs authorized under the Comprehensive Community Corrections Act for local responsible offenders, and programs authorized under Article 7 (§ 53.1-128 et seq.) of Chapter 3.
"Correctional officer" means a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility.
"Department" means the Department of Corrections.
"Deputy sheriff" means a duly sworn officer appointed by a sheriff pursuant to § 15.2-1603 whose normal duties include, but are not limited to, maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility and may include those duties of a jail officer.
"Director" means the Director of the Department of Corrections.
"Jail officer" means a duly sworn employee of a local correctional facility, except for deputy sheriffs, whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility. This definition in no way limits any authority otherwise granted to a duly sworn deputy sheriff whose duties may include those of a jail officer.
"Local correctional facility" means any jail, jail farm or other place used for the detention or incarceration of adult offenders, excluding a lock-up, which is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth. For the purposes of subsection B of § 53.1-68 and §§ 53.1-69, 53.1-69.1, and 53.1-127, "local correctional facility" also includes any facility owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth that is used for the detention or incarceration of people pursuant to a contract or third-party contract with the federal government or any agency or contractor thereof.
"Lock-up" means a facility whose primary use is to detain persons for a short period of time as determined by the Board.
"State correctional facility" means any correctional center or correctional field unit used for the incarceration of adult offenders established and operated by the Department of Corrections, or operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.). "State correctional facility" includes "penitentiary" whenever used in this title or other titles of the Code.
Code 1950, §§ 53-9, 53-19.5, 53-19.18, 53-19.18:1, 53-19.23; 1966, c. 300; 1970, c. 648; 1974, cc. 44, 45; 1976, cc. 740, 756; 1977, c. 187; 1981, c. 487; 1982, c. 636; 1983, c. 477; 1991, c. 383; 1995, c. 224; 1999, c. 845; 2000, c. 807; 2020, c. 759; 2020, Sp. Sess. I, c. 23; 2025, c. 337.
Notes of Decisions
McCoy v. Chesapeake Corr. Ctr., 788 F. Supp. 890 (E.D. Va. 1992).
· cites it 2× “After reviewing the applicable state'law, the Court finds that the level of state involvement in the regulation and administration of local jails in Virginia indicates that the local jails are arms of the state for Eleventh Amendment purposes and thus not “persons” under § 1983.”
Harward v. Commonwealth, 330 S.E.2d 89 (Va. 1985).
· cites it 2× “2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit; (b) The willful, deliberate and premeditated killing of any person by another for hire; (c) The willful, deliberate and premeditated killing of any person by a prisoner confined in a…”
Dep't of Corr. v. Surovell, 776 S.E.2d 579 (Va. 2015).
· cites it 2× “Code § 53.1-1 et seq. VDOC is specifically tasked with carrying out court-ordered executions.”
Sierra v. Commonwealth, 722 S.E.2d 656 (Va. Ct. App. 2012).
“(b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.”
Commonwealth Ex Rel. Virginia Dep't of Corr. v. Brown, 529 S.E.2d 96 (Va. 2000).
“This statute provides that: Whenever any party in a civil action in any circuit court in this Commonwealth shall require as a witness in his behalf, a convict or prisoner in a correctional or penal institution as defined in § 53.1-1, the court, on the application of such party…”
Pound v. Dep't of Game & Inland Fisheries, 577 S.E.2d 533 (Va. Ct. App. 2003).
“1-101, (vi) correctional officer as the term is defined in § 53.1-1, and including correctional officers employed at a juvenile correction facility as the term is defined in § 66-25.”
May v. Newhart, 822 F. Supp. 1233 (E.D. Va. 1993).
· cites it 3× “” See Va.Code § 53.1-1 (1991). For simplicity, the term "local jail” as used in this opinion means a local correctional facility operated by a single political subdivision of the Commonwealth.”
Garraghty v. Virginia Ret. Sys., 608 S.E.2d 477 (Va. Ct. App. 2005).
· cites it 3× “” Code § 53.1-1. Documents in the record indicate that under certain conditions, a covered employee with twenty-five years of service retiring on or after October 1, 1999 is eligible for early unreduced retirement at age 50.”
Jones v. Commonwealth, 822 S.E.2d 19 (Va. Ct. App. 2018).
“That statute states: If such person proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility,…”
Krawetz v. Murray, 742 F. Supp. 304 (E.D. Va. 1990).
· cites it 3× “In Va.Code § 53.1-1 "state correctional facility" and "local correctional facility" are defined separately.”
Hill v. Commonwealth, 553 S.E.2d 529 (Va. Ct. App. 2001).
“In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such person is a law-enforcement officer as defined hereinafter, a correctional officer as defined in § 53.1-1, a person employed by the Department of…”
Cnty. of Augusta Jail v. Cook, 430 S.E.2d 546 (Va. Ct. App. 1993).
· cites it 2× “Code § 53.1-1 defines a “Correctional officer” as “a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.