The sheriff or jail superintendent shall purchase at prices as low as reasonably possible all foodstuffs and other provisions used in the feeding of jail prisoners and such clothing and medicine as may be necessary. Nothing herein shall be construed to require a sheriff, jail superintendent or a locality to pay for the medical treatment of an inmate for any injury, illness, or condition that existed prior to the inmate's commitment to a local or regional facility, except that medical treatment shall not be withheld for any communicable diseases, serious medical needs, or life threatening conditions. Invoices or itemized statements of account from each vendor of such foodstuffs, provisions, clothing and medicines shall be obtained by the sheriff or jail superintendent and presented for payment to the governing body of the city or county or, in the case of regional jails, the regional jail authority or, if none, that body responsible for the fiscal management of the regional jails, which shall be responsible for the payment thereof. He shall certify on each statement or invoice that the merchandise has been received and that the vendor has complied with the terms of the purchase. Such certification shall be in the following words: "I hereby certify that the merchandise or service has been received and that the terms of the purchase have been complied with on the part of the vendor. The merchandise or service has been or will be used solely for the feeding and care of prisoners confined in jail." If any county or city has a purchasing agent, the local governing body may require all such purchases to be made by or through the purchasing agent.
Code 1950, § 53-175; 1982, c. 636; 1991, c. 383; 2003, cc. 928, 1019; 2011, c. 727.
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 1993–2023 · leading case:
Adams v. Naphcare, Inc., 243 F. Supp. 3d 707 (E.D. Va. 2017).
Adams v. Naphcare, Inc., 243 F. Supp. 3d 707 (E.D. Va. 2017).
· cites it 2× “In response, the Plaintiff argues that “[t]he Magistrate Judge correctly concluded that the Plaintiffs assertions of denial of medical care, and that Mitchell was subjected to unfit conditions of confinement, abuse and excessive force, are all ministerial, rather than…”
Roberts v. City of Alexandria, 431 S.E.2d 275 (Va. 1993).
· cites it 2× “According to the evidence, the funding for the Sheriffs operation of the jail is provided, in part, from the City’s general fund revenues. Indeed, the record shows that the City pays the whole cost of the medical services provided to the jail inmates under the CMS contract.”
May v. Newhart, 822 F. Supp. 1233 (E.D. Va. 1993).
· cites it 2× “Pursuant to Va.Code Ann. § 53.1-126 the City may require that all foods, provisions, clothing and medicines for prisoners in local jails be purchased by or through its purchasing agent.”
Patterson v. City of Danville, 301 Va. 181 (Va. 2022).
· cites it 3× “at 102-04 ; Code § 53.1-126. This medical care was not simply a benevolent act of governmental grace.”
Boley v. Armor Corr. Health Servs., Inc. (E.D. Va. 2022).
· cites it 3× “”); see also Va. Code § 53.1-126 (stating that, with regard to detainees and inmates, medical treatment shall not be withheld for any serious medical needs or life-threatening conditions).”
Quigley v. McCabe, 91 Va. Cir. 397 (Norfolk Cir. Ct. 2015).
· cites it 2× “Code of Virginia § 53.1-126, upon which he relies, provides in part: The sheriff.”
Rector & Visitors of the Univ. v. Mitchell, 50 Va. Cir. 381 (Albemarle Cir. Ct. 1999).
· cites it 2× “Virginia Code § 53.1-126 requires a sheriff to purchase for inmates all such “medicine as may be necessary.”
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