Virginia Code

Va. Code Ann. § 53.1-26 (2026)

Confiscation of prohibited articles

✓ current as of May 2026

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Any item of personal property which a prisoner in any state correctional facility is prohibited from possessing by the Code of Virginia or by the rules of the Director shall, when found in the possession of a prisoner, be confiscated and sold or destroyed as the Director may direct. Any funds from the sale of such property shall be invested and used as provided in § 53.1-44.

Code 1950, § 53-23.1; 1968, c. 222; 1982, c. 636.

Notes of Decisions

Cited in 3 cases, 1984–2000 · leading case: Hudson v. Palmer, 468 U.S. 517 (1984).

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Hudson v. Palmer, 468 U.S. 517 (1984). · cites it 2× “[22] See Va. Code § 53.1-26 (1982) ("Any item of personal property which a prisoner in any state correctional facility is prohibited from possessing by the Code of Virginia or by the rules of the Director shall, when found in the possession of a prisoner, be confiscated and sold…”

Washlefske v. Winston, 60 F. Supp. 2d 534 (E.D. Va. 1999). · cites it 3× “See Va.Code § 53.1-26; see also Hanvey v. Blankenship, 474 F.”

Washlefske v. Winston (4th Cir. 2000). “1980) (per curiam); Va. Code Ann. § 53.1-26 . Pursuant to regulations promulgated by the State Board of Correc- tions, ten percent of an inmate’s allowance is placed in a "hold 4 WASHLEFSKE v.”

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