Virginia Code

Va. Code Ann. § 53.1-261 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter, unless the context requires a different meaning:

"Correctional services" means the following functions, services, and activities when provided within a prison or otherwise:

1. Food services, commissary, medical services, transportation, sanitation, or other ancillary services;

2. Development and implementation assistance for classification, management information systems, or other information systems or services;

3. Education, training, and employment programs;

4. Recreational, religious, and other activities; and

5. Counseling, special treatment programs, or other programs for special needs.

"Prison" or "facility" or "prison facility" means any institution operated by or under authority of the Department and shall include, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies, or surveys relative thereto; land or rights to land; and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility.

"Prison contractor" or "contractor" means any entity, including a local government, entering into or offering or proposing to enter into a contractual agreement to provide any correctional services to inmates under the custody of the Commonwealth or federal inmates under the custody of the prison contractor, while in the Commonwealth of Virginia.

1991, c. 705; 1992, c. 654; 1995, c. 694; 1996, c. 632; 2007, c. 394; 2025, c. 337.

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2006–2023 · leading case: Giarratano v. Johnson, 456 F. Supp. 2d 747 (W.D. Va. 2006).
Giarratano v. Johnson, 456 F. Supp. 2d 747 (W.D. Va. 2006). “) of Title 30 shall be construed to afford any rights to any person incarcerated in a state, local or federal correctional facility, whether or not such facility is (i) located in the Commonwealth or (ii) operated pursuant to the Corrections Private Management Act (§ 53.1-261 et…”
Boughton v. Northan (E.D. Va. 2023). · cites it 3× “LVCC is operated by GEO Group under a contract with the Commonwealth of Virginia pursuant to the Corrections Private Management Act, Va. Code § 53.1-261 et seq. [Dkt. Nos. 43 at 2, 11; 49-3 at ¶ 4].”
Boughton v. Northan (E.D. Va. 2023). · cites it 3× “LVCC is operated by GEO Group under a contract with the Commonwealth of Virginia pursuant to the Corrections Private Management Act, Va. Code § 53.1-261 et seq. [Dkt. Nos. 43 at 2, 11; 49-3 at J 4].”
Boughton v. Northan (E.D. Va. 2023). · cites it 3× “LVCC is operated by GEO Group under a contract with the Commonwealth of Virginia pursuant to the Corrections Private Management Act, Va. Code § 53.1-261 et seq. [Dkt. Nos. 43 at 2, 11; 49-3 at 4 4].”
Commonwealth of Virginia v. Hannah Fatima Muwahhid (Va. Ct. App. 2023). · cites it 2× “Read in context, the clause waives sovereign immunity “under those circumstances where . .”
Lockett v. Davis, 89 Va. Cir. 357 (Roanoke County Cir. Ct. 2014). “And in that Act, the General Assembly stated that: The provisions of this chapter shall apply to all pro se civil actions for money damages brought under the laws of this Commonwealth, or for injunctive, declaratory or mandamus relief, brought by prisoners incarcerated in any…”
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