2006 Code of Virginia § 19.2-310 - Transfer of prisoners to custody of Director of Department of Corrections

19.2-310. Transfer of prisoners to custody of Director of Department ofCorrections.

Every person sentenced by a court to the Department of Corrections uponconviction of a felony shall be conveyed to an appropriate receiving unitoperated by the Department in the manner hereinafter provided. The clerk ofthe court in which the person is sentenced shall forthwith transmit to theCentral Criminal Records Exchange the report of dispositions required by 19.2-390. The clerk of the court within thirty days from the date of thejudgment shall forthwith transmit to the Director of the Department acertified copy or copies of the order of trial and a certified copy of thecomplete final order, and if he fails to do so he shall forfeit $100. Suchcopy or copies shall contain, as nearly as ascertainable, the birth date ofthe person sentenced. The sheriff shall certify to the Director of theDepartment any jail credits to which the person to be confined is entitled atsuch time as that person is transferred to the custody of the Director of theDepartment.

Following receipt of the order of trial and a certified copy of the completefinal order, the Director or his designee shall dispatch a correctionalofficer to the county or city with a warrant directed to the sheriffauthorizing him to deliver the prisoner to the correctional officer whoseduty it shall be to take charge of the person and convey him to anappropriate receiving unit designated by the Director or his designee. TheDirector or his designee shall allocate space available in the receiving unitor units by giving first priority to the transportation, as thetransportation facilities of the Department may permit, of those persons heldin jails who in the opinion of the Director or his designee except asrequired by 53.1-20 require immediate transportation to a receiving unit.In making such a determination of priority, the Director shall give dueregard to the capacity of local as well as state correctional facilities and,to the extent feasible, shall seek to balance between local and statecorrectional facilities the excess of prisoners requiring detention.

(Code 1950, 19.1-296; 1960, c. 366; 1966, c. 522; 1970, c. 67; 1972, c.358; 1974, cc. 44, 45; 1975, c. 495; 1981, c. 529; 1982, cc. 476, 636; 1986,c. 606; 1990, cc. 676, 768.)