2006 Code of Virginia § 53.1-21 - Transfer of prisoners into and between state and local correctional facilities

53.1-21. Transfer of prisoners into and between state and localcorrectional facilities.

A. Any person who (1) is accused or convicted of an offense (a) in violationof any county, city or town ordinance within the Commonwealth, (b) againstthe laws of the Commonwealth or (c) against the laws of any other state orcountry, or (2) is a witness held in any case in which the Commonwealth is aparty and who is confined in a state or local correctional facility, may betransferred by the Director, subject to the provisions of 53.1-20, to anyother state or local correctional facility which he may designate.

B. The following limitations shall apply to the transfer of persons into thecustody of the Department:

1. No person convicted of violating 20-61 shall be committed or transferredto the custody of the Department.

2. No person who is convicted of any violation pursuant to Article 9 (46.2-355.1 et seq.) of Chapter 3 of Title 46.2 shall be committed ortransferred to the custody of the Department without the consent of theDirector.

3. No person who is convicted of a misdemeanor or a felony and receives ajail sentence of twelve months or less shall be committed or transferred tothe custody of the Department without the consent of the Director.

4. Beginning July 1, 1991, and subject to the provisions of 53.1-20, noperson, whether convicted of a felony or misdemeanor, shall be transferred tothe custody of the Department when the combined length of all sentences to beserved totals two years or less, without the consent of the Director.

(Code 1950, 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code 1950, 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c. 648;1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44, 45;1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945, 987.)