2006 Code of Virginia § 53.1-61 - Determination whether prisoner has dependents receiving public assistance; payment of portion of ea...

53.1-61. Determination whether prisoner has dependents receiving publicassistance; payment of portion of earnings; remedies for enforcement ofsupport obligation.

A. In order to determine whether a prisoner to be released for employment asprovided in 53.1-60 has dependents receiving public assistance benefits,the Director may require such person to reveal the identity and residence ofany dependents as a condition to release. The Director shall notify any suchdependents, the local department of social services where such dependentsreside and the Commissioner of the State Department of Social Services of therelease of such person for employment. Upon request of the local departmentof social services or the Commissioner of the State Department of SocialServices, the Director shall withhold and pay over a portion of the person'searnings as provided in 53.1-60.

B. If the local department of social services or the Commissioner of theState Department of Social Services objects to the amount withheld by theDirector, the balance credited to the person's account shall be subject toall civil remedies provided by law to the local department of social servicesor the Commissioner of the State Department of Social Services for theenforcement of support of dependents receiving public assistance benefits.

C. The director of the local department of social services and theCommissioner of the State Department of Social Services or their designeesshall be permitted access to the records of the Director concerning theearnings of the prisoner.

(Code 1950, 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747.)