Virginia Code 53.1-39.3: Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception.
A. It is unlawful for any correctional officer or other employee of a state correctional facility who is permitted to handle canines to use a patrol or security canine in any state correctional facility unless such correctional officer or other employee (i) reasonably believes that the use of a patrol or security canine is immediately necessary to protect any prisoner or any officer or employee from the threat of serious bodily injury or death or (ii) has the prior approval of the warden or a supervisor to use a patrol or security canine to intervene in an altercation, fight, or other incident between three or more prisoners. If feasible, the correctional officer shall provide a warning to the subject of any canine use of force prior to the deployment of a canine.
Terms Used In Virginia Code 53.1-39.3
- Correctional officer: means a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility. See Virginia Code 53.1-1
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- State correctional facility: means any correctional center or correctional field unit used for the incarceration of adult offenders established and operated by the Department of Corrections, or operated under contract pursuant to § Virginia Code 53.1-1
B. The Department shall make public any policies and regulations relating to (i) the use of canines, (ii) training requirements for both canines and the handlers of such canines, and (iii) the supervision of the officers or employees who are permitted to handle such canines.
C. The Department shall track all canine uses of force and all incidents in which canines were present or requested for assistance but no canine use of force occurred. The information collected shall be reported publicly and made available on the Department’s website.
D. The provisions of this section shall not apply to the training or use of detector canines or detector canine handlers.
E. Nothing in this section shall be construed as prohibiting the use of a canine to locate a prisoner who has escaped from a state correctional facility.
2024, c. 99.