Virginia Code 53.1-160: Notice to be given upon prisoner release, escape, etc.
A. Prior to the release or discharge of any prisoner, the Department shall have notice of the release or discharge delivered by first-class mail or by electronic means to the court that committed the person to the Department of Corrections and to the sheriff, chief of police, and attorney for the Commonwealth (i) of the jurisdiction in which the offense occurred, (ii) of the jurisdiction in which the person resided prior to conviction, and (iii), if different from clauses (i) and (ii), of the jurisdiction in which the person intends to reside subsequent to being released or discharged. Such notice shall include, but not be limited to, identification of the specific offense or offenses for which the prisoner had been sentenced, the term or terms of imprisonment imposed, and the date the prisoner was committed to the Department of Corrections.
Terms Used In Virginia Code 53.1-160
- Conviction: A judgement of guilt against a criminal defendant.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
The Department shall (a) have notice of the release or discharge of any prisoner delivered by first-class mail 15 days prior to any such occurrence, or by telephone if notice by first-class mail cannot be delivered 15 days prior to the occurrence; (b) give notice as soon as practicable following the transfer of any prisoner to a jail facility, a different prison facility, or any other correctional or detention facility by first-class mail or telephone; (c) give notice as soon as practicable by telephone upon the escape of a prisoner; and (d) give notice as soon as practicable by first-class mail upon the change of a prisoner’s name, to any victim, as defined in § 19.2-11.01, of the offense for which the prisoner was incarcerated or to any person designated in writing by the victim. Notice shall be given using the address and telephone number provided by the victim. For the purposes of this section, “prisoner” means a person sentenced to serve more than 30 days of incarceration or detention.
B. Fifteen days prior to the release of any prisoner to an authorized work release program or release to attend a business, educational or other related community program, the Department shall give notice to (i) the attorney for the Commonwealth, (ii) the chief law-enforcement officer of the jurisdiction in which the work on release will be performed or attendance at an authorized program will be permitted, and (iii) any victim, as defined in § 19.2-11.01, of the offense for which the prisoner was incarcerated or any person designated in writing by the victim at the address or phone number provided by the victim.
Every notice to the attorney for the Commonwealth or to the chief law-enforcement officer shall include the name, address, and criminal history of the participating prisoner, and other information upon request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
C. Notification under this section may be provided to a victim as defined in § 19.2-11.01 through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system.
No civil liability shall attach for the failure to give notice as provided in this section.
Code 1950, § 53-265.1; 1980, c. 515; 1982, c. 636; 1984, c. 155; 1989, cc. 525, 652; 1993, c. 189; 1995, c. 687; 2007, cc. 94, 109; 2013, cc. 162, 209; 2015, c. 101.