CODE OF VIRGINIA

TRANSFER OF PRISONERS TO CUSTODY OF DIRECTOR OF DEPARTMENT OF CORRECTIONS (§
19.2-310)

Every person sentenced by a court to the Department of Corrections upon
conviction of a felony shall be conveyed to an appropriate receiving unit
operated by the Department in the manner hereinafter provided. The clerk of the
court in which the person is sentenced shall forthwith transmit to the Central
Criminal Records Exchange the report of dispositions required by § 19.2-390.
The clerk of the court within 30 days from the date of the judgment shall
forthwith transmit to the Director of the Department a certified copy or copies
of the order of trial and a certified copy of the complete final order, and if
he fails to do so shall forfeit $ 50. The clerk of the court may transmit or
make available a copy or copies of such orders electronically. Such copy or
copies shall contain, as nearly as ascertainable, the birth date of the person
sentenced. The sheriff shall certify to the Director of the Department any jail
credits to which the person to be confined is entitled at such time as that
person is transferred to the custody of the Director of the Department.Following
receipt of the order of trial and a certified copy of the complete final order,
the Director or his designee shall dispatch a correctional officer to the county
or city with a warrant directed to the sheriff authorizing him to deliver the
prisoner to the correctional officer whose duty it shall be to take charge of
the person and convey him to an appropriate receiving unit designated by the
Director or his designee. The Director or his designee shall allocate space
available in the receiving unit or units by giving first priority to the
transportation, as the transportation facilities of the Department may permit,
of those persons held in jails who in the opinion of the Director or his
designee except as required by § 53.1-20 require immediate transportation to a
receiving unit. In making such a determination of priority, the Director shall
give due regard to the capacity of local as well as state correctional
facilities and, to the extent feasible, shall seek to balance between local and
state correctional facilities the excess of prisoners requiring detention.

HISTORY: 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; 2010, c. 352; 2011, c. 470.