Code of Virginia § 53.1-17.6. Inspection authority; inspection and assessment; report; safety and compliance classification.
597 words·~3 min read·
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A. The Office shall conduct periodic inspections of each facility maintained by the Department. The initial inspection of each individual facility shall be conducted by July 1, 2026, and the findings shall be publicly reported or included in the annual report established in § 53.1-17.8 .
B. An inspection of any facility may include an assessment of the following:
1. Any policies and procedures related to the care of inmates;
2. Conditions of confinement;
3. Availability of educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training;
4. Any policies and procedures related to visitation;
5. Any medical facilities and medical policies and procedures;
6. Any lockdowns at the facility in the time since the last inspection or, in the instance of the initial inspection, any lockdowns at the facility within the previous three years;
7. Staffing at the facility, including the number of staff, job assignments, the ratio of staff to inmates, and the number of staff vacancies;
8. Physical or sexual assaults at the facility in the time since the last inspection or, in the instance of the initial inspection, any physical or sexual assaults within the previous three years;
9. Inmate or staff deaths at the facility in the time since the last inspection or, in the instance of the initial inspection, any inmate or staff deaths within the previous three years;
10. Any policies and procedures related to Department staff recruitment, training, supervision, and discipline;
11. Availability of complaint and grievance forms at the facility and the accessibility of the administrative remedies process to inmates and their representatives; and
12. Any other aspect of the operation of the facility that the Office determines is necessary to assess or that relates to covered issues.
C. Upon completion of an inspection, the Office shall produce a report to be made available to the public online and to be delivered to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, and the Director. The report shall include a summary of all the factors listed in subsection B, any recommendations and a safety and compliance classification with a recommended timeline for the next inspection, and the Director's response to the inspection.
D. The levels of classification shall be as follows:
1. A Tier I classification means that the facility has clear violations of rights, risks to the safety of inmates, or a severe lack of quality programming necessary for the successful rehabilitation of individuals. Such classification shall require a subsequent inspection within 12 months.
2. A Tier II classification means that the facility has violations of rights, substandard conditions of confinement, or substandard programming options. Such classification shall require a subsequent inspection within 18 to 36 months.
3. A Tier III classification means that the facility has adequate conditions of confinement and programming options. Such classification shall require a subsequent inspection within 36 months.
E. The Department shall respond in writing to each inspection report issued by the Office within 30 days of the issuance of the report and in its response shall include a corrective action plan. The Office shall monitor the Department's compliance with the corrective action plan and may conduct further inspections or investigations as necessary to ensure such compliance.
F. Nothing in this section shall be construed to limit the ability of the Office or members of the Committee to enter and inspect a Department facility at any time, with or without advance notice, as described in §§ 53.1-17.3 and 53.1-17.4 .
2024, cc. 392 , 393 .