Virginia Code 53.1-17.9: Inmate and family support services.
A. For the purposes of this section, “family member” means a grandparent, parent, sibling, spouse or domestic partner, child, parent’s sibling, cousin, sibling’s child, grandchild, or any other person related by blood, adoption, marriage, or a fostering relationship.
Terms Used In Virginia Code 53.1-17.9
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the Director of the Department of Corrections. See Virginia Code 53.1-1
- Includes: means includes, but not limited to. See Virginia Code 1-218
- 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
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- 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
B. For the purposes of this section, covered issues include (i) sanitation in correctional facilities; (ii) access to proper nutrition and clean and adequate water supplies; (iii) habitable temperatures in correctional facilities; (iv) physical or sexual abuse from fellow inmates; (v) physical or sexual abuse from staff, contractors, or volunteers; (vi) credible threats against self from other inmates, staff, or contractors; (vii) neglect of staff or contractors that results in physical or sexual trauma; (viii) denial or violation of rights; (ix) access to visitation and communication with family and legal representation; (x) access to medical or mental health care or substance abuse treatment; (xi) access to educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training; (xii) access to the Department’s administrative remedies process for inmates and their representatives, including the availability of complaint and grievance forms and the timely, unbiased resolution of grievances; and (xiii) adequate and qualified staffing in each Department facility.
C. The Office shall provide a statewide toll-free telephone number, a mailing address, and paper and electronic forms for inmates, family members, friends, and advocates to submit complaints and inquiries regarding covered issues on behalf of an inmate incarcerated in a Department facility. Upon receipt of a complaint or inquiry, the Office shall (i) confirm receipt of such complaint or injury and (ii) make a determination and notify the complainant as to whether an investigation is warranted. Paper forms shall be made available to all inmates and shall be provided to inmates upon request to a Department employee or contractor, including when the inmate is in administrative segregation or solitary confinement. Department employees and contractors must treat such paper forms as confidential and privileged in the same manner as legal correspondence or communication. All incoming and outgoing inmate mail is subject to the Department’s security screening processes and procedures. The Office and Director shall guarantee that calls made by inmates, employees, and contractors to file complaints and inquiries with the Office regarding covered issues are confidential and are not monitored or recorded.
D. The provisions of subsection I of § 53.1-17.7 shall apply to complaints or inquiries made pursuant to this section.
E. The Ombudsman shall develop a short-term and long-term strategic plan that (i) is informed by visits to Department facilities, at least two public meetings, consultation with stakeholders, and review of best practices in other states; (ii) includes procedures for coordination with existing employees at the Office of the State Inspector General and the Department, in collaboration with those employees and with the goal of complementing existing efforts; and (iii) includes potential options and recommendations for legislation and budget actions that would support its short-term and long-term goals. The Office shall provide a report on its initial activities and strategic plan to the Governor and the General Assembly on or before November 15, 2025.