53.1-160 - Notice to be given upon prisoner release, escape, etc.
§ 53.1-160. Notice to be given upon prisoner release, escape, etc.
A. Prior to the release or discharge of any prisoner, the Department shallhave notice of the release or discharge delivered by first class mail to thecourt which committed the person to the Department of Corrections and to thesheriff, chief of police and attorney for the Commonwealth (i) of thejurisdiction in which the offense occurred, (ii) of the jurisdiction in whichthe person resided prior to conviction and (iii) if different from (i) and(ii), of the jurisdiction in which the person intends to reside subsequent tobeing released or discharged. Such notice shall include, but not be limitedto, identification of the specific offense or offenses for which the prisonerhad been sentenced, the term or terms of imprisonment imposed, and the datethe prisoner was committed to the Department of Corrections.
The Department shall (i) have notice of the release or discharge of anyprisoner, or of his transfer to a jail facility, a different prison facilityor any other correctional or detention facility, delivered by first-classmail fifteen days prior to any such occurrence, or by telephone if notice byfirst-class mail cannot be delivered fifteen days prior to the occurrence;(ii) give notice as soon as practicable by telephone upon the escape of aprisoner; and (iii) give notice by first-class mail upon the change of aprisoner's name, to any victim, as defined in § 19.2-11.01, of the offensefor which the prisoner was incarcerated or to any person designated inwriting by the victim. Notice shall be given using the address and telephonenumber provided by the victim. For the purposes of this section, "prisoner"means a person sentenced to serve more than thirty days of incarceration ordetention.
B. Fifteen days prior to the release of any prisoner to an authorized workrelease program or release to attend a business, educational or other relatedcommunity program, the Department shall give notice to (i) the attorney forthe Commonwealth, (ii) the chief law-enforcement officer of the jurisdictionin which the work on release will be performed or attendance at an authorizedprogram 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 persondesignated in writing by the victim at the address or phone number providedby the victim.
Every notice to the attorney for the Commonwealth or to the chieflaw-enforcement officer shall include the name, address and criminal historyof the participating prisoner, and other information upon request. Thetransmission of information shall be confidential and not subject to theVirginia 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 andNotification Everyday) System or other similar electronic or automated system.
No civil liability shall attach for the failure to give notice as provided inthis 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.)