§ 53.1-70 — Jurisdiction of court to enforce orders of Board; proceedings

Virginia § 53.1-70

• Jurisdiction: Virginia
• Title 53.1: PRISONS AND OTHER METHODS OF CORRECTION
• Ch. 3: LOCAL CORRECTIONAL FACILITIES
• Art. 1: ESTABLISHMENT AND REGULATION OF FACILITIES

Text

Any circuit court in any county or city which maintains and operates any local correctional facility or lock-up, or in any county in which is situated any town which maintains and operates any local correctional facility or lock-up, affected by any such order of the Board, shall have jurisdiction to enforce such order by an injunction or other appropriate remedy at the suit of the Board. In the City of Richmond such jurisdiction shall be vested in the Circuit Court, Division I. Such proceeding shall be commenced by a petition of the Board in the name of the Commonwealth and shall, insofar as possible, conform to rules of procedure applicable to a civil action. The governing body of each county, city or town which maintains and operates any local correctional facility or lock-up affected by the order of the Board, and the officer in charge of each such facility, shall be made parties defendant. In every such proceeding the court shall hear all relevant evidence, including evidence with regard to the condition of the local correctional facility or lock-up and any other evidence bearing upon the propriety of the Board's action. The court may refuse to grant the injunction if it appears that the action of the Board was not warranted.

Legislative History

Code 1950, § 53-135; 1982, c. 636; 2005, c. 681.