{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/53.1-40.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/53.1-40.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/53.1-40.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/53.1-40.html"}],"law_id":367767,"edition_id":2,"section_id":367767,"structure_id":52421,"section_number":"53.1-40","catch_line":"Appointment of counsel for indigent prisoners","history":"Code 1950, \u00a7 53-21.2; 1972, c. 773; 1979, c. 700; 1982, c. 636; 1997, c. 207.","full_text":"The judge of a circuit court in whose county or city a state correctional facility is located shall, on motion of the attorney for the Commonwealth for such county or city, when he is requested so to do by the superintendent or warden of a state correctional facility, appoint, for a period of no less than thirty days nor more than one year, one or more discreet and competent attorneys-at-law to counsel and assist indigent prisoners therein confined regarding any legal matter relating to their incarceration.\n\nAn attorney so appointed shall be paid as directed by the court from the criminal fund reasonable compensation on an hourly basis and necessary expenses based upon monthly reports to be furnished the court by him.\n\n","order_by":null,"text":{"0":{"id":1368991,"text":"The judge of a circuit court in whose county or city a state correctional facility is located shall, on motion of the attorney for the Commonwealth for such county or city, when he is requested so to do by the superintendent or warden of a state correctional facility, appoint, for a period of no less than thirty days nor more than one year, one or more discreet and competent attorneys-at-law to counsel and assist indigent prisoners therein confined regarding any legal matter relating to their incarceration.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1368992,"text":"An attorney so appointed shall be paid as directed by the court from the criminal fund reasonable compensation on an hourly basis and necessary expenses based upon monthly reports to be furnished the court by him.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52421,"edition_id":2,"name":"Treatment and Privileges of Prisoners","identifier":"2","label":"article","depth":3,"order_by":2,"parent_id":52400,"metadata":{"child_laws":20,"child_structures":0},"date_created":"2026-08-02 02:58:35","date_modified":"2026-08-02 12:34:45","permalink":{"id":1464955,"object_type":"structure","relational_id":52421,"identifier":"2","token":"53.1\/2\/2","url":"\/53.1\/2\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52400,"edition_id":2,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":2,"parent_id":52379,"metadata":{"child_laws":99,"child_structures":11},"date_created":"2026-08-02 02:58:25","date_modified":"2026-08-02 12:34:45","permalink":{"id":1464863,"object_type":"structure","relational_id":52400,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52379,"edition_id":2,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":117,"parent_id":null,"metadata":{"child_laws":402,"child_structures":56},"date_created":"2026-08-02 02:58:08","date_modified":"2026-08-02 12:34:44","permalink":{"id":1464593,"object_type":"structure","relational_id":52379,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367734,"structure_id":52421,"section_number":"53.1-32","catch_line":"Treatment and control of prisoners; recreation; religious services","url":"\/53.1-32\/","token":"53.1\/2\/2\/53.1-32","metadata":false},{"id":367731,"structure_id":52421,"section_number":"53.1-32.01","catch_line":"Payment for bodily injury","url":"\/53.1-32.01\/","token":"53.1\/2\/2\/53.1-32.01","metadata":false},{"id":367732,"structure_id":52421,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","url":"\/53.1-32.1\/","token":"53.1\/2\/2\/53.1-32.1","metadata":false},{"id":367733,"structure_id":52421,"section_number":"53.1-32.2","catch_line":"Reentry planning","url":"\/53.1-32.2\/","token":"53.1\/2\/2\/53.1-32.2","metadata":false},{"id":367736,"structure_id":52421,"section_number":"53.1-33","catch_line":"Physical examination of prisoner; ability to work","url":"\/53.1-33\/","token":"53.1\/2\/2\/53.1-33","metadata":false},{"id":367735,"structure_id":52421,"section_number":"53.1-33.1","catch_line":"Mandatory testing for human immunodeficiency virus","url":"\/53.1-33.1\/","token":"53.1\/2\/2\/53.1-33.1","metadata":false},{"id":367737,"structure_id":52421,"section_number":"53.1-34","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-34\/","token":"53.1\/2\/2\/53.1-34","metadata":false},{"id":367740,"structure_id":52421,"section_number":"53.1-35","catch_line":"Correspondence privileges; receipt of publications","url":"\/53.1-35\/","token":"53.1\/2\/2\/53.1-35","metadata":false},{"id":367738,"structure_id":52421,"section_number":"53.1-35.1","catch_line":"Electronic visitation and messaging with inmates","url":"\/53.1-35.1\/","token":"53.1\/2\/2\/53.1-35.1","metadata":false},{"id":367739,"structure_id":52421,"section_number":"53.1-35.2","catch_line":"Visitation of certain prisoners by minor dependents","url":"\/53.1-35.2\/","token":"53.1\/2\/2\/53.1-35.2","metadata":false},{"id":367741,"structure_id":52421,"section_number":"53.1-36","catch_line":"Prisoners may assist in medical research programs","url":"\/53.1-36\/","token":"53.1\/2\/2\/53.1-36","metadata":false},{"id":367742,"structure_id":52421,"section_number":"53.1-37","catch_line":"Furloughs generally; travel expenses; penalties for violations","url":"\/53.1-37\/","token":"53.1\/2\/2\/53.1-37","metadata":false},{"id":367743,"structure_id":52421,"section_number":"53.1-38","catch_line":"When ineligible for furloughs","url":"\/53.1-38\/","token":"53.1\/2\/2\/53.1-38","metadata":false},{"id":367747,"structure_id":52421,"section_number":"53.1-39","catch_line":"Certain punishment of prisoners prohibited","url":"\/53.1-39\/","token":"53.1\/2\/2\/53.1-39","metadata":false},{"id":367744,"structure_id":52421,"section_number":"53.1-39.1","catch_line":"Restrictive housing; data collection and reporting; report","url":"\/53.1-39.1\/","token":"53.1\/2\/2\/53.1-39.1","metadata":false},{"id":367745,"structure_id":52421,"section_number":"53.1-39.2","catch_line":"Restorative housing; restrictions on use","url":"\/53.1-39.2\/","token":"53.1\/2\/2\/53.1-39.2","metadata":false},{"id":367746,"structure_id":52421,"section_number":"53.1-39.3","catch_line":"Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception","url":"\/53.1-39.3\/","token":"53.1\/2\/2\/53.1-39.3","metadata":false},{"id":367767,"structure_id":52421,"section_number":"53.1-40","catch_line":"Appointment of counsel for indigent prisoners","url":"\/53.1-40\/","token":"53.1\/2\/2\/53.1-40","metadata":false},{"id":367749,"structure_id":52421,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","url":"\/53.1-40.01\/","token":"53.1\/2\/2\/53.1-40.01","metadata":false},{"id":367750,"structure_id":52421,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","url":"\/53.1-40.02\/","token":"53.1\/2\/2\/53.1-40.02","metadata":false}],"previous_section":{"id":367746,"structure_id":52421,"section_number":"53.1-39.3","catch_line":"Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception","url":"\/53.1-39.3\/","token":"53.1\/2\/2\/53.1-39.3","metadata":false},"next_section":{"id":367749,"structure_id":52421,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","url":"\/53.1-40.01\/","token":"53.1\/2\/2\/53.1-40.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1972, chapter 773; in 1979, chapter 700; in 1982, chapter 636; in 1997, chapter 207<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1465025,"object_type":"law","relational_id":367767,"identifier":"53.1-40","token":"53.1\/2\/2\/53.1-40","url":"\/53.1-40\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/53.1-40\/","token":"53.1\/2\/2\/53.1-40","dublin_core":{"Title":"Appointment of counsel for indigent prisoners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The judge<\/span> of a circuit<\/span> court<\/span> in whose county or city a state correctional facility<\/span> is located shall, on motion<\/span> of the attorney for the Commonwealth for such county or city, when he is requested so to do by the superintendent or warden of a state correctional facility<\/span>, appoint, for a period of no less than thirty days nor more than one year, one or more discreet and competent attorneys-at-law<\/span> to counsel<\/span> and assist indigent<\/span> prisoners therein confined regarding any legal matter relating to their incarceration.<\/p>

An attorney so appointed shall be paid as directed by the court<\/span> from the criminal fund reasonable compensation on an hourly basis and necessary expenses based upon monthly reports to be furnished the court<\/span> by him.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF COUNSEL FOR INDIGENT PRISONERS (\u00a7 53.1-40)\n\nThe judge of a circuit court in whose county or city a state correctional\nfacility is located shall, on motion of the attorney for the Commonwealth for\nsuch county or city, when he is requested so to do by the superintendent or\nwarden of a state correctional facility, appoint, for a period of no less than\nthirty days nor more than one year, one or more discreet and competent\nattorneys-at-law to counsel and assist indigent prisoners therein confined\nregarding any legal matter relating to their incarceration.\n\nAn attorney so appointed shall be paid as directed by the court from the\ncriminal fund reasonable compensation on an hourly basis and necessary expenses\nbased upon monthly reports to be furnished the court by him.\n\nHISTORY: Code 1950, \u00a7 53-21.2; 1972, c. 773; 1979, c. 700; 1982, c. 636; 1997,\nc. 207.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}