Chap. 258.—An ACT to amend the Code of Virginia by adding thereto a
new section numbered 1903-a providing for the disposition and care of ex-
pectant mothers who are prisoners in any penal institution in this State and
for the care of such children born of such prisoners. [S B 169]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That a new
section be and it is hereby added to the Code of Virginia numbered
nineteen hundred and three-a and to read as follows:

Section 1903-a. If a representation is made to the officer in charge
of any penal institution that a woman confined in such penal institution
is pregnant and about to give birth to a child, a reasonable time before
the anticipated birth of such child, such officer shall make careful in-
quiry and, if the facts so require, recommend to the governor exercise
of executive clemency. The governor may, without notice, parole such
convict, commute the sentence or suspend its execution for a definite
period or from time to time as he deems proper. If the sentence is
suspended, the officer in charge of such institution, a reasonable time
before the anticipated birth of such child, shall cause such woman to be
removed from such institution and provided with comfortable accom-
modations, maintenance and medical care elsewhere under such super-
vision and safeguard to prevent her escape from custody, as he may
determine, and subject to her return to such institution as soon after
the birth of such child as the state of her health will permit. The ex-
penses of such accommodation, maintenance and medical care shall be
paid by said woman or her relatives or friends, or from any fund that
would be available for the hospital expenses of such inmate within the
institution. A child so born may be returned with its mother to the
institution in which the mother is confined, if the commissioner of
public welfare, in his judgment, deems it will be for the best interest of
the said child; but if the commissioner of public welfare, in his judg-
ment, decides that it will not be for the best interest of the child to be
returned to the institution with its mother, then, upon proof being
furnished by the father or other relatives of their ability properly to
care for and maintain such child, the said commissioner shall order
that the child be given into the care and custody of the father or other
relative, who shall thereafter care for and maintain the same at his or
her own expense until the release of the mother of such child or until
such child shall have been duly adopted as provided by law. If it
shall appear that the father or other relative is unable properly to care
for and maintain such child, the commissioner of public welfare shall
place the child in the care of any charitable organization willing to pro-
vide for the child.