CHAPTER 482

An Act to amend the Code of Virginia by adding in Title 58 a chapter
numbered 5.1, consisting of sections numbered 58-128.1 through
58-128.5, directing the Department of Welfare and Institutions to
establish a penal institution for the purposes of confining and re-
habilitating certain persons and having certain diagnostic and treat-

[H 98]
Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 58 a chapter
cima ered 5.1, consisting of sections numbered 53-128.1 through 53-128.5,
as follows:

CHAPTER 65.1

§ 53-128.1. The Department of Welfare and Institutions, referred
to hereinafter as the Department, shall establish, staff and maintain an
Institution for the rehabilitation, training and confinement of persons
committed to the Department under the provisions of § 19.1-295.1 et seq.
and determined by the Department to have the potential for rehabilitation
which justifies their confinement and treatment therein, when funds and
facilities are provided by the General Assembly.

_ _.§ 58-128.2. The Department shall establish and maintain at such
institution the following:

_ (a) programs and facilities for counselling, education and vocational
training designed for the rehabilitation of prisoners confined therein as
well as sufficient facilities for their secure confinement; and

(b) facilities for the study, testing and diagnosis of the following
persons and for reporting the results thereof as required:

(i) persons committed to the Department under the provisions of
§ 19.1-295.1 et seq. and confined at such institution for a determination
ro to the likelihood of their benefitting from the program of such institu-

n; an

(ii) persons confined therein and confined elsewhere in the State
penal system under the indeterminate period of commitment authorized
by § 19.1-295.1 et seq. to evaluate their progress periodically and to de-
termine their readiness for release; and

(iii) persons committed to the Department for diagnosis under the
provisions of § 19.1-295.6 prior to a determination of punishment.

§ 53-128.3. The Department shall give careful consideration to the
report developed at the diagnostic facilities established under § 53-128.2
im determining whether persons committed to it under the provisions of
8 19.1-295.1 et seq. are to be confined at such institution or elsewhere in
the State penal system.

§ 63-128.4. Any person confined by the Department in the institution
established under the provisions of this chapter may be transferred from
such institution to other facilities of the State penal system for the re-
mainder of the period of commitment under § 19.1-295.1 et seq., upon a
finding by the Department that his intractable behavior indicates he will
not benefit from the programs of such institution.

_ _.§ 53-128.5. In no case shall a person previously confined in such
institution, whether for a different or the same offense, be confined therein
again, except for purposes of study, testing and diagnosis. The provisions
of §§ 53-213 and 53-220 relating to time off for good behavior or extra-
ordinary service shall not apply to persons confined in such institution;
but acts performed by such persons which would earn credit for them
under § 53-220, if it were applicable, shall be noted on their record by
the authorities of such institution. The provisions of § 53-220.1 shall apply
mutatis mutandis so that an allowance for labor may be paid such persons.