Virginia HB 1041: DOC; powers and duties of Director, Virginia Prison Education Task Force established, report.

Bill Text

2026 SESSION

INTRODUCED

26104920D

HOUSE BILL NO. 1041

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact § 53.1-10 of the Code of Virginia, relating to Department of Corrections; functional literacy program for inmates; data sharing and tracking; salary schedules for teachers; Virginia Prison Education Task Force established; report.

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Patrons—Carr, Cousins, Glass, Price, Simon and Thornton

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That § 53.1-10 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-10. Powers and duties of Director.

The Director shall be the chief executive officer of the Department and shall have the following duties and powers:

1. To supervise and manage the Department and its system of state correctional facilities;

2. To implement the standards and goals of the Board as formulated for local and community correctional programs and facilities and lock-ups;

3. To employ such personnel and develop and implement such programs as may be necessary to carry out the provisions of this title, subject to Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, and within the limits of appropriations made therefor by the General Assembly;

4. To establish and maintain a general system of schools for persons committed to the institutions and community-based programs for adults as set forth in § 53.1-67.9. Such system shall include, as applicable, elementary, secondary, postsecondary, career and technical education, adult, and special education schools.

a. The Director shall employ a Superintendent who will oversee the operation of educational and vocational programs in all institutions and community-based programs for adults as set forth in § 53.1-67.9 operated by the Department. The Department shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education.

b. When the Department employs a teacher licensed by the Board of Education to provide instruction in the schools of the correctional centers, the Department of Human Resource Management shall establish salary schedules for the teachers which endeavor to be competitive with those in effect for the school division in which the correctional center is located.

c. The Superintendent shall develop a functional literacy program for inmates testing below a selected grade level, which shall be at least at the twelfth grade level and include evidence-based literacy instruction, as defined by § 22.1-1. The program shall include guidelines for implementation and test administration, participation requirements, criteria for satisfactory completion, and a strategic plan for encouraging enrollment at an institution of higher education or an accredited vocational training program or other accredited continuing education program.

d. For the purposes of this section, the term "functional literacy" shall mean those educational skills necessary to function independently in society, including, but not limited to, reading, writing, comprehension, and arithmetic computation.

e. In evaluating a prisoner's educational needs and abilities pursuant to § 53.1-32.1, the Superintendent shall create a system for identifying prisoners with learning disabilities.

f. The Superintendent shall:

(1) Share data with the state entity that oversees the management, direction, and governance of the Commonwealth's education and workforce data for the purpose of developing educational, health, social service, and employment outcome data and improving the efficacy of state services; 

(2) Share data with the Virginia Community College System necessary for comprehensive community colleges to apply for and maintain eligibility as Federal Pell Grant-eligible prison education programs pursuant to 34 C.F.R. § 668.238; and 

(3) Track and publicly report at least annually the number of incarcerated individuals eligible for, enrolled in, and waitlisted for the functional literacy program required to be implemented by subdivision c.

5. a. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this title, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of this Commonwealth, and contracts with corporations, partnerships, or individuals which include, but are not limited to, the purchase of water or wastewater treatment services or both as necessary for the expansion or construction of correctional facilities;

b. Notwithstanding the Director's discretion to make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this title, upon determining that it shall be desirable to contract with a public or private entity for t