Virginia HB 281: Prisoners; medical care.

Bill Text

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2021 SESSION

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20100702D

HOUSE BILL NO. 281 

Offered January 8, 2020 

Prefiled December 30, 2019 

A BILL to amend and reenact � 53.1-32 of the Code of Virginia, 
 relating to prisoners; medical care. 
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Patrons-- Hope, Kory and Guzman 

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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 � 53.1-32 of the Code of Virginia is amended and 
 reenacted as follows:

� 53.1-32. Treatment and control of prisoners; recreation; 
 religious services.

A. It shall be the general purpose of the state correctional 
 facilities to provide proper employment, training and education in accordance 
 with this title, medical and mental health care and treatment, discipline and 
 control of prisoners committed or transferred thereto. The health service 
 program established to provide medical services to prisoners shall provide for appropriate means by which prisoners receiving 
 nonemergency medical services may pay fees 
 based upon a portion of the 
 to such prisoners at no 
 cost of such services. 
 In no event shall any prisoner be denied medically necessary service due to his 
 inability to pay. The Board shall promulgate regulations governing such a 
 program.

B. The Department of Corrections shall establish and maintain 
 a treatment program for prisoners convicted pursuant to Article 7 (� 18.2-61 et 
 seq.) of Chapter 4 of Title 18.2 and committed to its custody. The program 
 shall include a clinical assessment of all such prisoners upon receipt into the 
 custody of the Department of Corrections and the development of appropriate 
 treatment plans, if indicated. A licensed psychiatrist or licensed clinical 
 psychologist who is experienced in the diagnosis, treatment, and risk 
 assessment of sex offenders shall oversee the program and the program shall be 
 administered by a licensed psychiatrist, licensed clinical psychologist, or a 
 licensed mental health professional who is a certified sex offender treatment 
 provider as defined in � 54.1-3600.

C. The Director shall provide a program of recreation for 
 prisoners. The Director may establish, with consultation from the Department of 
 Behavioral Health and Developmental Services, a comprehensive substance abuse 
 treatment program which may include utilization of acupuncture and other 
 treatment modalities, and may make such program available to any prisoner 
 requiring the services provided by the program.

D. The Director or his designee who shall be a state employee 
 is authorized to make arrangements for religious services for prisoners at 
 times as he may deem appropriate. When such arrangements are made pursuant to a 
 contract or memorandum of understanding, the final authority for such 
 arrangements shall reside w