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2022 SESSION
22100971DBe it enacted by the General Assembly of Virginia:
1. That § 53.1-1.1 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-1.1. Telephone systems within correctional facilities.
A. The Department of
Corrections shall offer debit or prepaid
telephone systems, in addition to any existing collect calling systems, which
allow telephone calls to be placed to the telephone number or numbers on an
approved call list. Such telephone systems may be established with the
lowest available rates.
B. No records of communications made from such telephone systems, including audio recordings or transcripts, shall be disclosed to any person unless a search warrant is issued in accordance with the provisions of Chapter 5 (§ 19.2-52 et seq.) of Title 19.2, except that an inmate or an attorney representing an inmate shall have access to such inmate's records upon request of the inmate.
C. Each correctional facility shall create and maintain an audit log for each inmate for the purpose of tracking access to the recordings or transcripts of an inmate's telephonic, electronic, or messaging communications. Such audit log shall (i) identify each disclosed record and (ii) include a copy of the search warrant issued in order to obtain such records.
Any records of communications obtained in violation of this section shall not be admissible as evidence in a criminal prosecution or civil action.