53.1-70 - Jurisdiction of court to enforce orders of Board; proceedings. - Virginia Statutes

§ 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings.

Any circuit court in any county or city which maintains and operates anylocal correctional facility or lock-up, or in any county in which is situatedany town which maintains and operates any local correctional facility orlock-up, affected by any such order of the Board, shall have jurisdiction toenforce such order by an injunction or other appropriate remedy at the suitof the Board. In the City of Richmond such jurisdiction shall be vested inthe Circuit Court, Division I. Such proceeding shall be commenced by apetition of the Board in the name of the Commonwealth and shall, insofar aspossible, conform to rules of procedure applicable to a civil action. Thegoverning body of each county, city or town which maintains and operates anylocal correctional facility or lock-up affected by the order of the Board,and the officer in charge of each such facility, shall be made partiesdefendant. In every such proceeding the court shall hear all relevantevidence, including evidence with regard to the condition of the localcorrectional facility or lock-up and any other evidence bearing upon thepropriety of the Board's action. The court may refuse to grant the injunctionif it appears that the action of the Board was not warranted.

(Code 1950, § 53-135; 1982, c. 636; 2005, c. 681.)