53.1-206 - When prisoner surrendered as witness; certificate. - Virginia Statutes

§ 53.1-206. When prisoner surrendered as witness; certificate.

Prisoners may be surrendered as witnesses if a judge of any court of recordof the United States or of the District of Columbia, or of any statecertifies under the seal of such court that:

1. There is a criminal prosecution pending in such court or that a grand juryinvestigation has commenced or is about to commence;

2. A person confined in any state correctional facility in Virginia is amaterial witness in such prosecution or grand jury investigation, and hispresence will be required at a time stated;

3. The officer presenting the certificate is authorized to receive custody ofsuch prisoner and will retain him in his custody until his return to thisCommonwealth; and

4. The prisoner will be safely returned to the custody of the Director atsuch state correctional facility, as the Director may direct.

Upon presentation of such certificate to the Director, if he is of theopinion that the ends of justice will be promoted thereby, the Director may,with the approval of the Governor, surrender the prisoner into the custody ofthe officer named in the certificate.

(Code 1950, § 53-301; 1970, c. 648; 1982, c. 636.)