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I. PURPOSE
This operating procedure establishes protocols for the management of financial resources belonging to
offenders incarcerated in Department of Corrections facilities including provisions for indigent offenders,
for making payments from offender accounts, and for outside financial accounts belonging to offenders.
II. COMPLIANCE
This operating procedure applies to all facilities operated by the Department of Corrections (DOC).
Practices and procedures shall comply with applicable State and Federal laws and regulations, Board of
Corrections policies and regulations, ACA standards, PREA standards, and DOC directives and operating
procedures.
III. DEFINITIONS
Community Corrections Facility - A residential facility operated by the Department of Corrections to
provide Community Corrections Alternative Programs
Day - Any 24-hour day regardless of weekends or holidays
Facility - Any Community Corrections facility or institution
Funds - Negotiable instruments, including, but not limited to, cash, checks, money orders, lottery tickets,
savings, treasury or other bonds, stock certificates, certificates of deposit, etc.
Indigent Offender - An offender with less than $5.00 in their offender account for discretionary spending
during the previous month and has no job or other source of income that provided as much as $5.00 during
the previous month; an offender who is newly received into a facility and does not have available funds nor
hygiene items.
Institution - A prison facility operated by the Department of Corrections - includes major institutions, field
units, and work centers.
Personal Financial Documents - Documents that include, but are not limited to, credit cards, checkbooks,
savings passbooks. For the purposes of this procedure, these do not include financial account statements or
credit reports.
Working Day - Weekdays, Monday through Friday, except official state holidays
IV. PROCEDURE
A. Provisions for Indigent Offenders
1. When entering Reception Centers, Community Corrections facilities, or transferring between
facilities, offenders shall qualify as indigent if they have no available funds and no hygiene items.
Transferring offenders, who arrive prior to receipt of their offender account funds, may submit an
Offender Trust System - Advance Request 802_F8 to request a loan against their funds in accordance
Operating
Procedure
Effective Date
June 1, 2016
Amended
4/3/17, 7/6/17, 10/26/17, 2/12/18, 11/1/18,
2/1/19
Number
802.2
Operating Level
Department
Supersedes
Operating Procedure 802.2 (6/1/13)
Authority
COV §20-88.32 et seq., §34-29, §53.1-10, §53.1-32, §53.1-41,
§53.1-42, §53.1-43, §53.1-43.1, §53.1-44, §53.1-60.1, §53.1-190
Subject
O
FFENDER
F
INANCES
ACA/PREA Standards
4-4031, 4-4044, 4-4045, 4-4046, 4-4047, 4-4292, 4-4342;
4-ACRS-7D-17, 4-ACRS-7D-30, 4-ACRS-7D-31; 2-CO-1B-05,
2-CO-1B-14
Incarcerated Offender Access
Yes No
FOIA Exempt Yes No
Attachments Yes
#1 No
Office of Primary Responsibility
DOC Chief Financial Officer
Operating Procedure: 802.2
June 1, 2016
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with the Inmate Trust System Policies and Procedures Manual. If an offender has no personal
hygiene items in their possession and cannot make a commissary purchase, the offender may be
provided such items as are necessary until access to the commissary is available.
2. Each facility will include information on how to apply for and receive indigent services in their
Offender Orientation Handbook.
3. An offender who meets the definition for "indigent offender" in accordance with this operating
procedure may submit a Request for Indigent Services to receive needed items. (4-4342, 4-ACRS-
7D-31) Attachment 1 is a sample Request for Indigent Services that may be modified to meet facility
needs.
4. The following should be available to eligible indigent offenders: (4-4342)
Toothbrush
Toothpaste or denture cleaner and adhesive
Shampoo
Deodorant
Comb
Razor (except in special housing)
Bar soap
Correspondence package (paper, pen, envelopes)
Legal package (paper, pen, carbon paper, manila envelope)
Free letter postage (one - one ounce, domestic, first class letter) as provided in Operating
Procedure 803.1, Offender Correspondence.
5. The Facility Unit Head should establish appropriate items and quantities of consumable items for
distribution based on the facility population and security level. Non-consumable items, such as
toothbrushes and combs, should be exchanged when worn out or damaged.
6. When an offender is unable to pay for copies in response to a Court requirement, copies should be
provided and the cost debited to the offender's account. Any offender who has an account debit in
excess of $50 for photocopies will not be provided any further photocopies unless the offender
presents a Court order instructing the facility to provide the offender additional photocopying service
loans.
7. Offenders unable to pay the required fees to obtain their original Birth Certificate, DMV
Identification Card, or certified copies of marriage, divorce, or other court issued name-change
documents will have the fee charged as a loan to their Offender Trust Account.
8. Any indigent offender, after having chosen to participate in Ramadan or NOI Month of Fasting, who
seeks a meal tray between dawn and sunset during the religious fast of Ramada shall be assessed the
cost, charged as a loan to their Offender Trust Account, of a Ramadan meal for each meal received
outside of their religious observance (currently $0.70 per meal).
9. Hearing aid batteries will be supplied in the Medical Department without a co-payment charge.
10. Diversion Center offenders without sufficient funds may receive a one-time loan when they start to
work, if needed. This loan is intended to allow the offender to purchase work related items and meet
other initial employment expenses. (4-ACRS-7D-31)
B. Offender Trust Accounts
1. Offender Trust Accounts will be operated in accordance with the requirements of the Code of
Virginia and the Board of Corrections.
a. This operating procedure ensures that the collection, safeguarding, and disbursement of monies in
Offender Trust Accounts comply with the accounting procedures established in the Inmate Trust
System Policy and Procedure Manual. (4-4031, 4-4045, 4-4292, 4-ACRS-7D-17, 2-CO-1B-05)
b. Any interest earned on Offender Trust Accounts will accrue to the benefit of the offender
population but will not be paid to individual offenders. (4-4044, 2-CO-1B-14)
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June 1, 2016
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2. The purpose of the Offender Trust Account is to hold monies earned by offenders for work
performed while committed to the DOC and to allow them to use such earnings to pay legal
obligations, to purchase goods from the commissary and other DOC Contract Vendors, to send to
individuals and entities designated by the offender, and to provide an allowance to them upon their
release.
3. As a convenience for offenders, the DOC also allows money sent to offenders from outside sources
to be placed on their Offender Trust Account. Any approved funds received at the facility will be
deposited in the Offender Trust Fund and offenders are permitted to send funds from their Offender
Trust Account to interest bearing private accounts maintained with outside financial institutions in
accordance with the Outside Accounts Section of this operating procedure.
4. Use of the Offender Trust Account is a service provided to offenders for which no administrative
fees are charged.
5. No one other than governmental agencies and vendors (refund checks) may send funds, Securepak
packages, and other items of monetary value to more than one offender without prior approval of
each Facility Unit Head.
6. Offenders are not permitted to transfer funds from their accounts to the accounts of other offenders
or to send or receive funds from other offenders, other offenders’ families or visitors, staff, or
volunteers without the prior approval of the Facility Unit Head. Both Facility Unit Heads must
approve if the transaction involves another correctional facility. (4-4047, 4-ACRS-7D-30)
7. Handling of unauthorized funds when the sender cannot be determined or the sender is unauthorized:
a. If the sender cannot be determined, unauthorized funds should be confiscated and routed to the
facility Commissary Fund for the benefit of the offenders in accordance with the Inmate Trust
System Policy and Procedure Manual and COV §53.1-26.
b. If the sender is unauthorized, unauthorized funds should be returned to the sender. If there is
evidence of efforts to circumvent DOC operating procedures, the Facility Unit Head or designee
may approve for unauthorized funds to be confiscated and routed to the facility Commissary Fund
for the benefit of the offenders in accordance with the Inmate Trust System Policy and Procedure
Manual and COV §53.1-26.
8. Deposits to and withdrawals from offender accounts will be monitored for suspicious transactions or
other unusual activity in accordance with established procedures.
9. The facility business office will generate an account statement for each offender once per month by
the first day of the following month and provide a copy to the offender within five days.
C. Payments into Offender Trust Accounts
1. Offenders will be paid for work performed in accordance with the Inmate Payroll System Policies
and Procedures Manual, Operating Procedure 841.2, Offender Work Programs, and Board of
Corrections Policy 20-7, Offender Pay.
2. Paychecks for offenders in Diversion Centers or other work release style programs shall be delivered
by the employer directly to the facility.
a. The employer shall not give any pay directly to the offender.
b. The offender shall receive a statement of earnings either from the employer or from the facility.
c. Offenders shall not have any payroll deductions other than taxes, Worker’s Compensation, and
court-ordered child support without prior approval from the Facility Unit Head.
3. Offenders may receive monies through the mail from authorized outside sources i.e., businesses,
government agencies, and outside financial institutions in accordance with the Outside Accounts
section of this operating procedure, for deposit in their account in accordance with Operating
Procedure 803.1, Offender Correspondence.
4. Money orders and certified/ cashier’s checks from individuals must be sent to a vendor contracted by
Operating Procedure: 802.2
June 1, 2016
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the DOC for this purpose. Money orders and checks, except those from authorized sources, received
at a facility will be rejected and returned to the sender with instructions on how to process their
money order through JPay.
5. Offenders in institutions may receive funds through electronic transfer using JPay or through use of
the JPay Lockbox service.
a. Funds may be sent on-line at www.jpay.com or by telephone at 1-800-574-5729 using a credit or
debit card.
b. Funds may be sent using cash at a MoneyGram location such as Wal-Mart or CVS.
c. Money orders and certified/ cashier’s checks with a completed deposit slip may be mailed to the
JPay Lockbox. Deposit slips are available online at www.jpay.com or by telephone request to 1-
866-333-5729.
d. Monies will be credited to offender’s account within two working days of notification of receipt
of funds by the facility. The funds are 100% guaranteed by JPay.
6. Whenever an offender receives what appears to be a government check (i.e. Federal or State), an
inquiry should be made by the facility with the issuing agency to verify the validity of the payment.
General guidance on the effects of incarceration on government payments includes:
a. Under no circumstances can a convicted felon who is incarcerated receive Social Security
payments
b. On the sixty-first day of imprisonment for any reason, all Veterans Administration (VA) pension
payments cease
c. On the sixty-first day of imprisonment as a result of a felony, other VA compensation payments
are reduced to a fraction of the normal amount
d. Tax refunds from the Internal Revenue Service and from states would be legitimate only if the
offender earned taxable income during that year
e. Other government pension and compensation may or may not be affected by the offender’s
incarceration.
7. The facility should report to the Special Investigations Unit any funds received for an offender if the
source of the funds is suspicious or if there is a question of whether the offender is entitled to receive
the funds.
8. Compensation received for participating in work programs, funds received from other sources, and
charges debited or loaned will be paid into or withheld from the Offender Trust Account as follows:
a. Hold account - 10% of an offender's pay withheld until $25.00 is accumulated, to be paid to the
offender upon release, in accordance with Operating Procedure 050.3, Facility Release of
Offenders.
b. Court Obligation account - Code of Virginia §53.1-41(B) requires the Department of Corrections
to withhold funds from offender pay to be applied toward any Court imposed fines, costs,
forfeitures, restitution, or penalties the offender may owe. Each offender that owes fines, costs,
forfeitures, restitution, or penalties will have 5% of their pay from work, treatment, and education
withheld to be paid to the sentencing Court(s) annually or upon release from incarceration.
c. Savings (Personal Trust) account - Code of Virginia §53.1-43.1 requires the Department of
Corrections to withhold 10% of all incoming funds until $1000 is accumulated, to be paid to the
offender upon release.
d. Reserve account - funds withheld for authorized payments see the Disbursement Priorities
section of this operating procedure.
e. Loans and other charges - funds withheld for the repayment of debits against the offender's
account for medical co-pay, legal postage, birth certificate, DMV Identification Card, certified
copies of marriage, divorce, or other Court-issued name-change documents, Ramadan or NOI
Month of Fasting meals, legal copies, disciplinary fines and payments for property damage or
Operating Procedure: 802.2
June 1, 2016
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bodily injury assessed in accordance with Offender Disciplinary Procedures, and other charges,
debits, or loans.
f. Spend account - all other funds that are available for the offender to use at their discretion
D. Disbursement Priorities - Payments from offender accounts will be prioritized and paid out in the
following order:
1. Child support and alimony payments for which there is a valid Virginia or out-of-state Court order or
an administrative support order received from the Division of Child Support Enforcement of the
Virginia Department of Social Services or from another state, in accordance with the Uniform
Interstate Family Support Act (COV §20-88.32 et seq.).
a. Child support orders to seize all assets will include all monies in the offender’s spend and savings
accounts.
b. When the Court order is received, all seized monies will be transferred to the offender’s reserve
account.
c. All subsequent deposits received will be seized until the demand for payment is received.
2. Court ordered fees, fines, costs, restitution, garnishments, notices of tax lien, or other judgments
against the offender, or an administrative order as authorized by law.
a. All institutional offenders shall have 5% of their pay from work, treatment, and education
withheld to be paid to the sentencing Court(s); see Court Obligation account section of this
operating procedure.
b. Diversion Centers shall place 15% of each paycheck in the offender’s reserve account to pay
court ordered fines, costs, and restitution.
c. A check for the total sum collected will be paid to the Court(s) when the offender leaves the
program.
d. If an excess is withheld, the amount left over after all Court ordered fines, costs, and restitution
are paid will be added to the offender’s spend account and included in the offender’s release
check.
3. Transportation and Room and Board payments owed to the facility. (Diversion Centers and other
work release style programs)
4. Payment of DOC imposed debits/loans against the offender's account in the following order:
a. Reimbursement of advances against transferred funds
b. Medical co-pay charges
c. Disciplinary penalties for payment for property damage/bodily injury in accordance with the
Offender Disciplinary Procedures
d. Disciplinary penalties assessing fines in accordance with the Offender Disciplinary Procedures
e. Loans for legal postage, legal copies, replacement ID cards (currently $2.00), etc.
f. Any other debits, fees or loans against the account
5. Discretionary purchases and withdrawals at the offender's request
E. Hold Account Funds (Institutional offenders only)
1. Hold Account Funds (up to $25.00) are set aside from an offender's pay to offset the
Commonwealth's supplement to the discharge allowance authorized by COV §53.1-190 and shall be
held until the offender's release.
2. Hold Account Funds should not be transferred from an offender’s permanently assigned facility
when the offender is temporarily housed at another facility.
3. Funds in an offender's Hold Account are not available for payments for Court ordered or other
mandatory fees, co-pay, loans, or other charges assessed against the offender's account, or for any
discretionary spending or withdrawals by the offender.
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June 1, 2016
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4. Offenders with a death sentence, a life sentence without eligibility for parole, sentenced to a term
that makes them ineligible for release (excluding the conditional release of geriatric prisoners
pursuant to § 53.1-40.01) prior to being 75 years of age, or serving an out-of-state sentence are
exempted from having a hold account in accordance with Board Policy 20-7, Offender Pay. If an
offender’s status changes, the withholding shall begin on the date of the status change.
F. Savings (Personal Trust) Account (Institutional offenders only)
1. Ten percent of any funds received by an offender from any source, excluding vendor refunds and
Veteran’s Administration (VA) benefits, shall be deposited by the DOC in the offender's Savings
Account until the account has a balance of $1,000. When the offender's Savings Account reaches
$1,000, funds received by the offender will no longer be automatically withheld for deposit to the
Savings Account.
2. Transfer of funds between the offender’s Spend Account and Savings Account
a. An offender may direct the DOC to transfer funds from the offender’s Spend Account to the
offender's Savings Account by submitting an Offender Trust System - Savings Account Transfer
Request 802_F2.
i. Transfers shall be a minimum of $10 and a balance of at least $10 must remain in the Spend
Account after the transfer.
ii. Each offender may submit only one Offender Trust System - Savings Account Transfer
Request per month.
iii. Offender Trust System - Savings Account Transfer Requests must be received in the Business
Office by the 15
th
of the month to be processed that month.
b. After the balance of a Savings Account has exceeded $1,000, an offender may direct the DOC to
transfer funds from the Savings Account to the Spend Account by submitting an Offender Trust
System - Savings Account Transfer Request 802_F2. The balance of the Savings Account shall
not fall below $1,000.
3. Except for balances in excess of $1000, funds in an offender's Savings Account are not available for
payments for Court ordered or other mandatory fees, co-pay, loans, or other charges assessed against
the offender's account, or for any discretionary spending or withdrawals by the offender. Child
support orders to seize all assets will include all monies in the offender’s Savings Account.
4. When an offender’s Trust Account is closed on discharge from DOC institutions, Savings Account
funds will be used if necessary to pay any outstanding co-pay, loans, or other charges assessed by
DOC against the offender's account.
5. Savings Account funds should not be transferred from an offender’s permanently assigned facility
when the offender is temporarily housed at another facility.
6. Offenders with a death sentence, a life sentence without eligibility for parole, sentenced to a term
that makes them ineligible for release (excluding the conditional release of geriatric offenders
pursuant to § 53.1-40.01) prior to being 75 years of age, or serving an out-of-state sentence are
exempted from having a Savings Account. If an offender’s status changes, the withholding shall
begin on the date of the status change.
a. Out of state offenders that are housed in Virginia facilities per DOC contract and are returning to
their home state for release are exempt from the ten percent savings withholding.
b. Offenders under an Interstate Compact agreement who will return to their home state for release
are exempt from the ten percent savings withholding.
c. Offenders under an Interstate Compact agreement who will be released in Virginia and not
returned to their home state shall be subject to the ten percent savings withholding of any funds
received to be deposited in the offender’s Savings Account in accordance with this operating
procedure.
G. Spend Account Funds - See Disbursement Priorities 1-4.
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June 1, 2016
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1. Discretionary Spending
a. Except for a Court order requiring that an offender’s entire trust account be seized (child support
payments), each offender shall be allowed $5.00 per month of their spend account balance for
discretionary spending (commissary and legal mail) that is not subject to payment of fines, fees,
loans, or other payments.
b. Any discretionary spending by the offender in the current calendar month will be deducted from
the $5.00 minimum balance.
2. Fines, fees, restitution, Court filing fees, other charges ordered by the courts or administrative
authority, disciplinary fines and payments for damaged property/bodily injury, repayment of loans,
and other charges against the offender's account will be paid from the offender's spend account
except for $5.00 discretionary spending (see above) for that calendar month.
3. Federal Court filing fees - offenders filing a civil action or appeal in forma pauperis are required to
pay filing fees in full as ordered by the Court.
a. An initial partial filing fee shall be 20% of the greater of (a) the average monthly deposits to the
offender’s account, or (b) the average balance of the offender’s account for the 6-month period
immediately preceding the filing.
b. After payment of the initial partial filing fee, each month that the amount in the offender’s
account exceeds $10, the offender shall be required to make monthly payments of 20% of the
preceding month’s income credited to the offender’s account.
c. Any additional initial partial filing fees shall be paid in addition to any existing monthly payment,
but the offender shall be required to make monthly payments on only one Federal Court filing fee
at a time. Once the oldest filing fee is satisfied, monthly payments will begin for the next filing
fee, etc.
4. Legal Mail Postage Charges
a. When a legal mail postage charge is assessed against an offender, all funds in the spend account
may be used to pay the postage charge. Any legal mail postage charge in excess of the spend
account balance should be debited against the offender's account as a loan.
b. When an offender, who has a legal mail postage debt, receives additional funds or pay, the funds
will be used to satisfy the debt. See Disbursement Priority 4., e.
5. Medical Co-pay Charges
a. When a medical co-pay charge is assessed against an offender who has funds in their spend
account, the charge may not reduce the offender's account below $5.00; any amount still owed on
the co-pay charge should be debited against the offender's account to be paid when their spend
account exceeds $5.00.
b. When an offender, who has less than $5.00 in their spend account and has a medical co-pay debt,
receives additional funds or pay, the funds may be used to satisfy the co-pay debt, except for a
minimum of $5.00, for that calendar month, to be left for the offender's discretionary use for the
purchase of necessary personal hygiene items, correspondence/legal supplies, or other necessities.
See Disbursement Priority 4., b.
6. Discretionary withdrawals by the offender (Disbursement Priority 5)
a. Offenders in Diversion Centers and other work release style programs shall not be allowed to
transfer funds from their Trust Account to outside accounts. Additional limits may be placed on
discretionary withdrawals for these offenders. Offenders should be notified of limits during
orientation.
b. Facilities may set schedules for accepting and processing discretionary withdrawals. Offenders
should be notified of schedules during orientation. All Withdrawal Requests should be processed
within six working days after receipt of the Withdrawal Request in the Business Office.
c. Whenever an offender submits an Offender Trust System - Withdrawal Request 802_F9 for a
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June 1, 2016
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money order be drawn on the Offender Trust Account or for authorized mail order purchases to
be sent to an outside person or entity, and for deposits to outside accounts, a balance of at least
$10.00 must remain in the Spend Account after the deduction, to ensure that the offender has
sufficient funds to spend for commissary purchases of personal hygiene items, stamps and writing
materials, and for legal photocopies.
d. Offenders may submit one Offender Trust System - Withdrawal Request GTL Debit Account
802_F10 per month to transfer funds to Global Tel*Link to pay for offender telephone calls.
i. A balance of at least $10.00 must remain in the Spend Account after the deduction.
ii. Funds transferred to Global Tel*Link cannot be returned to the Offender Trust Account.
iii. Unused funds transferred to Global Tel*Link will be refunded only after the offender has been
released from incarceration.
e. If the requested withdrawal will leave less than $10.00 in the offender’s Spend Account, it should
be disapproved and returned.
f. For withdrawals sent to anyone other than a legitimate business, financial institution, or
government agency, the offender must submit, with the Withdrawal Request, information
regarding the offender’s relationship to the individual to whom the money is being sent to ensure
the transfer of funds does not violate law or DOC operating procedures. If this person is not a
family member, the offender must also provide the reason for sending the money. Any request
for which the offender has not provided sufficient information to make a determination that the
request is legitimate should not be approved and should be returned to the offender.
g. The offender should be notified of the disapproval of any Withdrawal Request and the reason for
the disapproval. The offender may resubmit the request with additional justification.
7. Exceptions to the $10.00 minimum balance
a. If an offender requests to have funds withdrawn to pay legal/governmental obligations such as
taxes, voluntary agreements to make installment payments on Court fines, fees, costs, or
restitution or child support payments made through the Courts or Department of Social Services,
the withdrawal is made payable to such Court or governmental agency and the offender provides
adequate documentation of such obligations, the withdrawal from the offender's account may be
up to all the funds on their account. Such payments may be made by check payable to the
specified government agency.
b. Postage and photocopying costs deducted directly from the offender's spend account are exempt
from a minimum balance requirement.
H. Processing Payments for Priorities 1 and 2: Payment of Orders and Judgments
1. Freezing of funds and verification of order or judgment
a. Upon receipt of an order or judgment for payments to be withheld from an offender's account, the
funds to cover the payment should be moved from the spend account to the reserve account and
any questions about the validity of the order or judgment or the identity of the subject of such
order or judgment should be investigated and resolved.
b. In the absence of a Court order, the following are authorized by law as sufficient notice:
i. Notices from the Department of Social Services, Division of Child Support Enforcement or
equivalent out-of-state authority for child support payments,
ii. Notices of tax liens from the IRS, Virginia Department of Taxation, or the local in-state
government,
iii. Notices from the Office of the Attorney General for Court ordered costs and attorney fees
iv. Other state or federal administrative orders
c. Questions regarding the validity or authority of any Court or administrative order should be
addressed to the Court or agency issuing the order.
2. Notice to Offender
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June 1, 2016
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a. The offender will be notified in writing of the lien placed against their account and provided the
address and any other contact information for the authority issuing the order or judgment in case
they have questions or wish to contest the order or judgment.
b. A copy of the order or judgment may be attached.
3. Payment of orders or judgments (Priorities 1-4) Payments should be made in accordance with the
instructions contained in the judgment or order. Payments may be one time garnishments or liens,
installments or on-going and should be made as follows:
a. One-time payments - These normally are a demand for payment of a specific amount or "for so
much thereof as may be in your hands." Upon receipt of the notice, the amount specified or, if
less than the specified amount, all funds in the offender's spend account should be placed in the
reserve account. If the offender does not have sufficient funds to pay the entire amount, all net
pay received for work (after the deposit into the hold account of any "hold" amount) and other
funds received for deposit to the offender's account will be placed in the reserve account until the
amount to satisfy the obligation is accumulated or until the return date on the notice. All funds up
to the amount specified in the lien or order in the reserve account will be held until the return date
and paid when due. Once the lien or order has been paid, incoming funds will be credited again
to the offender's spend account.
b. On-going obligations - These are normally orders such as child support orders which specify that
a percentage of the offender's earnings, up to a maximum amount, be paid on a monthly or other
specified periodic schedule. Such orders normally continue in effect until a notice modifying or
canceling the order is issued. The specified percentage of all incoming funds and payments to the
offender's account up to the monthly obligation stated in the notice or order, will be placed in the
offender's reserve account and all accumulated funds in the reserve account will be paid monthly
or per the schedule specified in the notice/order by the specified due date. State and federal law
limit withholding for child support to 60% for an individual with no other family to support, with
an additional 5% if arrears are more than 12 weeks old.
c. Installment payments - Installment payments based on a percentage of the offender's account
balance should be paid in the same manner as specified for on-going obligations (b. above) until
the total amount of the obligation specified in the order is satisfied. For installment payments
specifying a set amount per installment, all incoming funds and payments into the offender's
account will be placed in the offender's reserve account up to the full amount of the installment
and all accumulated funds in the reserve account will be paid on the due date for the installment.
Payments will be made until the total amount of the obligation is satisfied.
d. All other orders, judgments, or liens that do not specify an installment or percentage amount and
are not a one-time payment (as in a. above) - All incoming funds and payments into the offender's
account will be placed in the offender's reserve account up to the full amount of the order or lien
and all accumulated funds in the reserve account will be paid monthly. Monthly payments will
be made until the total amount of the obligation is satisfied.
e. Minimum monthly payments - Except for one-time payments (a. above) and payments which
completely satisfy an order or lien, if funds accumulated in the reserve account are less than
$10.00 when any monthly payment comes due, the facility may defer payment until the available
funds equal $10.00 or more. However, payment of any amount in the offender's reserve fund
must be made at least quarterly, even if the accumulated funds are less than $10.00. The facility
will notify the recipient of the disbursement, that due to the lack of any funds or the low balance
in the offender's account, payment will be made at least quarterly or whenever the funds reach
$10.00 or more.
I. Processing Payments for Priorities 3 – 5
1. Advances, loans, fees, or other charges against an offender's account should be processed in
accordance with the
Inmate Trust System Policies and Procedures Manual.
2. Penalties imposed as the result of a disciplinary conviction for fines or restitution for property
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June 1, 2016
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damage or bodily injury will be processed in accordance with Offender Disciplinary Procedures.
3. Medical co-pay charges will be processed in accordance with Operating Procedure 720.4, Co-
Payment for Health Care Services, and the Inmate Trust System Policies and Procedures Manual.
Minimum account balances will be maintained as noted above.
4. Discretionary withdrawals and payments at the offender's request will be handled in accordance with
the Inmate Trust System Policies and Procedures Manual and any applicable operating procedure(s).
a. Minimum account balances will be maintained as noted above.
b. A money order fee will be deducted from the offender’s account for each money order.
c. The DOC will not issue payment for an offender to place any advertisement in an offender social
network print or electronic publication.
d. The DOC will not issue payment for the purchase of services designed to circumvent security
procedures (i.e. purchase of local phone numbers).
5. Offenders may appeal assessments against their accounts through the Offender Grievance
Procedure, except for the imposition of disciplinary penalties, which may be appealed through the
Offender Disciplinary Procedure.
J. Release from Incarceration
1. Any Reserve Account funds will be paid to the appropriate authority up the amount of the offender’s
total obligation.
2. When an offender’s Offender Trust Account is closed on discharge from DOC institutions, Spend
Account and, if necessary, Savings Account funds will be used to pay any outstanding co-pay, loans,
or other charges assessed by DOC against the offender's account.
3. All funds credited to the offender’s account shall be paid to the offender by check, cash, and/or debit
release card per facility practice.
a. For institutional offenders, if the funds do not total $25.00, sufficient money will be added to
reach that amount. This includes offenders that are being released from incarceration but are not
going directly into the community such as entering a mental health commitment including mental
health hospitals and the Virginia Center for Behavioral Rehabilitation.
b. For offenders that will remain under incarceration such as being transferred to work release, a
Community Corrections Facility, or being released to a detainer, the facility DOES NOT need to
supplement offender funds to meet the $25.00 Discharge Allowance.
4. A receipt will be provided to confirm funds paid to the offender
5. Any offender pay, GTL Debit Account balances, or other funds not posted to the offender's account
at the time of the offender’s release will be forwarded to that offender within five working days of
the posting of the funds to the offender’s account in accordance with Offender Trust Fund
procedures.
K. Deceased Offenders - The Offender Trust Fund Accounts belonging to a deceased offender shall be
distributed in accordance with Operating Procedure 802.1, Offender Property.
L. Outside Accounts - Offenders may maintain accounts with banks or other financial institutions in
accordance with that entity's rules and with the provisions specified below and accrue the interest earned
on those accounts. (4-4046)
1. If offenders choose to maintain outside accounts or to purchase U.S. Savings or Treasury Bonds,
they will be permitted to withdraw money from their Offender Trust Account for deposits or
purchases, in accordance with DOC procedures for withdrawal of funds from the Offender Trust
Account and the minimum balance requirements specified above.
a. Any U.S. Savings or Treasury Bonds, stock certificates, or other securities purchased by an
offender must be mailed to the care of someone outside the facility. These items may not be
Operating Procedure: 802.2
June 1, 2016
Page 11 of 13
mailed to the facility.
b. They may also send and receive correspondence and account statements from the financial
institution but may not receive or have in their possession any negotiable items including, but not
limited to, checks, savings passbooks, credit/debit cards, certificates of deposit, stock certificates,
bonds, and other "funds" or "personal financial documents" as defined in this operating
procedure.
c. Offenders may receive copies of their account statements and taxpayer copies of official interest
or dividend reports for tax purposes, such as IRS Forms 1099-INT or 1099-DIV.
d. Checks or money orders may be sent by their financial institution for deposit into the offender's
Trust Account.
2. All "personal financial documents" and "funds" relating to accounts with outside financial
institutions or brokers, trusts, financial plans, government bonds, etc. (with the exception of account
statements and checks for direct deposit into the Offender Trust Account) must be held and managed
for the offender by someone on the outside and the address of an outside party should be used as the
designated mailing address for such financial transactions.
a. If such documents are sent to the offender at the facility, the offender will not be permitted to
review them but will be permitted to have them sent at their expense to whomever they designate.
b. An offender may choose to designate an individual to hold their funds or maintain their account
or may choose to employ professional services to manage any private financial accounts, trusts,
and transactions for them.
3. The DOC does not manage checking and savings accounts or maintain account records at outside
financial institutions for individual offenders and does not hold statements, deposit and withdrawal
slips, savings/check books, or other records for offenders’ outside financial accounts.
M. Commissary Profits
1. In accordance with COV §53.1-27, all profits earned from the sale of items in the commissary must
be used for offender educational, recreational, pre-release and post-release reentry and transition
services, or other purposes beneficial to the offender population as prescribed by the Director.
2. The Director has delegated authority to the Facility Unit Head to use facility commissary profits to
purchase the items from the following categories:
a. Recreation equipment and supplies
b. Barber/ beauty shop equipment and supplies
c. Law Library equipment and supplies
d. Appliances for offender use (i.e. washer/dryer, microwave, etc.)
e. Offender Picture Services (i.e. visitation, offender picture projects, etc.)
f. Movies and Cable/Satellite TV
g. Incentive programs (Community Corrections Facilities)
h. Religious Items as authorized by Operating Procedure 841.3, Offender Religious Programs
i. Bank service charges for the management of the Commissary Fund and the Offender Trust
Account.
3. Purchase requests for additional items using facility commissary profits will require approval by the
Director or Chief of Corrections Operations; these requests must first be submitted and approved by
the Regional Administrator and Regional Operations Chief.
4. Facility commissary profits and those items purchased with the facility commissary profits cannot be
transferred to another institution without written approval from the appropriate Regional Operations
Chief or designee.
5. In addition to the Commissary Balance Sheet posted for offender viewing in accordance with
Operating Procedure: 802.2
June 1, 2016
Page 12 of 13
Operating Procedure 801.6, Offender Services, each facility is required to post an Offender Welfare
Fund Statement that contains the following:
a. Income (line item listing of all funds debited to the Commissary Fund)
b. Expenses (line item listing of all funds credited to the Commissary Fund for management of the
Commissary Fund)
c. Purchases (line item listing of all items purchased for offender use i.e. Recreation Equipment,
Law Library Computer, etc.).
d. Net profit or loss for the month
e. Net profit or loss for the year
6. When there are miscellaneous expenses, the line item entry should provide additional detail that
identifies the expenditure to include but not limited to expenses required by item 393 (A) of the 2017
Appropriations Act as follows:
a. Assisting Families of Inmates, Inc.
b. Faith-based services for offenders
c. “FETCH” program.
d. An asterisked note at the bottom of the Statement showing allowable expenses and/or the
requirements of the 2017 Appropriations Act will suffice.
7. The Business Manager or Senior Fiscal Technician for Field Units and Community Corrections
Facilities is responsible to ensure compliance with the requirements of this operating procedure and
for the proper accounting of all commissary assets.
a. The Business Manager/Accountant or Senior Fiscal Technician (Field Units and Community
Corrections Facilities) must prepare and submit an Accountability Report containing the
following information:
i. Balance Sheet
ii. Income Statement
iii. Account Reconciliation - Cash in Bank Account #0110
iv. Bank Statement
v. Local Government Investment Pool (LGIP) Bank Statement
vi. Account Reconciliation - LGIP (Investments) Account #0130
b. The Accountability Report must be scanned and submitted by email to the Financial Systems &
Reporting Unit by the 20
th
of the following month.
V. REFERENCES
Board of Corrections Policy 20-7, Offender Pay
Inmate Payroll System Policies and Procedures Manual
Inmate Trust System Policy and Procedure Manual
Operating Procedure 050.3, Facility Release of Offenders
Operating Procedure 720.4, Co-Payment for Health Care Services
Operating Procedure 801.6, Offender Services
Operating Procedure 802.1, Offender Property
Operating Procedure 803.1, Offender Correspondence
Operating Procedure 841.2, Offender Work Programs
Operating Procedure 841.3, Offender Religious Programs
VI. FORM CITATIONS
Offender Trust System - Savings Account Transfer Request 802_F2
Operating Procedure: 802.2
June 1, 2016
Page 13 of 13
Offender Trust System - Advance Request 802_F8
Offender Trust System - Withdrawal Request 802_F9
Offender Trust System - Withdrawal Request GTL Debit Account 802_F10
VII. REVIEW DATE
The office of primary responsibility shall review this operating procedure annually and re-write it no later
than three years from the effective date.
The office of primary responsibility reviewed this operating procedure in June 2017 and necessary changes
have been made.
The office of primary responsibility reviewed this operating procedure in June 2018 and no changes are
necessary at this time.
Signature Copy on File 4/27/16
N. H. Scott, Deputy Director of Administration Date
