Prisoners may be surrendered as witnesses if a judge of any court of record of the
United States or of the District of Columbia, or of any state certifies under the
seal of such court that:
1. There is a criminal prosecution pending in such court or that a grand jury investigation
has commenced or is about to commence;
2. A person confined in any state correctional facility in Virginia is a material
witness in such prosecution or grand jury investigation, and his presence will be
required at a time stated;
3. The officer presenting the certificate is authorized to receive custody of such
prisoner and will retain him in his custody until his return to this Commonwealth;
4. The prisoner will be safely returned to the custody of the Director at such state
correctional facility, as the Director may direct.
Upon presentation of such certificate to the Director, if he is of the opinion that
the ends of justice will be promoted thereby, the Director may, with the approval
of the Governor, surrender the prisoner into the custody of the officer named in the
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