§ 53.1-131. Provision for release of prisoner from confinement foremployment, educational or other rehabilitative programs; escape; penalty;disposition of earnings.
A. Any court having jurisdiction for the trial of a person charged with acriminal offense or charged with an offense under Chapter 5 (§ 20-61 et seq.)of Title 20 may, if the defendant is convicted and (i) sentenced toconfinement in jail or (ii) being held in jail pending completion of apresentence report pursuant to § 19.2-299, and if it appears to the courtthat such offender is a suitable candidate for work release, assign theoffender to a work release program under the supervision of a probationofficer, the sheriff or the administrator of a local or regional jail or aprogram designated by the court. The court further may authorize the offenderto participate in educational or other rehabilitative programs designed tosupplement his work release employment. The court shall be notified inwriting by the director or administrator of the program to which the offenderis assigned of the offender's place of employment and the location of anyeducational or rehabilitative program in which the offender participates.
Any person who has been sentenced to confinement in jail or who has beenconvicted of a felony but is confined in jail pursuant to § 53.1-20, in thediscretion of the sheriff may be assigned by the sheriff to a work releaseprogram under the supervision of the sheriff or the administrator of a localor regional jail. The sheriff may further authorize the offender toparticipate in educational or other rehabilitative programs as defined inthis section designed to supplement his work release employment. The courtthat sentenced the offender shall be notified in writing by the sheriff orthe administrator of a local or regional jail of any such assignment and ofthe offender's place of employment or other rehabilitative program. Thecourt, in its discretion, may thereafter revoke the authority for such anoffender to participate in a work release program.
The sheriff and the Director may enter into agreements whereby persons whoare committed to the Department, whether such persons are housed in a stateor local correctional facility, and who have met all standards for suchrelease, may participate in a local work release program or in educational orother rehabilitative programs as defined in this section. The administratorof a regional jail and the Director may also enter into such agreements wheresuch agreements are approved in advance by a majority of the sheriffs on theregional jail board. All persons accepted in accordance with this sectionshall be governed by all regulations applying to local work release,notwithstanding the provisions of any other section of the Code. Local jailsshall qualify for compensation for cost of incarceration of such personspursuant to § 53.1-20.1, less any payment for room and board collected fromthe inmate.
If an offender who has been assigned to such a program by the court is inviolation of the rules of the jail pursuant to § 53.1-117, the sheriff orjail administrator may remove the offender from the work release program,either temporarily or for the duration of the offender's confinement. Uponremoving an offender from the work release program, the sheriff or jailadministrator shall notify in writing the court that sentenced the offenderand indicate the specific violations that led to the decision.
Any offender assigned to such a program by the court or sheriff who, withoutproper authority or just cause, leaves the area to which he has been assignedto work or attend educational or other rehabilitative programs, or leaves thevehicle or route of travel involved in his going to or returning from suchplace, is guilty of a Class 1 misdemeanor. In the event such offender leavesthe Commonwealth, the offender may be found guilty of an escape as providedin § 18.2-477. An offender who is found guilty of a Class 1 misdemeanor inaccordance with this section shall be ineligible for further participation ina work release program during his current term of confinement.
The Board shall prescribe regulations to govern the work release, educationaland other rehabilitative programs authorized by this section.
Any wages earned pursuant to this section by an offender may, upon order ofthe court, be paid to the director or administrator of the program afterstandard payroll deductions required by law. Distribution of such wages shallbe made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work releaseemployment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make paymentsto the local department of social services or the Commissioner of SocialServices, as appropriate, on behalf of dependents who are receiving publicassistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
Any balance at the end of his sentence shall be paid to the offender upon hisrelease.
B. For the purposes of this section:
"Educational program" means a program of learning recognized by the StateCouncil of Higher Education, the State Board of Education or the State Boardof Corrections.
"Rehabilitative program" includes an alcohol and drug treatment program,mental health program, family counseling, community service or othercommunity program approved by the court having jurisdiction over the offender.
"Sheriff" means the sheriff of the jurisdiction where the person chargedwith the criminal offense was convicted and sentenced, provided that thesheriff may designate a deputy sheriff or regional jail administrator toassign offenders to work release programs under this section.
"Work release" means full-time employment or participation in suitablecareer and technical education programs.
(Code 1950, §§ 19-273.1, 53-166.1; 1956, c. 688; Code 1950, § 19.1-300; 1960,c. 366; 1970, c. 121; 1972, c. 145; 1973, c. 38; 1976, c. 295; 1979, c. 706;1980, c. 566; 1982, c. 636; 1984, c. 516; 1985, c. 301; 1988, c. 397; 1989,c. 586; 1990, cc. 107, 676, 768; 2000, c. 423; 2002, cc. 747, 800; 2006, c.792.)
§ 53.1-131. Provision for release of prisoner from confinement foremployment, educational or other rehabilitative programs; escape; penalty;disposition of earnings.
A. Any court having jurisdiction for the trial of a person charged with acriminal offense or charged with an offense under Chapter 5 (§ 20-61 et seq.)of Title 20 may, if the defendant is convicted and (i) sentenced toconfinement in jail or (ii) being held in jail pending completion of apresentence report pursuant to § 19.2-299, and if it appears to the courtthat such offender is a suitable candidate for work release, assign theoffender to a work release program under the supervision of a probationofficer, the sheriff or the administrator of a local or regional jail or aprogram designated by the court. The court further may authorize the offenderto participate in educational or other rehabilitative programs designed tosupplement his work release employment. The court shall be notified inwriting by the director or administrator of the program to which the offenderis assigned of the offender's place of employment and the location of anyeducational or rehabilitative program in which the offender participates.
Any person who has been sentenced to confinement in jail or who has beenconvicted of a felony but is confined in jail pursuant to § 53.1-20, in thediscretion of the sheriff may be assigned by the sheriff to a work releaseprogram under the supervision of the sheriff or the administrator of a localor regional jail. The sheriff may further authorize the offender toparticipate in educational or other rehabilitative programs as defined inthis section designed to supplement his work release employment. The courtthat sentenced the offender shall be notified in writing by the sheriff orthe administrator of a local or regional jail of any such assignment and ofthe offender's place of employment or other rehabilitative program. Thecourt, in its discretion, may thereafter revoke the authority for such anoffender to participate in a work release program.
The sheriff and the Director may enter into agreements whereby persons whoare committed to the Department, whether such persons are housed in a stateor local correctional facility, and who have met all standards for suchrelease, may participate in a local work release program or in educational orother rehabilitative programs as defined in this section. The administratorof a regional jail and the Director may also enter into such agreements wheresuch agreements are approved in advance by a majority of the sheriffs on theregional jail board. All persons accepted in accordance with this sectionshall be governed by all regulations applying to local work release,notwithstanding the provisions of any other section of the Code. Local jailsshall qualify for compensation for cost of incarceration of such personspursuant to § 53.1-20.1, less any payment for room and board collected fromthe inmate.
If an offender who has been assigned to such a program by the court is inviolation of the rules of the jail pursuant to § 53.1-117, the sheriff orjail administrator may remove the offender from the work release program,either temporarily or for the duration of the offender's confinement. Uponremoving an offender from the work release program, the sheriff or jailadministrator shall notify in writing the court that sentenced the offenderand indicate the specific violations that led to the decision.
Any offender assigned to such a program by the court or sheriff who, withoutproper authority or just cause, leaves the area to which he has been assignedto work or attend educational or other rehabilitative programs, or leaves thevehicle or route of travel involved in his going to or returning from suchplace, is guilty of a Class 1 misdemeanor. In the event such offender leavesthe Commonwealth, the offender may be found guilty of an escape as providedin § 18.2-477. An offender who is found guilty of a Class 1 misdemeanor inaccordance with this section shall be ineligible for further participation ina work release program during his current term of confinement.
The Board shall prescribe regulations to govern the work release, educationaland other rehabilitative programs authorized by this section.
Any wages earned pursuant to this section by an offender may, upon order ofthe court, be paid to the director or administrator of the program afterstandard payroll deductions required by law. Distribution of such wages shallbe made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work releaseemployment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make paymentsto the local department of social services or the Commissioner of SocialServices, as appropriate, on behalf of dependents who are receiving publicassistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
Any balance at the end of his sentence shall be paid to the offender upon hisrelease.
B. For the purposes of this section:
"Educational program" means a program of learning recognized by the StateCouncil of Higher Education, the State Board of Education or the State Boardof Corrections.
"Rehabilitative program" includes an alcohol and drug treatment program,mental health program, family counseling, community service or othercommunity program approved by the court having jurisdiction over the offender.
"Sheriff" means the sheriff of the jurisdiction where the person chargedwith the criminal offense was convicted and sentenced, provided that thesheriff may designate a deputy sheriff or regional jail administrator toassign offenders to work release programs under this section.
"Work release" means full-time employment or participation in suitablecareer and technical education programs.
(Code 1950, §§ 19-273.1, 53-166.1; 1956, c. 688; Code 1950, § 19.1-300; 1960,c. 366; 1970, c. 121; 1972, c. 145; 1973, c. 38; 1976, c. 295; 1979, c. 706;1980, c. 566; 1982, c. 636; 1984, c. 516; 1985, c. 301; 1988, c. 397; 1989,c. 586; 1990, cc. 107, 676, 768; 2000, c. 423; 2002, cc. 747, 800; 2006, c.792.)
§ 53.1-131. Provision for release of prisoner from confinement foremployment, educational or other rehabilitative programs; escape; penalty;disposition of earnings.
A. Any court having jurisdiction for the trial of a person charged with acriminal offense or charged with an offense under Chapter 5 (§ 20-61 et seq.)of Title 20 may, if the defendant is convicted and (i) sentenced toconfinement in jail or (ii) being held in jail pending completion of apresentence report pursuant to § 19.2-299, and if it appears to the courtthat such offender is a suitable candidate for work release, assign theoffender to a work release program under the supervision of a probationofficer, the sheriff or the administrator of a local or regional jail or aprogram designated by the court. The court further may authorize the offenderto participate in educational or other rehabilitative programs designed tosupplement his work release employment. The court shall be notified inwriting by the director or administrator of the program to which the offenderis assigned of the offender's place of employment and the location of anyeducational or rehabilitative program in which the offender participates.
Any person who has been sentenced to confinement in jail or who has beenconvicted of a felony but is confined in jail pursuant to § 53.1-20, in thediscretion of the sheriff may be assigned by the sheriff to a work releaseprogram under the supervision of the sheriff or the administrator of a localor regional jail. The sheriff may further authorize the offender toparticipate in educational or other rehabilitative programs as defined inthis section designed to supplement his work release employment. The courtthat sentenced the offender shall be notified in writing by the sheriff orthe administrator of a local or regional jail of any such assignment and ofthe offender's place of employment or other rehabilitative program. Thecourt, in its discretion, may thereafter revoke the authority for such anoffender to participate in a work release program.
The sheriff and the Director may enter into agreements whereby persons whoare committed to the Department, whether such persons are housed in a stateor local correctional facility, and who have met all standards for suchrelease, may participate in a local work release program or in educational orother rehabilitative programs as defined in this section. The administratorof a regional jail and the Director may also enter into such agreements wheresuch agreements are approved in advance by a majority of the sheriffs on theregional jail board. All persons accepted in accordance with this sectionshall be governed by all regulations applying to local work release,notwithstanding the provisions of any other section of the Code. Local jailsshall qualify for compensation for cost of incarceration of such personspursuant to § 53.1-20.1, less any payment for room and board collected fromthe inmate.
If an offender who has been assigned to such a program by the court is inviolation of the rules of the jail pursuant to § 53.1-117, the sheriff orjail administrator may remove the offender from the work release program,either temporarily or for the duration of the offender's confinement. Uponremoving an offender from the work release program, the sheriff or jailadministrator shall notify in writing the court that sentenced the offenderand indicate the specific violations that led to the decision.
Any offender assigned to such a program by the court or sheriff who, withoutproper authority or just cause, leaves the area to which he has been assignedto work or attend educational or other rehabilitative programs, or leaves thevehicle or route of travel involved in his going to or returning from suchplace, is guilty of a Class 1 misdemeanor. In the event such offender leavesthe Commonwealth, the offender may be found guilty of an escape as providedin § 18.2-477. An offender who is found guilty of a Class 1 misdemeanor inaccordance with this section shall be ineligible for further participation ina work release program during his current term of confinement.
The Board shall prescribe regulations to govern the work release, educationaland other rehabilitative programs authorized by this section.
Any wages earned pursuant to this section by an offender may, upon order ofthe court, be paid to the director or administrator of the program afterstandard payroll deductions required by law. Distribution of such wages shallbe made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work releaseemployment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make paymentsto the local department of social services or the Commissioner of SocialServices, as appropriate, on behalf of dependents who are receiving publicassistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
Any balance at the end of his sentence shall be paid to the offender upon hisrelease.
B. For the purposes of this section:
"Educational program" means a program of learning recognized by the StateCouncil of Higher Education, the State Board of Education or the State Boardof Corrections.
"Rehabilitative program" includes an alcohol and drug treatment program,mental health program, family counseling, community service or othercommunity program approved by the court having jurisdiction over the offender.
"Sheriff" means the sheriff of the jurisdiction where the person chargedwith the criminal offense was convicted and sentenced, provided that thesheriff may designate a deputy sheriff or regional jail administrator toassign offenders to work release programs under this section.
"Work release" means full-time employment or participation in suitablecareer and technical education programs.
(Code 1950, §§ 19-273.1, 53-166.1; 1956, c. 688; Code 1950, § 19.1-300; 1960,c. 366; 1970, c. 121; 1972, c. 145; 1973, c. 38; 1976, c. 295; 1979, c. 706;1980, c. 566; 1982, c. 636; 1984, c. 516; 1985, c. 301; 1988, c. 397; 1989,c. 586; 1990, cc. 107, 676, 768; 2000, c. 423; 2002, cc. 747, 800; 2006, c.792.)
