{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-123.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-123.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-123.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-123.html"}],"law_id":58592,"edition_id":1,"section_id":58592,"structure_id":14929,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","history":"Code 1950, \u00a7 19.1-109.2; 1973, c. 485; 1975, c. 495; 1978, cc. 500, 755; 1979, c. 518; 1981, c. 528; 1984, c. 707; 1989, c. 369; 1991, cc. 483, 512, 581, 585; 1992, c. 576; 1993, c. 636; 1999, cc. 829, 846; 2000, cc. 885, 1020, 1041; 2001, c. 201; 2006, c. 296; 2008, cc. 129, 884; 2011, cc. 799, 837; 2012, cc. 476, 507; 2013, c. 614; 2014, c. 466; 2024, c. 74.","full_text":"A\n\nAny person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released only upon a secure bond. This provision may be waived with the approval of the judicial officer and with the concurrence of the attorney for the Commonwealth or the attorney for the county, city or town. Subject to the foregoing, when a person is arrested for either a felony or a misdemeanor, any judicial officer may impose any one or any combination of the following conditions of release:1\n\nPlace the person in the custody and supervision of a designated person, organization or pretrial services agency which, for the purposes of this section, shall not include a court services unit established pursuant to § 16.1-233;2\n\nPlace restrictions on the travel, association or place of abode of the person during the period of release and restrict contacts with household members for a specified period of time;\n\t\t\t\t2a. Require the execution of an unsecured bond;3\n\nRequire the execution of a secure bond which at the option of the accused shall be satisfied with sufficient solvent sureties, or the deposit of cash in lieu thereof. Only the actual value of any interest in real estate or personal property owned by the proposed surety shall be considered in determining solvency and solvency shall be found if the value of the proposed surety’s equity in the real estate or personal property equals or exceeds the amount of the bond;\n\t\t\t\t3a. Require that the person do any or all of the following: (i) maintain employment or, if unemployed, actively seek employment; (ii) maintain or commence an educational program; (iii) avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense; (iv) comply with a specified curfew; (v) refrain from possessing a firearm, destructive device, or other dangerous weapon; (vi) refrain from excessive use of alcohol, or use of any illegal drug or any controlled substance not prescribed by a health care provider; and (vii) submit to testing for drugs and alcohol until the final disposition of his case;\n\t\t\t\t3b. Place a prohibition on a person who holds an elected constitutional office and who is accused of a felony arising from the performance of his duties from physically returning to his constitutional office;\n\t\t\t\t3c. Require the accused to accompany the arresting officer to the jurisdiction’s fingerprinting facility and submit to having his photograph and fingerprints taken prior to release; or4\n\nImpose any other condition deemed reasonably necessary to assure appearance as required, and to assure his good behavior pending trial, including a condition requiring that the person return to custody after specified hours or be placed on home electronic incarceration pursuant to § 53.1-131.2 or, when the person is required to execute a secured bond, be subject to monitoring by a GPS (Global Positioning System) tracking device, or other similar device. The defendant may be ordered by the court to pay the cost of the device.\n\t\t\t\tUpon satisfaction of the terms of recognizance, the accused shall be released forthwith.\n\t\t\t\tIn addition, where the accused is an individual receiving services in a state training center for individuals with intellectual disability, the judicial officer may place the individual in the custody of the director of the training center, if the director agrees to accept custody. The director is hereby authorized to take custody of the individual and to maintain him at the training center prior to a trial or hearing under such circumstances as will reasonably assure the appearance of the accused for the trial or hearing.B\n\nIn any jurisdiction served by a pretrial services agency which offers a drug or alcohol screening or testing program approved for the purposes of this subsection by the chief general district court judge, any such person charged with a crime may be requested by such agency to give voluntarily a urine sample, submit to a drug or alcohol screening, or take a breath test for presence of alcohol. A sample may be analyzed for the presence of phencyclidine (PCP), barbiturates, cocaine, opiates or such other drugs as the agency may deem appropriate prior to any hearing to establish bail. The judicial officer and agency shall inform the accused or juvenile being screened or tested that test results shall be used by a judicial officer only at a bail hearing and only to determine appropriate conditions of release or to reconsider the conditions of bail at a subsequent hearing. All screening or test results, and any pretrial investigation report containing the screening or test results, shall be confidential with access thereto limited to judicial officers, the attorney for the Commonwealth, defense counsel, other pretrial service agencies, any criminal justice agency as defined in § 9.1-101 and, in cases where a juvenile is screened or tested, the parents or legal guardian or custodian of such juvenile. However, in no event shall the judicial officer have access to any screening or test result prior to making a bail release determination or to determining the amount of bond, if any. Following this determination, the judicial officer shall consider the screening or test results and the screening or testing agency’s report and accompanying recommendations, if any, in setting appropriate conditions of release. In no event shall a decision regarding a release determination be subject to reversal on the sole basis of such screening or test results. Any accused or juvenile whose urine sample has tested positive for such drugs and who is admitted to bail may, as a condition of release, be ordered to refrain from use of alcohol or illegal drugs and may be required to be tested on a periodic basis until final disposition of his case to ensure his compliance with the order. Sanctions for a violation of any condition of release, which violations shall include subsequent positive drug or alcohol test results or failure to report as ordered for testing, may be imposed in the discretion of the judicial officer and may include imposition of more stringent conditions of release, contempt of court proceedings, or revocation of release. Any report of a violation of any pretrial condition of release provided to the court shall be sent by the pretrial services agency to the attorney for the Commonwealth and the counsel of record for the accused or juvenile, or directly to the accused or juvenile if such person is not represented by counsel. Any test given under the provisions of this subsection which yields a positive drug or alcohol test result shall be reconfirmed by a second test if the person tested denies or contests the initial drug or alcohol test positive result. The results of any drug or alcohol test conducted pursuant to this subsection shall not be admissible in any judicial proceeding other than for the imposition of sanctions for a violation of a condition of release.C\n\n[Repealed.]D\n\nNothing in this section shall be construed to prevent an officer taking a juvenile into custody from releasing that juvenile pursuant to § 16.1-247. If any condition of release imposed under the provisions of this section is violated, a judicial officer may issue a capias or order to show cause why the recognizance should not be revoked.E\n\nNothing in this section shall be construed to prevent a court from imposing a recognizance or bond designed to secure a spousal or child support obligation pursuant to § 16.1-278.16, Chapter 5 (§ 20-61 et seq.) of Title 20, or § 20-114 in addition to any recognizance or bond imposed pursuant to this chapter.","order_by":null,"text":{"0":{"id":214745,"text":"Any person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released only upon a secure bond. This provision may be waived with the approval of the judicial officer and with the concurrence of the attorney for the Commonwealth or the attorney for the county, city or town. Subject to the foregoing, when a person is arrested for either a felony or a misdemeanor, any judicial officer may impose any one or any combination of the following conditions of release:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":214746,"text":"Place the person in the custody and supervision of a designated person, organization or pretrial services agency which, for the purposes of this section, shall not include a court services unit established pursuant to § 16.1-233;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":214747,"text":"Place restrictions on the travel, association or place of abode of the person during the period of release and restrict contacts with household members for a specified period of time;\n\t\t\t\t2a. Require the execution of an unsecured bond;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":214748,"text":"Require the execution of a secure bond which at the option of the accused shall be satisfied with sufficient solvent sureties, or the deposit of cash in lieu thereof. Only the actual value of any interest in real estate or personal property owned by the proposed surety shall be considered in determining solvency and solvency shall be found if the value of the proposed surety’s equity in the real estate or personal property equals or exceeds the amount of the bond;\n\t\t\t\t3a. Require that the person do any or all of the following: (i) maintain employment or, if unemployed, actively seek employment; (ii) maintain or commence an educational program; (iii) avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense; (iv) comply with a specified curfew; (v) refrain from possessing a firearm, destructive device, or other dangerous weapon; (vi) refrain from excessive use of alcohol, or use of any illegal drug or any controlled substance not prescribed by a health care provider; and (vii) submit to testing for drugs and alcohol until the final disposition of his case;\n\t\t\t\t3b. Place a prohibition on a person who holds an elected constitutional office and who is accused of a felony arising from the performance of his duties from physically returning to his constitutional office;\n\t\t\t\t3c. Require the accused to accompany the arresting officer to the jurisdiction’s fingerprinting facility and submit to having his photograph and fingerprints taken prior to release; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":214749,"text":"Impose any other condition deemed reasonably necessary to assure appearance as required, and to assure his good behavior pending trial, including a condition requiring that the person return to custody after specified hours or be placed on home electronic incarceration pursuant to § 53.1-131.2 or, when the person is required to execute a secured bond, be subject to monitoring by a GPS (Global Positioning System) tracking device, or other similar device. The defendant may be ordered by the court to pay the cost of the device.\n\t\t\t\tUpon satisfaction of the terms of recognizance, the accused shall be released forthwith.\n\t\t\t\tIn addition, where the accused is an individual receiving services in a state training center for individuals with intellectual disability, the judicial officer may place the individual in the custody of the director of the training center, if the director agrees to accept custody. The director is hereby authorized to take custody of the individual and to maintain him at the training center prior to a trial or hearing under such circumstances as will reasonably assure the appearance of the accused for the trial or hearing.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":214750,"text":"In any jurisdiction served by a pretrial services agency which offers a drug or alcohol screening or testing program approved for the purposes of this subsection by the chief general district court judge, any such person charged with a crime may be requested by such agency to give voluntarily a urine sample, submit to a drug or alcohol screening, or take a breath test for presence of alcohol. A sample may be analyzed for the presence of phencyclidine (PCP), barbiturates, cocaine, opiates or such other drugs as the agency may deem appropriate prior to any hearing to establish bail. The judicial officer and agency shall inform the accused or juvenile being screened or tested that test results shall be used by a judicial officer only at a bail hearing and only to determine appropriate conditions of release or to reconsider the conditions of bail at a subsequent hearing. All screening or test results, and any pretrial investigation report containing the screening or test results, shall be confidential with access thereto limited to judicial officers, the attorney for the Commonwealth, defense counsel, other pretrial service agencies, any criminal justice agency as defined in § 9.1-101 and, in cases where a juvenile is screened or tested, the parents or legal guardian or custodian of such juvenile. However, in no event shall the judicial officer have access to any screening or test result prior to making a bail release determination or to determining the amount of bond, if any. Following this determination, the judicial officer shall consider the screening or test results and the screening or testing agency’s report and accompanying recommendations, if any, in setting appropriate conditions of release. In no event shall a decision regarding a release determination be subject to reversal on the sole basis of such screening or test results. Any accused or juvenile whose urine sample has tested positive for such drugs and who is admitted to bail may, as a condition of release, be ordered to refrain from use of alcohol or illegal drugs and may be required to be tested on a periodic basis until final disposition of his case to ensure his compliance with the order. Sanctions for a violation of any condition of release, which violations shall include subsequent positive drug or alcohol test results or failure to report as ordered for testing, may be imposed in the discretion of the judicial officer and may include imposition of more stringent conditions of release, contempt of court proceedings, or revocation of release. Any report of a violation of any pretrial condition of release provided to the court shall be sent by the pretrial services agency to the attorney for the Commonwealth and the counsel of record for the accused or juvenile, or directly to the accused or juvenile if such person is not represented by counsel. Any test given under the provisions of this subsection which yields a positive drug or alcohol test result shall be reconfirmed by a second test if the person tested denies or contests the initial drug or alcohol test positive result. The results of any drug or alcohol test conducted pursuant to this subsection shall not be admissible in any judicial proceeding other than for the imposition of sanctions for a violation of a condition of release.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":214751,"text":"[Repealed.]","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":214752,"text":"Nothing in this section shall be construed to prevent an officer taking a juvenile into custody from releasing that juvenile pursuant to § 16.1-247. If any condition of release imposed under the provisions of this section is violated, a judicial officer may issue a capias or order to show cause why the recognizance should not be revoked.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":214753,"text":"Nothing in this section shall be construed to prevent a court from imposing a recognizance or bond designed to secure a spousal or child support obligation pursuant to § 16.1-278.16, Chapter 5 (§ 20-61 et seq.) of Title 20, or § 20-114 in addition to any recognizance or bond imposed pursuant to this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14929,"edition_id":1,"name":"Bail","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12917,"metadata":{},"date_created":"2026-06-26 03:50:51","date_modified":"2026-06-26 03:50:51","permalink":{"id":171211,"object_type":"structure","relational_id":14929,"identifier":"1","token":"19.2\/9\/1","url":"\/19.2\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12917,"edition_id":1,"name":"Bail and Recognizances","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171209,"object_type":"structure","relational_id":12917,"identifier":"9","token":"19.2\/9","url":"\/19.2\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61367,"structure_id":14929,"section_number":"19.2-119","catch_line":"Definitions","url":"\/19.2-119\/","token":"19.2\/9\/1\/19.2-119","metadata":false},{"id":57923,"structure_id":14929,"section_number":"19.2-120","catch_line":"Admission to bail","url":"\/19.2-120\/","token":"19.2\/9\/1\/19.2-120","metadata":false},{"id":63951,"structure_id":14929,"section_number":"19.2-120.1","catch_line":"Repealed","url":"\/19.2-120.1\/","token":"19.2\/9\/1\/19.2-120.1","metadata":false},{"id":76391,"structure_id":14929,"section_number":"19.2-121","catch_line":"Fixing terms of bail","url":"\/19.2-121\/","token":"19.2\/9\/1\/19.2-121","metadata":false},{"id":85628,"structure_id":14929,"section_number":"19.2-122","catch_line":"Repealed","url":"\/19.2-122\/","token":"19.2\/9\/1\/19.2-122","metadata":false},{"id":58592,"structure_id":14929,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","url":"\/19.2-123\/","token":"19.2\/9\/1\/19.2-123","metadata":false},{"id":65958,"structure_id":14929,"section_number":"19.2-124","catch_line":"Appeal from bail, bond, or recognizance order","url":"\/19.2-124\/","token":"19.2\/9\/1\/19.2-124","metadata":false},{"id":87460,"structure_id":14929,"section_number":"19.2-125","catch_line":"Release pending appeal from conviction in court not of record","url":"\/19.2-125\/","token":"19.2\/9\/1\/19.2-125","metadata":false},{"id":67934,"structure_id":14929,"section_number":"19.2-126","catch_line":"Repealed","url":"\/19.2-126\/","token":"19.2\/9\/1\/19.2-126","metadata":false},{"id":85269,"structure_id":14929,"section_number":"19.2-127","catch_line":"Conditions of release of material witness","url":"\/19.2-127\/","token":"19.2\/9\/1\/19.2-127","metadata":false},{"id":78904,"structure_id":14929,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","url":"\/19.2-128\/","token":"19.2\/9\/1\/19.2-128","metadata":false},{"id":71774,"structure_id":14929,"section_number":"19.2-129","catch_line":"Power of court to punish for contempt","url":"\/19.2-129\/","token":"19.2\/9\/1\/19.2-129","metadata":false},{"id":80938,"structure_id":14929,"section_number":"19.2-130","catch_line":"Bail in subsequent proceeding arising out of initial arrest","url":"\/19.2-130\/","token":"19.2\/9\/1\/19.2-130","metadata":false},{"id":71604,"structure_id":14929,"section_number":"19.2-130.1","catch_line":"Bail terms set by court on a capias to be honored by magistrate","url":"\/19.2-130.1\/","token":"19.2\/9\/1\/19.2-130.1","metadata":false},{"id":56973,"structure_id":14929,"section_number":"19.2-131","catch_line":"Bail for person held in jurisdiction other than that of trial","url":"\/19.2-131\/","token":"19.2\/9\/1\/19.2-131","metadata":false},{"id":57999,"structure_id":14929,"section_number":"19.2-132","catch_line":"Motion to increase amount of bond fixed by judicial officer; when bond may be increased","url":"\/19.2-132\/","token":"19.2\/9\/1\/19.2-132","metadata":false},{"id":84221,"structure_id":14929,"section_number":"19.2-132.1","catch_line":"Repealed","url":"\/19.2-132.1\/","token":"19.2\/9\/1\/19.2-132.1","metadata":false},{"id":87032,"structure_id":14929,"section_number":"19.2-134","catch_line":"When bail piece to be delivered to accused; form of bail piece","url":"\/19.2-134\/","token":"19.2\/9\/1\/19.2-134","metadata":false},{"id":81348,"structure_id":14929,"section_number":"19.2-134.1","catch_line":"Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment","url":"\/19.2-134.1\/","token":"19.2\/9\/1\/19.2-134.1","metadata":false}],"previous_section":{"id":85628,"structure_id":14929,"section_number":"19.2-122","catch_line":"Repealed","url":"\/19.2-122\/","token":"19.2\/9\/1\/19.2-122","metadata":false},"next_section":{"id":65958,"structure_id":14929,"section_number":"19.2-124","catch_line":"Appeal from bail, bond, or recognizance order","url":"\/19.2-124\/","token":"19.2\/9\/1\/19.2-124","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-123\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 485; in 1975, chapter 495; in 1978, chapters 500 and 755; in 1979, chapter 518; in 1981, chapter 528; in 1984, chapter 707; in 1989, chapter 369; in 1991, chapters 483, 512, 581, and 585; in 1992, chapter 576; in 1993, chapter 636; in 1999, chapters 829<\/a> and 846<\/a>; in 2000, chapters 885<\/a>, 1020<\/a>, and 1041<\/a>; in 2001, chapter 201<\/a>; in 2006, chapter 296<\/a>; in 2008, chapters 129<\/a> and 884<\/a>; in 2011, chapters 799<\/a> and 837<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2013, chapter 614<\/a>; in 2014, chapter 466<\/a>; in 2024, chapter 74<\/a>.<\/p>","references":[{"id":58775,"section_number":"19.2-152.4:3","catch_line":"Duties and responsibilities of local pretrial services officers","order_by":null,"url":"\/19.2-152.4_3\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"refers_to":[{"id":81078,"section_number":"16.1-233","catch_line":"Department to develop court services; court services units; appointment and removal of employees; salaries","order_by":null,"url":"\/16.1-233\/"},{"id":55210,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","order_by":null,"url":"\/16.1-247\/"},{"id":61778,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","order_by":null,"url":"\/16.1-278.16\/"},{"id":73222,"section_number":"20-114","catch_line":"Recognizance for compliance with order or decree","order_by":null,"url":"\/20-114\/"},{"id":68962,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","order_by":null,"url":"\/20-61\/"},{"id":73781,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","order_by":null,"url":"\/53.1-131.2\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":171233,"object_type":"law","relational_id":58592,"identifier":"19.2-123","token":"19.2\/9\/1\/19.2-123","url":"\/19.2-123\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-123\/","token":"19.2\/9\/1\/19.2-123","dublin_core":{"Title":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-123","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> arrested for a felony<\/span> who has previously been convicted of a felony<\/span>, or who is presently on bond<\/span> for an unrelated arrest<\/span> in any jurisdiction<\/span>, or who is on probation<\/span> or parole<\/span>, may be released only upon a secure bond<\/span>. This provision may be waived with the approval of the judicial officer and with the concurrence of the attorney for the Commonwealth or the attorney for the county, city or town. Subject to the foregoing, when a person<\/span> is arrested for either a felony<\/span> or a misdemeanor<\/span>, any judicial officer may impose any one or any combination of the following conditions of release: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Place the person<\/span> in the custody<\/span> and supervision of a designated person<\/span>, organization or pretrial services<\/span> agency which, for the purposes of this section, shall not include a court<\/span> services unit established pursuant to § 16.1-233<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Place restrictions on the travel, association or place of abode of the person<\/span> during the period of release and restrict contacts with household members for a specified period of time;\n\t\t\t\t2a. Require the execution of an unsecured bond<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Require the execution of a secure bond<\/span> which at the option of the accused<\/span> shall be satisfied with sufficient solvent sureties, or the deposit of cash in lieu thereof. Only the actual value of any interest in real estate or personal property owned by the proposed surety<\/span> shall be considered in determining solvency and solvency shall be found if the value of the proposed surety<\/span>’s equity<\/span> in the real estate or personal property equals or exceeds the amount of the bond<\/span>;\n\t\t\t\t3a. Require that the person<\/span> do any or all of the following: (i) maintain employment or, if unemployed, actively seek employment; (ii) maintain or commence an educational program; (iii) avoid all contact with an alleged victim of the crime<\/span> and with any potential witness<\/span> who may testify concerning the offense<\/span>; (iv) comply with a specified curfew; (v) refrain from possessing a firearm, destructive device, or other dangerous weapon; (vi) refrain from excessive use of alcohol, or use of any illegal drug or any controlled substance not prescribed by a health care provider; and (vii) submit to testing for drugs and alcohol until the final disposition<\/span> of his case;\n\t\t\t\t3b. Place a prohibition on a person<\/span> who holds an elected constitutional office and who is accused<\/span> of a felony<\/span> arising from the performance of his duties from physically returning to his constitutional office;\n\t\t\t\t3c. Require the accused<\/span> to accompany the arresting officer to the jurisdiction<\/span>’s fingerprinting facility and submit to having his photograph and fingerprints taken prior to release; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Impose any other condition deemed reasonably necessary to assure appearance<\/span> as required, and to assure his good behavior pending trial<\/span>, including a condition requiring that the person<\/span> return to custody<\/span> after specified hours or be placed on home electronic incarceration pursuant to § 53.1-131.2<\/a> or, when the person<\/span> is required to execute a secured bond<\/span>, be subject to monitoring by a GPS (Global Positioning System) tracking device, or other similar device. The defendant<\/span> may be ordered by the court<\/span> to pay the cost of the device.\n\t\t\t\tUpon satisfaction of the terms of recognizance<\/span>, the accused<\/span> shall be released forthwith.\n\t\t\t\tIn addition, where the accused<\/span> is an individual receiving services in a state training center for individuals with intellectual disability, the judicial officer may place the individual in the custody<\/span> of the director of the training center, if the director agrees to accept custody<\/span>. The director is hereby authorized to take custody<\/span> of the individual and to maintain him at the training center prior to a trial<\/span> or hearing<\/span> under such circumstances as will reasonably assure the appearance<\/span> of the accused<\/span> for the trial<\/span> or hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any jurisdiction<\/span> served by a pretrial services<\/span> agency which offers a drug or alcohol screening or testing program approved for the purposes of this subsection by the chief general district court judge<\/span>, any such person<\/span> charged with a crime<\/span> may be requested by such agency to give voluntarily a urine sample, submit to a drug or alcohol screening, or take a breath test for presence of alcohol. A sample may be analyzed for the presence of phencyclidine (PCP), barbiturates, cocaine, opiates or such other drugs as the agency may deem appropriate prior to any hearing<\/span> to establish bail<\/span>. The judicial officer and agency shall inform the accused<\/span> or juvenile being screened or tested that test results shall be used by a judicial officer only at a bail<\/span> hearing<\/span> and only to determine appropriate conditions of release or to reconsider the conditions of bail<\/span> at a subsequent hearing<\/span>. All screening or test results, and any pretrial investigation report containing the screening or test results, shall be confidential with access thereto limited to judicial officers, the attorney for the Commonwealth, defense counsel<\/span>, other pretrial service agencies, any criminal justice agency as defined in § 9.1-101<\/a> and, in cases where a juvenile is screened or tested, the parents or legal guardian or custodian of such juvenile. However, in no event shall the judicial officer have access to any screening or test result prior to making a bail<\/span> release determination or to determining the amount of bond<\/span>, if any. Following this determination, the judicial officer shall consider the screening or test results and the screening or testing agency’s report and accompanying recommendations, if any, in setting appropriate conditions of release. In no event shall a decision regarding a release determination be subject to reversal on the sole basis of such screening or test results. Any accused<\/span> or juvenile whose urine sample has tested positive for such drugs and who is admitted to bail<\/span> may, as a condition of release, be ordered to refrain from use of alcohol or illegal drugs and may be required to be tested on a periodic basis until final disposition<\/span> of his case to ensure his compliance with the order<\/span>. Sanctions<\/span> for a violation of any condition of release, which violations shall include subsequent positive drug or alcohol test results or failure to report as ordered for testing, may be imposed in the discretion of the judicial officer and may include imposition of more stringent conditions of release, contempt of court<\/span> proceedings, or revocation<\/span> of release. Any report of a violation of any pretrial condition of release provided to the court shall be sent by the pretrial services<\/span> agency to the attorney for the Commonwealth and the counsel<\/span> of record for the accused<\/span> or juvenile, or directly to the accused<\/span> or juvenile if such person<\/span> is not represented by counsel<\/span>. Any test given under the provisions of this subsection which yields a positive drug or alcohol test result shall be reconfirmed by a second test if the person<\/span> tested denies or contests the initial drug or alcohol test positive result. The results of any drug or alcohol test conducted pursuant to this subsection shall not be admissible<\/span> in any judicial proceeding other than for the imposition of sanctions<\/span> for a violation of a condition of release. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to prevent an officer taking a juvenile into custody<\/span> from releasing that juvenile pursuant to § 16.1-247<\/a>. If any condition of release imposed under the provisions of this section is violated, a judicial officer may issue<\/span> a capias<\/span> or order<\/span> to show cause why the recognizance<\/span> should not be revoked. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to prevent a court from imposing a recognizance<\/span> or bond<\/span> designed to secure a spousal or child support obligation pursuant to § 16.1-278.16<\/a>, Chapter 5 (§ 20-61<\/a> et seq.) of Title 20, or § 20-114<\/a> in addition to any recognizance<\/span> or bond<\/span> imposed pursuant to this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELEASE OF ACCUSED ON SECURED OR UNSECURED BOND OR PROMISE TO APPEAR; CONDITIONS\nOF RELEASE (\u00a7 19.2-123)\n\nA. Any person arrested for a felony who has previously been convicted of a\nfelony, or who is presently on bond for an unrelated arrest in any jurisdiction,\nor who is on probation or parole, may be released only upon a secure bond. This\nprovision may be waived with the approval of the judicial officer and with the\nconcurrence of the attorney for the Commonwealth or the attorney for the county,\ncity or town. Subject to the foregoing, when a person is arrested for either a\nfelony or a misdemeanor, any judicial officer may impose any one or any\ncombination of the following conditions of release:\n\n 1. Place the person in the custody and supervision of a designated person,\n organization or pretrial services agency which, for the purposes of this\n section, shall not include a court services unit established pursuant to\n § 16.1-233;\n\n 2. Place restrictions on the travel, association or place of abode of the\n person during the period of release and restrict contacts with household\n members for a specified period of time;\n \t\t\t\t2a. Require the execution of an unsecured bond;\n\n 3. Require the execution of a secure bond which at the option of the accused\n shall be satisfied with sufficient solvent sureties, or the deposit of cash in\n lieu thereof. Only the actual value of any interest in real estate or personal\n property owned by the proposed surety shall be considered in determining\n solvency and solvency shall be found if the value of the proposed\n surety’s equity in the real estate or personal property equals or\n exceeds the amount of the bond;\n \t\t\t\t3a. Require that the person do any or all of the following: (i) maintain\n employment or, if unemployed, actively seek employment; (ii) maintain or\n commence an educational program; (iii) avoid all contact with an alleged\n victim of the crime and with any potential witness who may testify concerning\n the offense; (iv) comply with a specified curfew; (v) refrain from possessing\n a firearm, destructive device, or other dangerous weapon; (vi) refrain from\n excessive use of alcohol, or use of any illegal drug or any controlled\n substance not prescribed by a health care provider; and (vii) submit to\n testing for drugs and alcohol until the final disposition of his case;\n \t\t\t\t3b. Place a prohibition on a person who holds an elected constitutional\n office and who is accused of a felony arising from the performance of his\n duties from physically returning to his constitutional office;\n \t\t\t\t3c. Require the accused to accompany the arresting officer to the\n jurisdiction’s fingerprinting facility and submit to having his\n photograph and fingerprints taken prior to release; or\n\n 4. Impose any other condition deemed reasonably necessary to assure appearance\n as required, and to assure his good behavior pending trial, including a\n condition requiring that the person return to custody after specified hours or\n be placed on home electronic incarceration pursuant to § 53.1-131.2 or,\n when the person is required to execute a secured bond, be subject to\n monitoring by a GPS (Global Positioning System) tracking device, or other\n similar device. The defendant may be ordered by the court to pay the cost of\n the device.\n \t\t\t\tUpon satisfaction of the terms of recognizance, the accused shall be\n released forthwith.\n \t\t\t\tIn addition, where the accused is an individual receiving services in a\n state training center for individuals with intellectual disability, the\n judicial officer may place the individual in the custody of the director of\n the training center, if the director agrees to accept custody. The director is\n hereby authorized to take custody of the individual and to maintain him at the\n training center prior to a trial or hearing under such circumstances as will\n reasonably assure the appearance of the accused for the trial or hearing.\n\nB. In any jurisdiction served by a pretrial services agency which offers a drug\nor alcohol screening or testing program approved for the purposes of this\nsubsection by the chief general district court judge, any such person charged\nwith a crime may be requested by such agency to give voluntarily a urine sample,\nsubmit to a drug or alcohol screening, or take a breath test for presence of\nalcohol. A sample may be analyzed for the presence of phencyclidine (PCP),\nbarbiturates, cocaine, opiates or such other drugs as the agency may deem\nappropriate prior to any hearing to establish bail. The judicial officer and\nagency shall inform the accused or juvenile being screened or tested that test\nresults shall be used by a judicial officer only at a bail hearing and only to\ndetermine appropriate conditions of release or to reconsider the conditions of\nbail at a subsequent hearing. All screening or test results, and any pretrial\ninvestigation report containing the screening or test results, shall be\nconfidential with access thereto limited to judicial officers, the attorney for\nthe Commonwealth, defense counsel, other pretrial service agencies, any criminal\njustice agency as defined in § 9.1-101 and, in cases where a juvenile is\nscreened or tested, the parents or legal guardian or custodian of such juvenile.\nHowever, in no event shall the judicial officer have access to any screening or\ntest result prior to making a bail release determination or to determining the\namount of bond, if any. Following this determination, the judicial officer shall\nconsider the screening or test results and the screening or testing\nagency’s report and accompanying recommendations, if any, in setting\nappropriate conditions of release. In no event shall a decision regarding a\nrelease determination be subject to reversal on the sole basis of such screening\nor test results. Any accused or juvenile whose urine sample has tested positive\nfor such drugs and who is admitted to bail may, as a condition of release, be\nordered to refrain from use of alcohol or illegal drugs and may be required to\nbe tested on a periodic basis until final disposition of his case to ensure his\ncompliance with the order. Sanctions for a violation of any condition of\nrelease, which violations shall include subsequent positive drug or alcohol test\nresults or failure to report as ordered for testing, may be imposed in the\ndiscretion of the judicial officer and may include imposition of more stringent\nconditions of release, contempt of court proceedings, or revocation of release.\nAny report of a violation of any pretrial condition of release provided to the\ncourt shall be sent by the pretrial services agency to the attorney for the\nCommonwealth and the counsel of record for the accused or juvenile, or directly\nto the accused or juvenile if such person is not represented by counsel. Any\ntest given under the provisions of this subsection which yields a positive drug\nor alcohol test result shall be reconfirmed by a second test if the person\ntested denies or contests the initial drug or alcohol test positive result. The\nresults of any drug or alcohol test conducted pursuant to this subsection shall\nnot be admissible in any judicial proceeding other than for the imposition of\nsanctions for a violation of a condition of release.\n\nC. [Repealed.]\n\nD. Nothing in this section shall be construed to prevent an officer taking a\njuvenile into custody from releasing that juvenile pursuant to § 16.1-247.\nIf any condition of release imposed under the provisions of this section is\nviolated, a judicial officer may issue a capias or order to show cause why the\nrecognizance should not be revoked.\n\nE. Nothing in this section shall be construed to prevent a court from imposing a\nrecognizance or bond designed to secure a spousal or child support obligation\npursuant to § 16.1-278.16, Chapter 5 (§ 20-61 et seq.) of Title 20, or\n§ 20-114 in addition to any recognizance or bond imposed pursuant to this\nchapter.\n\nHISTORY: Code 1950, \u00a7 19.1-109.2; 1973, c. 485; 1975, c. 495; 1978, cc. 500,\n755; 1979, c. 518; 1981, c. 528; 1984, c. 707; 1989, c. 369; 1991, cc. 483, 512,\n581, 585; 1992, c. 576; 1993, c. 636; 1999, cc. 829, 846; 2000, cc. 885, 1020,\n1041; 2001, c. 201; 2006, c. 296; 2008, cc. 129, 884; 2011, cc. 799, 837; 2012,\ncc. 476, 507; 2013, c. 614; 2014, c. 466; 2024, c. 74.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}