{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-131.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-131.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-131.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-131.1.html"}],"law_id":76097,"edition_id":1,"section_id":76097,"structure_id":14854,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","history":"1983, c. 172; 1984, c. 490; 1994, c. 901; 1999, c. 9; 2002, cc. 805, 831; 2003, c. 1039; 2006, c. 792; 2018, c. 535.","full_text":"Any court having jurisdiction for the trial of a person charged with a misdemeanor, traffic offense, any offense under Chapter 5 (\u00a7 20-61 et seq.) of Title 20, or a felony that is not an act of violence as defined in \u00a7 19.2-297.1 may, for good cause, if the defendant is convicted and sentenced to confinement in jail and the active portion of the sentence remaining to be served is 45 days or less, impose the remaining time to be served on weekends or nonconsecutive days to permit the convicted defendant to retain gainful employment; however, the court shall not impose weekends or nonconsecutive days for a person convicted of a felony if the Commonwealth objects. A person sentenced pursuant to this section shall pay an amount to defray the cost of his keep, which amount shall be the actual cost of incarceration but shall not exceed that amount charged to the Compensation Board for purposes of reimbursement as provided in the general appropriation act. Such amount shall be collected by the sheriff, if he is responsible for operating a jail, or by the regional jail superintendent, and remitted by the sheriff to the treasurer of the appropriate county or city, or by the regional jail superintendent to the regional jail board or authority, solely for the purposes of defraying the costs of such weekend or nonconsecutive incarceration. The funds collected pursuant to this section shall not be used for purposes other than those provided for in this section. The assessment provided for herein shall be in addition to any other fees prescribed by law. If the defendant willfully fails to report at times specified by the court, the sentence imposed pursuant to this section shall be revoked and a straight jail sentence imposed.\n\t\tIf an offender who has been sentenced to nonconsecutive days by the court is in violation of the rules of the jail pursuant to \u00a7 53.1-117, the sheriff or jail administrator may require the offender to serve out a portion or the entirety of the remainder of his sentence in consecutive days. Upon revoking the offender’s ability to serve his sentence on nonconsecutive days, the sheriff or jail administrator shall notify in writing the court that sentenced the offender and indicate the specific violations that led to the decision.\n\t\tThe time served by a person sentenced for violation of state law in a local jail, regional jail, or local jail farm pursuant to this section shall be included in the count of prisoner days reported by the Department for the purpose of apportioning state funds to local correctional facilities for operating costs in accordance with \u00a7 53.1-84.","order_by":null,"text":{"0":{"id":273143,"text":"Any court having jurisdiction for the trial of a person charged with a misdemeanor, traffic offense, any offense under Chapter 5 (\u00a7 20-61 et seq.) of Title 20, or a felony that is not an act of violence as defined in \u00a7 19.2-297.1 may, for good cause, if the defendant is convicted and sentenced to confinement in jail and the active portion of the sentence remaining to be served is 45 days or less, impose the remaining time to be served on weekends or nonconsecutive days to permit the convicted defendant to retain gainful employment; however, the court shall not impose weekends or nonconsecutive days for a person convicted of a felony if the Commonwealth objects. A person sentenced pursuant to this section shall pay an amount to defray the cost of his keep, which amount shall be the actual cost of incarceration but shall not exceed that amount charged to the Compensation Board for purposes of reimbursement as provided in the general appropriation act. Such amount shall be collected by the sheriff, if he is responsible for operating a jail, or by the regional jail superintendent, and remitted by the sheriff to the treasurer of the appropriate county or city, or by the regional jail superintendent to the regional jail board or authority, solely for the purposes of defraying the costs of such weekend or nonconsecutive incarceration. The funds collected pursuant to this section shall not be used for purposes other than those provided for in this section. The assessment provided for herein shall be in addition to any other fees prescribed by law. If the defendant willfully fails to report at times specified by the court, the sentence imposed pursuant to this section shall be revoked and a straight jail sentence imposed.\n\t\tIf an offender who has been sentenced to nonconsecutive days by the court is in violation of the rules of the jail pursuant to \u00a7 53.1-117, the sheriff or jail administrator may require the offender to serve out a portion or the entirety of the remainder of his sentence in consecutive days. Upon revoking the offender’s ability to serve his sentence on nonconsecutive days, the sheriff or jail administrator shall notify in writing the court that sentenced the offender and indicate the specific violations that led to the decision.\n\t\tThe time served by a person sentenced for violation of state law in a local jail, regional jail, or local jail farm pursuant to this section shall be included in the count of prisoner days reported by the Department for the purpose of apportioning state funds to local correctional facilities for operating costs in accordance with \u00a7 53.1-84.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14854,"edition_id":1,"name":"Prisoner Programs and Treatment","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12847,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":238767,"object_type":"structure","relational_id":14854,"identifier":"7","token":"53.1\/3\/7","url":"\/53.1\/3\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12847,"edition_id":1,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":238281,"object_type":"structure","relational_id":12847,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67418,"structure_id":14854,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","url":"\/53.1-128\/","token":"53.1\/3\/7\/53.1-128","metadata":false},{"id":66959,"structure_id":14854,"section_number":"53.1-129","catch_line":"Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners","url":"\/53.1-129\/","token":"53.1\/3\/7\/53.1-129","metadata":false},{"id":75473,"structure_id":14854,"section_number":"53.1-130","catch_line":"Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty","url":"\/53.1-130\/","token":"53.1\/3\/7\/53.1-130","metadata":false},{"id":73492,"structure_id":14854,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","url":"\/53.1-131\/","token":"53.1\/3\/7\/53.1-131","metadata":false},{"id":76097,"structure_id":14854,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","url":"\/53.1-131.1\/","token":"53.1\/3\/7\/53.1-131.1","metadata":false},{"id":73781,"structure_id":14854,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","url":"\/53.1-131.2\/","token":"53.1\/3\/7\/53.1-131.2","metadata":false},{"id":76868,"structure_id":14854,"section_number":"53.1-131.3","catch_line":"Payment of costs associated with prisoners' keep","url":"\/53.1-131.3\/","token":"53.1\/3\/7\/53.1-131.3","metadata":false},{"id":61325,"structure_id":14854,"section_number":"53.1-132","catch_line":"Furloughs from local work release programs; penalty for violations","url":"\/53.1-132\/","token":"53.1\/3\/7\/53.1-132","metadata":false},{"id":85322,"structure_id":14854,"section_number":"53.1-133","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-133\/","token":"53.1\/3\/7\/53.1-133","metadata":false},{"id":71557,"structure_id":14854,"section_number":"53.1-133.01","catch_line":"Medical treatment for prisoners","url":"\/53.1-133.01\/","token":"53.1\/3\/7\/53.1-133.01","metadata":false},{"id":81065,"structure_id":14854,"section_number":"53.1-133.01:1","catch_line":"Payment for bodily injury","url":"\/53.1-133.01_1\/","token":"53.1\/3\/7\/53.1-133.01_1","metadata":false},{"id":65258,"structure_id":14854,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","url":"\/53.1-133.02\/","token":"53.1\/3\/7\/53.1-133.02","metadata":false},{"id":64708,"structure_id":14854,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-133.03\/","token":"53.1\/3\/7\/53.1-133.03","metadata":false},{"id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","metadata":false},{"id":56768,"structure_id":14854,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","url":"\/53.1-133.05\/","token":"53.1\/3\/7\/53.1-133.05","metadata":false}],"previous_section":{"id":73492,"structure_id":14854,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","url":"\/53.1-131\/","token":"53.1\/3\/7\/53.1-131","metadata":false},"next_section":{"id":73781,"structure_id":14854,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","url":"\/53.1-131.2\/","token":"53.1\/3\/7\/53.1-131.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-131.1\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 172 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1984, chapter 490; in 1994, chapter 901<\/a>; in 1999, chapter 9<\/a>; in 2002, chapters 805<\/a> and 831<\/a>; in 2003, chapter 1039<\/a>; in 2006, chapter 792<\/a>; in 2018, chapter 535<\/a>.<\/p>","references":[{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":81152,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","order_by":null,"url":"\/19.2-354\/"}],"refers_to":[{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"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":77700,"section_number":"53.1-117","catch_line":"Violations of rules to be recorded in register","order_by":null,"url":"\/53.1-117\/"},{"id":60462,"section_number":"53.1-84","catch_line":"State funds available to local correctional facilities for operating costs","order_by":null,"url":"\/53.1-84\/"}],"permalink":{"id":238785,"object_type":"law","relational_id":76097,"identifier":"53.1-131.1","token":"53.1\/3\/7\/53.1-131.1","url":"\/53.1-131.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-131.1\/","token":"53.1\/3\/7\/53.1-131.1","dublin_core":{"Title":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-131.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any court<\/span> having jurisdiction<\/span> for the trial<\/span> of a person charged with a misdemeanor<\/span>, traffic offense<\/span>, any offense<\/span> under Chapter 5 (\u00a7 20-61<\/a> et seq.) of Title 20, or a felony<\/span> that is not an act of violence as defined in \u00a7 19.2-297.1<\/a> may, for good cause, if the defendant<\/span> is convicted and sentenced to confinement in jail and the active portion of the sentence remaining to be served is 45 days or less, impose the remaining time to be served on weekends or nonconsecutive days to permit the convicted defendant<\/span> to retain gainful employment; however, the court<\/span> shall not impose weekends or nonconsecutive days for a person convicted of a felony<\/span> if the Commonwealth objects<\/span>. A person sentenced pursuant to this section shall pay an amount to defray the cost of his keep, which amount shall be the actual cost of incarceration but shall not exceed that amount charged to the Compensation Board<\/span> for purposes of reimbursement as provided in the general appropriation act. Such amount shall be collected by the sheriff, if he is responsible for operating a jail, or by the regional jail superintendent, and remitted by the sheriff to the treasurer of the appropriate county or city, or by the regional jail superintendent to the regional jail board<\/span> or authority, solely for the purposes of defraying the costs of such weekend or nonconsecutive incarceration. The funds collected pursuant to this section shall not be used for purposes other than those provided for in this section. The assessment provided for herein shall be in addition to any other fees prescribed by law<\/span>. If the defendant<\/span> willfully fails to report at times specified by the court<\/span>, the sentence imposed pursuant to this section shall be revoked and a straight jail sentence imposed.\n\t\tIf an offender who has been sentenced to nonconsecutive days by the court<\/span> is in violation of the rules of the jail pursuant to \u00a7 53.1-117<\/a>, the sheriff or jail administrator may require the offender to serve out a portion or the entirety of the remainder of his sentence in consecutive days. Upon revoking the offender’s ability to serve his sentence on nonconsecutive days, the sheriff or jail administrator shall notify in writing the court<\/span> that sentenced the offender and indicate the specific violations that led to the decision.\n\t\tThe time served by a person sentenced for violation of state law<\/span> in a local jail, regional jail, or local jail farm pursuant to this section shall be included in the count of prisoner days reported by the Department<\/span> for the purpose of apportioning state funds to local correctional facilities for operating costs in accordance with \u00a7 53.1-84<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION FOR SENTENCING OF PERSON TO NONCONSECUTIVE DAYS IN JAIL; PAYMENT TO\nDEFRAY COSTS; PENALTY (\u00a7 53.1-131.1)\n\nAny court having jurisdiction for the trial of a person charged with a\nmisdemeanor, traffic offense, any offense under Chapter 5 (\u00a7 20-61 et seq.) of\nTitle 20, or a felony that is not an act of violence as defined in \u00a7 19.2-297.1\nmay, for good cause, if the defendant is convicted and sentenced to confinement\nin jail and the active portion of the sentence remaining to be served is 45 days\nor less, impose the remaining time to be served on weekends or nonconsecutive\ndays to permit the convicted defendant to retain gainful employment; however,\nthe court shall not impose weekends or nonconsecutive days for a person\nconvicted of a felony if the Commonwealth objects. A person sentenced pursuant\nto this section shall pay an amount to defray the cost of his keep, which amount\nshall be the actual cost of incarceration but shall not exceed that amount\ncharged to the Compensation Board for purposes of reimbursement as provided in\nthe general appropriation act. Such amount shall be collected by the sheriff, if\nhe is responsible for operating a jail, or by the regional jail superintendent,\nand remitted by the sheriff to the treasurer of the appropriate county or city,\nor by the regional jail superintendent to the regional jail board or authority,\nsolely for the purposes of defraying the costs of such weekend or nonconsecutive\nincarceration. The funds collected pursuant to this section shall not be used\nfor purposes other than those provided for in this section. The assessment\nprovided for herein shall be in addition to any other fees prescribed by law. If\nthe defendant willfully fails to report at times specified by the court, the\nsentence imposed pursuant to this section shall be revoked and a straight jail\nsentence imposed.\n\t\tIf an offender who has been sentenced to nonconsecutive days by the court is\nin violation of the rules of the jail pursuant to \u00a7 53.1-117, the sheriff or\njail administrator may require the offender to serve out a portion or the\nentirety of the remainder of his sentence in consecutive days. Upon revoking the\noffender’s ability to serve his sentence on nonconsecutive days, the\nsheriff or jail administrator shall notify in writing the court that sentenced\nthe offender and indicate the specific violations that led to the decision.\n\t\tThe time served by a person sentenced for violation of state law in a local\njail, regional jail, or local jail farm pursuant to this section shall be\nincluded in the count of prisoner days reported by the Department for the\npurpose of apportioning state funds to local correctional facilities for\noperating costs in accordance with \u00a7 53.1-84.\n\nHISTORY: 1983, c. 172; 1984, c. 490; 1994, c. 901; 1999, c. 9; 2002, cc. 805,\n831; 2003, c. 1039; 2006, c. 792; 2018, c. 535.","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}}