{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-131.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-131.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-131.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-131.2.html"}],"law_id":73781,"edition_id":1,"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","history":"1989, c. 476; 1990, c. 209; 1991, cc. 278, 428; 1992, c. 604; 1994, cc. 612, 659, 688, 720, 841, 945; 2000, c. 423; 2002, c. 800; 2010, c. 682; 2020, cc. 10, 759.","full_text":"A\n\nAny court having jurisdiction for the trial of a person charged with a criminal offense, a traffic offense or an offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or failure to pay child support pursuant to a court order may, if the defendant is convicted and sentenced to confinement in a state or local correctional facility, and if it appears to the court that such an offender is a suitable candidate for home\/electronic incarceration, assign the offender to a home\/electronic incarceration program as a condition of probation, if such program exists, under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole district office established pursuant to § 53.1-141. However, any offender who is convicted of any of the following violations of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible for participation in the home\/electronic incarceration program: (i) first and second degree murder and voluntary manslaughter under Article 1 (§ 18.2-30 et seq.); (ii) mob-related felonies under Article 2 (§ 18.2-38 et seq.); (iii) any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.); (iv) any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.); (v) robbery under § 18.2-58.1; or (vi) any criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.). The court may further authorize the offender’s participation in work release employment or educational or other rehabilitative programs as defined in § 53.1-131 or, as appropriate, in a court-ordered intensive case monitoring program for child support. The court shall be notified in writing by the director or administrator of the program to which the offender is assigned of the offender’s place of home\/electronic incarceration, place of employment, and the location of any educational or rehabilitative program in which the offender participates.B\n\nIn any city or county in which a home\/electronic incarceration program established pursuant to this section is available, the court, subject to approval by the sheriff or the jail superintendent of a local or regional jail, may assign the accused to such a program pending trial if it appears to the court that the accused is a suitable candidate for home\/electronic incarceration.C\n\nAny person who has been sentenced to jail or convicted and sentenced to confinement in prison but is actually serving his sentence in jail, after notice to the attorney for the Commonwealth of the convicting jurisdiction, may be assigned by the sheriff to a home\/electronic incarceration program under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole office established pursuant to § 53.1-141. However, if the offender violates any provision of the terms of the home\/electronic incarceration agreement, the offender may have the assignment revoked and, if revoked, shall be held in the jail facility to which he was originally sentenced. Such person shall be eligible if his term of confinement does not include a sentence for a conviction of a felony violent crime, a felony sexual offense, burglary or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a Schedule I or Schedule II controlled substance. The court shall retain authority to remove the offender from such home\/electronic incarceration program. The court which sentenced the offender shall be notified in writing by the sheriff or the administrator of a local or regional jail of the offender’s place of home\/electronic incarceration and place of employment or other rehabilitative program.D\n\nThe Board may prescribe regulations to govern home\/electronic incarceration programs, and the Director may prescribe rules to govern home\/electronic incarceration programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141.E\n\nAny offender or accused assigned to such a program by the court or sheriff who, without proper authority or just cause, leaves his place of home\/electronic incarceration, the area to which he has been assigned to work or attend educational or other rehabilitative programs, including a court-ordered intensive case monitoring program for child support, or the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor. An offender or accused who is found guilty of a violation of this section shall be ineligible for further participation in a home\/electronic incarceration program during his current term of confinement.F\n\nThe director or administrator of a home\/electronic incarceration program who also operates a residential program may remove an offender from a home\/electronic incarceration program and place him in such residential program if the offender commits a noncriminal program violation. The court shall be notified of the violation and of the placement of the offender in the residential program.G\n\nThe director or administrator of a home\/electronic incarceration program may charge the offender or accused a fee for participating in the program which shall be used for the cost of home\/electronic incarceration equipment. The offender or accused shall be required to pay the program for any damage to the equipment which is in his possession or for failure to return the equipment to the program.H\n\nAny wages earned by an offender or accused assigned to a home\/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard payroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:1\n\nMeet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;2\n\nPay any fines, restitution or costs as ordered by the court;3\n\nPay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150; and4\n\nDefray the offender’s keep.\n\t\t\t\tThe balance shall be credited to the offender’s account or sent to his family in an amount the offender so chooses.\n\t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons participating in such programs, except programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141, the withholding of payments, and the disbursement of appropriate funds. The Director shall prescribe rules governing the receipt of wages paid to persons participating in such programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141, the withholding of payments, and the disbursement of appropriate funds.I\n\nFor the purposes of this section, “sheriff” means the sheriff of the jurisdiction where the person charged with the criminal offense was convicted and sentenced, provided that the sheriff may designate a deputy sheriff or regional jail administrator to assign offenders to home\/electronic incarceration programs pursuant to this section.","order_by":null,"text":{"0":{"id":265313,"text":"Any court having jurisdiction for the trial of a person charged with a criminal offense, a traffic offense or an offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or failure to pay child support pursuant to a court order may, if the defendant is convicted and sentenced to confinement in a state or local correctional facility, and if it appears to the court that such an offender is a suitable candidate for home\/electronic incarceration, assign the offender to a home\/electronic incarceration program as a condition of probation, if such program exists, under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole district office established pursuant to § 53.1-141. However, any offender who is convicted of any of the following violations of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible for participation in the home\/electronic incarceration program: (i) first and second degree murder and voluntary manslaughter under Article 1 (§ 18.2-30 et seq.); (ii) mob-related felonies under Article 2 (§ 18.2-38 et seq.); (iii) any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.); (iv) any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.); (v) robbery under § 18.2-58.1; or (vi) any criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.). The court may further authorize the offender’s participation in work release employment or educational or other rehabilitative programs as defined in § 53.1-131 or, as appropriate, in a court-ordered intensive case monitoring program for child support. The court shall be notified in writing by the director or administrator of the program to which the offender is assigned of the offender’s place of home\/electronic incarceration, place of employment, and the location of any educational or rehabilitative program in which the offender participates.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265314,"text":"In any city or county in which a home\/electronic incarceration program established pursuant to this section is available, the court, subject to approval by the sheriff or the jail superintendent of a local or regional jail, may assign the accused to such a program pending trial if it appears to the court that the accused is a suitable candidate for home\/electronic incarceration.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265315,"text":"Any person who has been sentenced to jail or convicted and sentenced to confinement in prison but is actually serving his sentence in jail, after notice to the attorney for the Commonwealth of the convicting jurisdiction, may be assigned by the sheriff to a home\/electronic incarceration program under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole office established pursuant to § 53.1-141. However, if the offender violates any provision of the terms of the home\/electronic incarceration agreement, the offender may have the assignment revoked and, if revoked, shall be held in the jail facility to which he was originally sentenced. Such person shall be eligible if his term of confinement does not include a sentence for a conviction of a felony violent crime, a felony sexual offense, burglary or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a Schedule I or Schedule II controlled substance. The court shall retain authority to remove the offender from such home\/electronic incarceration program. The court which sentenced the offender shall be notified in writing by the sheriff or the administrator of a local or regional jail of the offender’s place of home\/electronic incarceration and place of employment or other rehabilitative program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265316,"text":"The Board may prescribe regulations to govern home\/electronic incarceration programs, and the Director may prescribe rules to govern home\/electronic incarceration programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265317,"text":"Any offender or accused assigned to such a program by the court or sheriff who, without proper authority or just cause, leaves his place of home\/electronic incarceration, the area to which he has been assigned to work or attend educational or other rehabilitative programs, including a court-ordered intensive case monitoring program for child support, or the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor. An offender or accused who is found guilty of a violation of this section shall be ineligible for further participation in a home\/electronic incarceration program during his current term of confinement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":265318,"text":"The director or administrator of a home\/electronic incarceration program who also operates a residential program may remove an offender from a home\/electronic incarceration program and place him in such residential program if the offender commits a noncriminal program violation. The court shall be notified of the violation and of the placement of the offender in the residential program.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":265319,"text":"The director or administrator of a home\/electronic incarceration program may charge the offender or accused a fee for participating in the program which shall be used for the cost of home\/electronic incarceration equipment. The offender or accused shall be required to pay the program for any damage to the equipment which is in his possession or for failure to return the equipment to the program.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":265320,"text":"Any wages earned by an offender or accused assigned to a home\/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard payroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":265321,"text":"Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"9":{"id":265322,"text":"Pay any fines, restitution or costs as ordered by the court;","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"10":{"id":265323,"text":"Pay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150; and","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"11":{"id":265324,"text":"Defray the offender’s keep.\n\t\t\t\tThe balance shall be credited to the offender’s account or sent to his family in an amount the offender so chooses.\n\t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons participating in such programs, except programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141, the withholding of payments, and the disbursement of appropriate funds. The Director shall prescribe rules governing the receipt of wages paid to persons participating in such programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141, the withholding of payments, and the disbursement of appropriate funds.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"I"},"12":{"id":265325,"text":"For the purposes of this section, “sheriff” means the sheriff of the jurisdiction where the person charged with the criminal offense was convicted and sentenced, provided that the sheriff may designate a deputy sheriff or regional jail administrator to assign offenders to home\/electronic incarceration programs pursuant to this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-131.2\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 476 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1990, chapter 209; in 1991, chapters 278 and 428; in 1992, chapter 604; in 1994, chapters 612<\/a>, 659<\/a>, 688<\/a>, 720<\/a>, 841<\/a>, and 945<\/a>; in 2000, chapter 423<\/a>; in 2002, chapter 800<\/a>; in 2010, chapter 682<\/a>; in 2020, chapters 10<\/a> and 759<\/a>.<\/p>","references":[{"id":58592,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","order_by":null,"url":"\/19.2-123\/"},{"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\/"},{"id":63882,"section_number":"53.1-109","catch_line":"Authority of jail superintendent and jail officers; fees charged to prisoner","order_by":null,"url":"\/53.1-109\/"},{"id":66213,"section_number":"53.1-116","catch_line":"What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays","order_by":null,"url":"\/53.1-116\/"},{"id":62293,"section_number":"53.1-95.8","catch_line":"Authority of superintendent and jail officers; oath and bond; fees charged to prisoner","order_by":null,"url":"\/53.1-95.8\/"}],"refers_to":[{"id":77418,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","order_by":null,"url":"\/18.2-30\/"},{"id":62588,"section_number":"18.2-38","catch_line":"\"Mob\" defined","order_by":null,"url":"\/18.2-38\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":71665,"section_number":"18.2-58.1","catch_line":"Carjacking; penalty","order_by":null,"url":"\/18.2-58.1\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"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":73492,"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","order_by":null,"url":"\/53.1-131\/"},{"id":74289,"section_number":"53.1-141","catch_line":"Division into probation and parole districts","order_by":null,"url":"\/53.1-141\/"},{"id":71675,"section_number":"53.1-150","catch_line":"Contributions by persons on parole, probation, and work release","order_by":null,"url":"\/53.1-150\/"}],"permalink":{"id":238789,"object_type":"law","relational_id":73781,"identifier":"53.1-131.2","token":"53.1\/3\/7\/53.1-131.2","url":"\/53.1-131.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-131.2\/","token":"53.1\/3\/7\/53.1-131.2","dublin_core":{"Title":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-131.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any court having jurisdiction<\/span> for the trial<\/span> of a person charged with a criminal offense<\/span>, a traffic offense<\/span> or an offense<\/span> under Chapter 5 (§ 20-61<\/a> et seq.) of Title 20, or failure to pay child support pursuant to a court order<\/span> may, if the defendant<\/span> is convicted and sentenced to confinement in a state or local correctional facility<\/span>, and if it appears to the court that such an offender is a suitable candidate for home\/electronic incarceration, assign the offender to a home\/electronic incarceration program as a condition of probation<\/span>, if such program exists, under the supervision of the sheriff<\/span>, the administrator of a local or regional jail, or a Department<\/span> of Corrections probation<\/span> and parole<\/span> district office established pursuant to § 53.1-141<\/a>. However, any offender who is convicted of any of the following violations of Chapter 4 (§ 18.2-30<\/a> et seq.) of Title 18.2 shall not be eligible for participation in the home\/electronic incarceration program: (i) first and second degree murder<\/span> and voluntary manslaughter<\/span> under Article 1 (§ 18.2-30<\/a> et seq.); (ii) mob-related felonies under Article 2 (§ 18.2-38<\/a> et seq.); (iii) any kidnapping or abduction felony<\/span> under Article 3 (§ 18.2-47<\/a> et seq.); (iv) any malicious<\/span> felonious assault<\/span> or malicious<\/span> bodily wounding under Article 4 (§ 18.2-51<\/a> et seq.); (v) robbery<\/span> under § 18.2-58.1<\/a>; or (vi) any criminal sexual assault<\/span> punishable as a felony<\/span> under Article 7 (§ 18.2-61<\/a> et seq.). The court may further authorize the offender’s participation in work release employment or educational or other rehabilitative programs as defined in § 53.1-131<\/a> or, as appropriate, in a court-ordered intensive case monitoring program for child support. The court shall be notified in writing by the director<\/span> or administrator of the program to which the offender is assigned of the offender’s place of home\/electronic incarceration, place of employment, and the location of any educational or rehabilitative program in which the offender participates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any city or county in which a home\/electronic incarceration program established pursuant to this section is available, the court, subject to approval by the sheriff<\/span> or the jail superintendent of a local or regional jail, may assign the accused<\/span> to such a program pending trial<\/span> if it appears to the court that the accused<\/span> is a suitable candidate for home\/electronic incarceration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who has been sentenced to jail or convicted and sentenced to confinement in prison but is actually serving his sentence in jail, after notice to the attorney for the Commonwealth of the convicting jurisdiction<\/span>, may be assigned by the sheriff<\/span> to a home\/electronic incarceration program under the supervision of the sheriff<\/span>, the administrator of a local or regional jail, or a Department<\/span> of Corrections probation<\/span> and parole<\/span> office established pursuant to § 53.1-141<\/a>. However, if the offender violates any provision of the terms of the home\/electronic incarceration agreement, the offender may have the assignment revoked and, if revoked, shall be held in the jail facility to which he was originally sentenced. Such person shall be eligible if his term of confinement does not include a sentence for a conviction<\/span> of a felony<\/span> violent crime<\/span>, a felony<\/span> sexual offense<\/span>, burglary<\/span> or manufacturing, selling, giving, distributing or possessing with the intent<\/span> to manufacture, sell, give or distribute a Schedule I or Schedule II controlled substance. The court shall retain authority to remove the offender from such home\/electronic incarceration program. The court which sentenced the offender shall be notified in writing by the sheriff<\/span> or the administrator of a local or regional jail of the offender’s place of home\/electronic incarceration and place of employment or other rehabilitative program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> may prescribe regulations to govern home\/electronic incarceration programs, and the Director<\/span> may prescribe rules to govern home\/electronic incarceration programs operated under the supervision of a Department<\/span> of Corrections probation<\/span> and parole<\/span> district office established pursuant to § 53.1-141<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any offender or accused<\/span> assigned to such a program by the court or sheriff<\/span> who, without proper authority or just cause, leaves his place of home\/electronic incarceration, the area to which he has been assigned to work or attend educational or other rehabilitative programs, including a court-ordered intensive case monitoring program for child support, or the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor<\/span>. An offender or accused<\/span> who is found guilty of a violation of this section shall be ineligible for further participation in a home\/electronic incarceration program during his current term of confinement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The director<\/span> or administrator of a home\/electronic incarceration program who also operates a residential program may remove an offender from a home\/electronic incarceration program and place him in such residential program if the offender commits a noncriminal program violation. The court shall be notified of the violation and of the placement of the offender in the residential program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The director<\/span> or administrator of a home\/electronic incarceration program may charge the offender or accused<\/span> a fee for participating in the program which shall be used for the cost of home\/electronic incarceration equipment. The offender or accused<\/span> shall be required to pay the program for any damage to the equipment which is in his possession<\/span> or for failure to return the equipment to the program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any wages earned by an offender or accused<\/span> assigned to a home\/electronic incarceration program and participating in work release shall be paid to the director<\/span> or administrator after standard payroll deductions required by law<\/span>. Distribution of the money collected shall be made in the following order of priority to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pay any fines, restitution<\/span> or costs as ordered by the court; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Pay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Defray the offender’s keep.\n\t\t\t\tThe balance shall be credited to the offender’s account or sent to his family in an amount the offender so chooses.\n\t\t\t\tThe State Board<\/span> of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons participating in such programs, except programs operated under the supervision of a Department<\/span> of Corrections probation<\/span> and parole<\/span> district office established pursuant to § 53.1-141<\/a>, the withholding of payments, and the disbursement of appropriate funds. The Director<\/span> shall prescribe rules governing the receipt of wages paid to persons participating in such programs operated under the supervision of a Department<\/span> of Corrections probation<\/span> and parole<\/span> district office established pursuant to § 53.1-141<\/a>, the withholding of payments, and the disbursement of appropriate funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> For the purposes of this section, “sheriff” means the sheriff of the jurisdiction<\/span> where the person charged with the criminal offense<\/span> was convicted and sentenced, provided that the sheriff may designate a deputy sheriff<\/span> or regional jail administrator to assign offenders to home\/electronic incarceration programs pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSIGNMENT TO A HOME\/ELECTRONIC INCARCERATION PROGRAM; PAYMENT TO DEFRAY COSTS;\nESCAPE; PENALTY (\u00a7 53.1-131.2)\n\nA. Any court having jurisdiction for the trial of a person charged with a\ncriminal offense, a traffic offense or an offense under Chapter 5 (§ 20-61\net seq.) of Title 20, or failure to pay child support pursuant to a court order\nmay, if the defendant is convicted and sentenced to confinement in a state or\nlocal correctional facility, and if it appears to the court that such an\noffender is a suitable candidate for home\/electronic incarceration, assign the\noffender to a home\/electronic incarceration program as a condition of probation,\nif such program exists, under the supervision of the sheriff, the administrator\nof a local or regional jail, or a Department of Corrections probation and parole\ndistrict office established pursuant to § 53.1-141. However, any offender\nwho is convicted of any of the following violations of Chapter 4 (§ 18.2-30\net seq.) of Title 18.2 shall not be eligible for participation in the\nhome\/electronic incarceration program: (i) first and second degree murder and\nvoluntary manslaughter under Article 1 (§ 18.2-30 et seq.); (ii)\nmob-related felonies under Article 2 (§ 18.2-38 et seq.); (iii) any\nkidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.); (iv)\nany malicious felonious assault or malicious bodily wounding under Article 4\n(§ 18.2-51 et seq.); (v) robbery under § 18.2-58.1; or (vi) any\ncriminal sexual assault punishable as a felony under Article 7 (§ 18.2-61\net seq.). The court may further authorize the offender’s participation in\nwork release employment or educational or other rehabilitative programs as\ndefined in § 53.1-131 or, as appropriate, in a court-ordered intensive case\nmonitoring program for child support. The court shall be notified in writing by\nthe director or administrator of the program to which the offender is assigned\nof the offender’s place of home\/electronic incarceration, place of\nemployment, and the location of any educational or rehabilitative program in\nwhich the offender participates.\n\nB. In any city or county in which a home\/electronic incarceration program\nestablished pursuant to this section is available, the court, subject to\napproval by the sheriff or the jail superintendent of a local or regional jail,\nmay assign the accused to such a program pending trial if it appears to the\ncourt that the accused is a suitable candidate for home\/electronic\nincarceration.\n\nC. Any person who has been sentenced to jail or convicted and sentenced to\nconfinement in prison but is actually serving his sentence in jail, after notice\nto the attorney for the Commonwealth of the convicting jurisdiction, may be\nassigned by the sheriff to a home\/electronic incarceration program under the\nsupervision of the sheriff, the administrator of a local or regional jail, or a\nDepartment of Corrections probation and parole office established pursuant to\n§ 53.1-141. However, if the offender violates any provision of the terms of\nthe home\/electronic incarceration agreement, the offender may have the\nassignment revoked and, if revoked, shall be held in the jail facility to which\nhe was originally sentenced. Such person shall be eligible if his term of\nconfinement does not include a sentence for a conviction of a felony violent\ncrime, a felony sexual offense, burglary or manufacturing, selling, giving,\ndistributing or possessing with the intent to manufacture, sell, give or\ndistribute a Schedule I or Schedule II controlled substance. The court shall\nretain authority to remove the offender from such home\/electronic incarceration\nprogram. The court which sentenced the offender shall be notified in writing by\nthe sheriff or the administrator of a local or regional jail of the\noffender’s place of home\/electronic incarceration and place of employment\nor other rehabilitative program.\n\nD. The Board may prescribe regulations to govern home\/electronic incarceration\nprograms, and the Director may prescribe rules to govern home\/electronic\nincarceration programs operated under the supervision of a Department of\nCorrections probation and parole district office established pursuant to §\n53.1-141.\n\nE. Any offender or accused assigned to such a program by the court or sheriff\nwho, without proper authority or just cause, leaves his place of home\/electronic\nincarceration, the area to which he has been assigned to work or attend\neducational or other rehabilitative programs, including a court-ordered\nintensive case monitoring program for child support, or the vehicle or route of\ntravel involved in his going to or returning from such place, is guilty of a\nClass 1 misdemeanor. An offender or accused who is found guilty of a violation\nof this section shall be ineligible for further participation in a\nhome\/electronic incarceration program during his current term of confinement.\n\nF. The director or administrator of a home\/electronic incarceration program who\nalso operates a residential program may remove an offender from a\nhome\/electronic incarceration program and place him in such residential program\nif the offender commits a noncriminal program violation. The court shall be\nnotified of the violation and of the placement of the offender in the\nresidential program.\n\nG. The director or administrator of a home\/electronic incarceration program may\ncharge the offender or accused a fee for participating in the program which\nshall be used for the cost of home\/electronic incarceration equipment. The\noffender or accused shall be required to pay the program for any damage to the\nequipment which is in his possession or for failure to return the equipment to\nthe program.\n\nH. Any wages earned by an offender or accused assigned to a home\/electronic\nincarceration program and participating in work release shall be paid to the\ndirector or administrator after standard payroll deductions required by law.\nDistribution of the money collected shall be made in the following order of\npriority to:\n\n 1. Meet the obligation of any judicial or administrative order to provide\n support and such funds shall be disbursed according to the terms of such\n order;\n\n 2. Pay any fines, restitution or costs as ordered by the court;\n\n 3. Pay travel and other such expenses made necessary by his work release\n employment or participation in an education or rehabilitative program,\n including the sums specified in § 53.1-150; and\n\n 4. Defray the offender’s keep.\n \t\t\t\tThe balance shall be credited to the offender’s account or sent to\n his family in an amount the offender so chooses.\n \t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations\n governing the receipt of wages paid to persons participating in such programs,\n except programs operated under the supervision of a Department of Corrections\n probation and parole district office established pursuant to § 53.1-141,\n the withholding of payments, and the disbursement of appropriate funds. The\n Director shall prescribe rules governing the receipt of wages paid to persons\n participating in such programs operated under the supervision of a Department\n of Corrections probation and parole district office established pursuant to\n § 53.1-141, the withholding of payments, and the disbursement of\n appropriate funds.\n\nI. For the purposes of this section, “sheriff” means the sheriff of\nthe jurisdiction where the person charged with the criminal offense was\nconvicted and sentenced, provided that the sheriff may designate a deputy\nsheriff or regional jail administrator to assign offenders to home\/electronic\nincarceration programs pursuant to this section.\n\nHISTORY: 1989, c. 476; 1990, c. 209; 1991, cc. 278, 428; 1992, c. 604; 1994, cc.\n612, 659, 688, 720, 841, 945; 2000, c. 423; 2002, c. 800; 2010, c. 682; 2020,\ncc. 10, 759.","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}}