{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-131.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-131.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-131.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-131.html"}],"law_id":73492,"edition_id":1,"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","history":"Code 1950, \u00a7\u00a7 19-273.1, 53-166.1; 1956, c. 688; Code 1950, \u00a7 19.1-300; 1960, c. 366; 1970, c. 121; 1972, c. 145; 1973, c. 38; 1976, c. 295; 1979, c. 706; 1980, c. 566; 1982, c. 636; 1984, c. 516; 1985, c. 301; 1988, c. 397; 1989, c. 586; 1990, cc. 107, 676, 768; 2000, c. 423; 2002, cc. 747, 800; 2006, c. 792; 2020, c. 759.","full_text":"A\n\nAny court having jurisdiction for the trial of a person charged with a criminal offense or charged with an offense under Chapter 5 (\u00a7 20-61 et seq.) of Title 20 may, if the defendant is convicted and (i) sentenced to confinement in jail or (ii) being held in jail pending completion of a presentence report pursuant to \u00a7 19.2-299, and if it appears to the court that such offender is a suitable candidate for work release, assign the offender to a work release program under the supervision of a probation officer, the sheriff or the administrator of a local or regional jail or a program designated by the court. The court further may authorize the offender to participate in educational or other rehabilitative programs designed to supplement his work release employment. 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 employment and the location of any educational or rehabilitative program in which the offender participates.\n\t\t\tAny person who has been sentenced to confinement in jail or who has been convicted of a felony but is confined in jail pursuant to \u00a7 53.1-20, in the discretion of the sheriff may be assigned by the sheriff to a work release program under the supervision of the sheriff or the administrator of a local or regional jail. The sheriff may further authorize the offender to participate in educational or other rehabilitative programs as defined in this section designed to supplement his work release employment. The court that sentenced the offender shall be notified in writing by the sheriff or the administrator of a local or regional jail of any such assignment and of the offender’s place of employment or other rehabilitative program. The court, in its discretion, may thereafter revoke the authority for such an offender to participate in a work release program.\n\t\t\tThe sheriff and the Director may enter into agreements whereby persons who are committed to the Department, whether such persons are housed in a state or local correctional facility, and who have met all standards for such release, may participate in a local work release program or in educational or other rehabilitative programs as defined in this section. The administrator of a regional jail and the Director may also enter into such agreements where such agreements are approved in advance by a majority of the sheriffs on the regional jail board. All persons accepted in accordance with this section shall be governed by all regulations applying to local work release, notwithstanding the provisions of any other section of the Code. Local jails shall qualify for compensation for cost of incarceration of such persons pursuant to \u00a7 53.1-20.1, less any payment for room and board collected from the inmate.\n\t\t\tIf an offender who has been assigned to such a program by the court is in violation of the rules of the jail pursuant to \u00a7 53.1-117, the sheriff or jail administrator may remove the offender from the work release program, either temporarily or for the duration of the offender’s confinement. Upon removing an offender from the work release program, 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\t\tAny offender assigned to such a program by the court or sheriff who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor. In the event such offender leaves the Commonwealth, the offender may be found guilty of an escape as provided in \u00a7 18.2-477. An offender who is found guilty of a Class 1 misdemeanor in accordance with this section shall be ineligible for further participation in a work release program during his current term of confinement.\n\t\t\tThe Board shall prescribe regulations to govern the work release, educational and other rehabilitative programs authorized by this section.\n\t\t\tAny wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of such wages shall be made for the following purposes:1\n\nTo pay an amount to defray the cost of his keep;2\n\nTo pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program;3\n\nTo provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or4\n\nTo pay any fines, restitution or costs as ordered by the court.\n\t\t\t\tAny balance at the end of his sentence shall be paid to the offender upon his release.B\n\nFor the purposes of this section:\n\t\t\t“Educational program” means a program of learning recognized by the State Council of Higher Education, the State Board of Education, the Director, or the State Board of Local and Regional Jails.\n\t\t\t“Rehabilitative program” includes an alcohol and drug treatment program, mental health program, family counseling, community service or other community program approved by the court having jurisdiction over the offender.\n\t\t\t“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 work release programs under this section.\n\t\t\t“Work release” means full-time employment or participation in suitable career and technical education programs.","order_by":null,"text":{"0":{"id":264460,"text":"Any court having jurisdiction for the trial of a person charged with a criminal offense or charged with an offense under Chapter 5 (\u00a7 20-61 et seq.) of Title 20 may, if the defendant is convicted and (i) sentenced to confinement in jail or (ii) being held in jail pending completion of a presentence report pursuant to \u00a7 19.2-299, and if it appears to the court that such offender is a suitable candidate for work release, assign the offender to a work release program under the supervision of a probation officer, the sheriff or the administrator of a local or regional jail or a program designated by the court. The court further may authorize the offender to participate in educational or other rehabilitative programs designed to supplement his work release employment. 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 employment and the location of any educational or rehabilitative program in which the offender participates.\n\t\t\tAny person who has been sentenced to confinement in jail or who has been convicted of a felony but is confined in jail pursuant to \u00a7 53.1-20, in the discretion of the sheriff may be assigned by the sheriff to a work release program under the supervision of the sheriff or the administrator of a local or regional jail. The sheriff may further authorize the offender to participate in educational or other rehabilitative programs as defined in this section designed to supplement his work release employment. The court that sentenced the offender shall be notified in writing by the sheriff or the administrator of a local or regional jail of any such assignment and of the offender’s place of employment or other rehabilitative program. The court, in its discretion, may thereafter revoke the authority for such an offender to participate in a work release program.\n\t\t\tThe sheriff and the Director may enter into agreements whereby persons who are committed to the Department, whether such persons are housed in a state or local correctional facility, and who have met all standards for such release, may participate in a local work release program or in educational or other rehabilitative programs as defined in this section. The administrator of a regional jail and the Director may also enter into such agreements where such agreements are approved in advance by a majority of the sheriffs on the regional jail board. All persons accepted in accordance with this section shall be governed by all regulations applying to local work release, notwithstanding the provisions of any other section of the Code. Local jails shall qualify for compensation for cost of incarceration of such persons pursuant to \u00a7 53.1-20.1, less any payment for room and board collected from the inmate.\n\t\t\tIf an offender who has been assigned to such a program by the court is in violation of the rules of the jail pursuant to \u00a7 53.1-117, the sheriff or jail administrator may remove the offender from the work release program, either temporarily or for the duration of the offender’s confinement. Upon removing an offender from the work release program, 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\t\tAny offender assigned to such a program by the court or sheriff who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor. In the event such offender leaves the Commonwealth, the offender may be found guilty of an escape as provided in \u00a7 18.2-477. An offender who is found guilty of a Class 1 misdemeanor in accordance with this section shall be ineligible for further participation in a work release program during his current term of confinement.\n\t\t\tThe Board shall prescribe regulations to govern the work release, educational and other rehabilitative programs authorized by this section.\n\t\t\tAny wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of such wages shall be made for the following purposes:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":264461,"text":"To pay an amount to defray the cost of his keep;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":264462,"text":"To pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":264463,"text":"To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":264464,"text":"To pay any fines, restitution or costs as ordered by the court.\n\t\t\t\tAny balance at the end of his sentence shall be paid to the offender upon his release.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":264465,"text":"For the purposes of this section:\n\t\t\t“Educational program” means a program of learning recognized by the State Council of Higher Education, the State Board of Education, the Director, or the State Board of Local and Regional Jails.\n\t\t\t“Rehabilitative program” includes an alcohol and drug treatment program, mental health program, family counseling, community service or other community program approved by the court having jurisdiction over the offender.\n\t\t\t“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 work release programs under this section.\n\t\t\t“Work release” means full-time employment or participation in suitable career and technical education programs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-131\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 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 1956, chapter 688; in 1960, chapter 366; in 1970, chapter 121; in 1972, chapter 145; in 1973, chapter 38; in 1976, chapter 295; in 1979, chapter 706; in 1980, chapter 566; in 1982, chapter 636; in 1984, chapter 516; in 1985, chapter 301; in 1988, chapter 397; in 1989, chapter 586; in 1990, chapters 107, 676, and 768; in 2000, chapter 423<\/a>; in 2002, chapters 747<\/a> and 800<\/a>; in 2006, chapter 792<\/a>; in 2020, chapter 759<\/a>.<\/p>","references":[{"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":66046,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","order_by":null,"url":"\/20-115\/"},{"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":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":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":61325,"section_number":"53.1-132","catch_line":"Furloughs from local work release programs; penalty for violations","order_by":null,"url":"\/53.1-132\/"},{"id":68684,"section_number":"53.1-133.4","catch_line":"Participant compensation","order_by":null,"url":"\/53.1-133.4\/"},{"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\/"},{"id":77283,"section_number":"53.1-60","catch_line":"Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations","order_by":null,"url":"\/53.1-60\/"},{"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\/"},{"id":60511,"section_number":"60.2-528","catch_line":"Individual benefit charges","order_by":null,"url":"\/60.2-528\/"}],"refers_to":[{"id":74785,"section_number":"18.2-477","catch_line":"Prisoner escaping from jail; how punished","order_by":null,"url":"\/18.2-477\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"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":63511,"section_number":"53.1-20","catch_line":"Commitment of convicted persons to custody of Director","order_by":null,"url":"\/53.1-20\/"},{"id":79007,"section_number":"53.1-20.1","catch_line":"Compensation of local jails for cost of incarceration","order_by":null,"url":"\/53.1-20.1\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"permalink":{"id":238781,"object_type":"law","relational_id":73492,"identifier":"53.1-131","token":"53.1\/3\/7\/53.1-131","url":"\/53.1-131\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-131\/","token":"53.1\/3\/7\/53.1-131","dublin_core":{"Title":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-131","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any court<\/span> having jurisdiction<\/span> for the trial<\/span> of a person charged with a criminal offense<\/span> or charged with an offense<\/span> under Chapter 5 (\u00a7 20-61<\/a> et seq.) of Title 20 may, if the defendant<\/span> is convicted and (i) sentenced to confinement in jail or (ii) being held in jail pending completion of a presentence report<\/span> pursuant to \u00a7 19.2-299<\/a>, and if it appears to the court<\/span> that such offender is a suitable candidate for work release<\/span>, assign the offender to a work release<\/span> program under the supervision of a probation officer<\/span>, the sheriff<\/span> or the administrator of a local or regional jail or a program designated by the court<\/span>. The court<\/span> further may authorize the offender to participate in educational or other rehabilitative programs<\/span> designed to supplement his work release<\/span> employment. The court<\/span> 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 employment and the location of any educational or rehabilitative program<\/span> in which the offender participates.\n\t\t\tAny person who has been sentenced to confinement in jail or who has been convicted of a felony<\/span> but is confined in jail pursuant to \u00a7 53.1-20<\/a>, in the discretion of the sheriff<\/span> may be assigned by the sheriff<\/span> to a work release<\/span> program under the supervision of the sheriff<\/span> or the administrator of a local or regional jail. The sheriff<\/span> may further authorize the offender to participate in educational or other rehabilitative programs<\/span> as defined in this section designed to supplement his work release<\/span> employment. The court<\/span> that sentenced the offender shall be notified in writing by the sheriff<\/span> or the administrator of a local or regional jail of any such assignment and of the offender’s place of employment or other rehabilitative program<\/span>. The court<\/span>, in its discretion, may thereafter revoke the authority for such an offender to participate in a work release<\/span> program.\n\t\t\tThe sheriff<\/span> and the Director<\/span> may enter into agreements whereby persons who are committed to the Department<\/span>, whether such persons are housed in a state or local correctional facility<\/span>, and who have met all standards for such release, may participate in a local work release<\/span> program or in educational or other rehabilitative programs<\/span> as defined in this section. The administrator of a regional jail and the Director<\/span> may also enter into such agreements where such agreements are approved in advance by a majority of the sheriffs<\/span> on the regional jail board<\/span>. All persons accepted in accordance with this section shall be governed by all regulations applying to local work release<\/span>, notwithstanding the provisions of any other section of the Code. Local jails shall qualify for compensation for cost of incarceration of such persons pursuant to \u00a7 53.1-20.1<\/a>, less any payment for room and board<\/span> collected from the inmate.\n\t\t\tIf an offender who has been assigned to such a program by the court<\/span> is in violation of the rules of the jail pursuant to \u00a7 53.1-117<\/a>, the sheriff<\/span> or jail administrator may remove the offender from the work release<\/span> program, either temporarily or for the duration of the offender’s confinement. Upon removing an offender from the work release<\/span> program, the sheriff<\/span> 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\t\tAny offender assigned to such a program by the court<\/span> or sheriff<\/span> who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs<\/span>, or leaves the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor<\/span>. In the event such offender leaves the Commonwealth, the offender may be found guilty of an escape as provided in \u00a7 18.2-477<\/a>. An offender who is found guilty of a Class 1 misdemeanor<\/span> in accordance with this section shall be ineligible for further participation in a work release<\/span> program during his current term of confinement.\n\t\t\tThe Board<\/span> shall prescribe regulations to govern the work release<\/span>, educational and other rehabilitative programs<\/span> authorized by this section.\n\t\t\tAny wages earned pursuant to this section by an offender may, upon order<\/span> of the court<\/span>, be paid to the director<\/span> or administrator of the program after standard payroll deductions required by law<\/span>. Distribution of such wages shall be made for the following purposes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To pay an amount to defray the cost of his keep; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To pay travel and other such expenses made necessary by his work release<\/span> employment or participation in an educational or rehabilitative program<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To provide support and maintenance for his dependents or to make payments to the local department<\/span> of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To pay any fines, restitution<\/span> or costs as ordered by the court<\/span>.\n\t\t\t\tAny balance at the end of his sentence shall be paid to the offender upon his release. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this section:\n\t\t\t“Educational program<\/span>” means a program of learning recognized by the State Council of Higher Education, the State Board<\/span> of Education, the Director<\/span>, or the State Board<\/span> of Local and Regional Jails.\n\t\t\t“Rehabilitative program<\/span>” includes an alcohol and drug treatment program, mental health program, family counseling, community service<\/span> or other community program approved by the court<\/span> having jurisdiction<\/span> over the offender.\n\t\t\t“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 work release<\/span> programs under this section.\n\t\t\t“Work release<\/span>” means full-time employment or participation in suitable career and technical education programs. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION FOR RELEASE OF PRISONER FROM CONFINEMENT FOR EMPLOYMENT, EDUCATIONAL\nOR OTHER REHABILITATIVE PROGRAMS; ESCAPE; PENALTY; DISPOSITION OF EARNINGS (\u00a7\n53.1-131)\n\nA. Any court having jurisdiction for the trial of a person charged with a\ncriminal offense or charged with an offense under Chapter 5 (\u00a7 20-61 et seq.)\nof Title 20 may, if the defendant is convicted and (i) sentenced to confinement\nin jail or (ii) being held in jail pending completion of a presentence report\npursuant to \u00a7 19.2-299, and if it appears to the court that such offender is a\nsuitable candidate for work release, assign the offender to a work release\nprogram under the supervision of a probation officer, the sheriff or the\nadministrator of a local or regional jail or a program designated by the court.\nThe court further may authorize the offender to participate in educational or\nother rehabilitative programs designed to supplement his work release\nemployment. The court shall be notified in writing by the director or\nadministrator of the program to which the offender is assigned of the\noffender’s place of employment and the location of any educational or\nrehabilitative program in which the offender participates.\n\t\t\tAny person who has been sentenced to confinement in jail or who has been\nconvicted of a felony but is confined in jail pursuant to \u00a7 53.1-20, in the\ndiscretion of the sheriff may be assigned by the sheriff to a work release\nprogram under the supervision of the sheriff or the administrator of a local or\nregional jail. The sheriff may further authorize the offender to participate in\neducational or other rehabilitative programs as defined in this section designed\nto supplement his work release employment. The court that sentenced the offender\nshall be notified in writing by the sheriff or the administrator of a local or\nregional jail of any such assignment and of the offender’s place of\nemployment or other rehabilitative program. The court, in its discretion, may\nthereafter revoke the authority for such an offender to participate in a work\nrelease program.\n\t\t\tThe sheriff and the Director may enter into agreements whereby persons who\nare committed to the Department, whether such persons are housed in a state or\nlocal correctional facility, and who have met all standards for such release,\nmay participate in a local work release program or in educational or other\nrehabilitative programs as defined in this section. The administrator of a\nregional jail and the Director may also enter into such agreements where such\nagreements are approved in advance by a majority of the sheriffs on the regional\njail board. All persons accepted in accordance with this section shall be\ngoverned by all regulations applying to local work release, notwithstanding the\nprovisions of any other section of the Code. Local jails shall qualify for\ncompensation for cost of incarceration of such persons pursuant to \u00a7 53.1-20.1,\nless any payment for room and board collected from the inmate.\n\t\t\tIf an offender who has been assigned to such a program by the court is in\nviolation of the rules of the jail pursuant to \u00a7 53.1-117, the sheriff or jail\nadministrator may remove the offender from the work release program, either\ntemporarily or for the duration of the offender’s confinement. Upon\nremoving an offender from the work release program, the sheriff or jail\nadministrator shall notify in writing the court that sentenced the offender and\nindicate the specific violations that led to the decision.\n\t\t\tAny offender assigned to such a program by the court or sheriff who, without\nproper authority or just cause, leaves the area to which he has been assigned to\nwork or attend educational or other rehabilitative programs, or leaves the\nvehicle or route of travel involved in his going to or returning from such\nplace, is guilty of a Class 1 misdemeanor. In the event such offender leaves the\nCommonwealth, the offender may be found guilty of an escape as provided in \u00a7\n18.2-477. An offender who is found guilty of a Class 1 misdemeanor in accordance\nwith this section shall be ineligible for further participation in a work\nrelease program during his current term of confinement.\n\t\t\tThe Board shall prescribe regulations to govern the work release, educational\nand other rehabilitative programs authorized by this section.\n\t\t\tAny wages earned pursuant to this section by an offender may, upon order of\nthe court, be paid to the director or administrator of the program after\nstandard payroll deductions required by law. Distribution of such wages shall be\nmade for the following purposes:\n\n 1. To pay an amount to defray the cost of his keep;\n\n 2. To pay travel and other such expenses made necessary by his work release\n employment or participation in an educational or rehabilitative program;\n\n 3. To provide support and maintenance for his dependents or to make payments\n to the local department of social services or the Commissioner of Social\n Services, as appropriate, on behalf of dependents who are receiving public\n assistance or social services as defined in § 63.2-100; or\n\n 4. To pay any fines, restitution or costs as ordered by the court.\n \t\t\t\tAny balance at the end of his sentence shall be paid to the offender upon\n his release.\n\nB. For the purposes of this section:\n\t\t\t“Educational program” means a program of learning recognized by\nthe State Council of Higher Education, the State Board of Education, the\nDirector, or the State Board of Local and Regional Jails.\n\t\t\t“Rehabilitative program” includes an alcohol and drug treatment\nprogram, mental health program, family counseling, community service or other\ncommunity program approved by the court having jurisdiction over the offender.\n\t\t\t“Sheriff” means the sheriff of the jurisdiction where the person\ncharged with the criminal offense was convicted and sentenced, provided that the\nsheriff may designate a deputy sheriff or regional jail administrator to assign\noffenders to work release programs under this section.\n\t\t\t“Work release” means full-time employment or participation in\nsuitable career and technical education programs.\n\nHISTORY: Code 1950, \u00a7\u00a7 19-273.1, 53-166.1; 1956, c. 688; Code 1950, \u00a7\n19.1-300; 1960, c. 366; 1970, c. 121; 1972, c. 145; 1973, c. 38; 1976, c. 295;\n1979, c. 706; 1980, c. 566; 1982, c. 636; 1984, c. 516; 1985, c. 301; 1988, c.\n397; 1989, c. 586; 1990, cc. 107, 676, 768; 2000, c. 423; 2002, cc. 747, 800;\n2006, c. 792; 2020, c. 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}}