{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-28.html"}],"law_id":83094,"edition_id":1,"section_id":83094,"structure_id":12719,"section_number":"53.1-28","catch_line":"Authority to fix discharge date; improper release; warrant, arrest and hearing","history":"Code 1950, \u00a7 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006, cc. 108, 132.","full_text":"For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of 30 days prior to the date upon which such prisoner’s term would normally expire. The Director shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner’s work history while in custody; (ii) certification of all educational and treatment programs completed by the prisoner while in custody; and (iii) a copy of his medical records, so long as such prisoner requests a copy of his records at least 60 days prior to the date upon which the prisoner’s term would expire. The Department shall develop procedures wherein the records are to be made available to the prisoner in a safe and secure manner.\n\t\tThe Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.","order_by":null,"text":{"0":{"id":297802,"text":"For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of 30 days prior to the date upon which such prisoner’s term would normally expire. The Director shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner’s work history while in custody; (ii) certification of all educational and treatment programs completed by the prisoner while in custody; and (iii) a copy of his medical records, so long as such prisoner requests a copy of his records at least 60 days prior to the date upon which the prisoner’s term would expire. The Department shall develop procedures wherein the records are to be made available to the prisoner in a safe and secure manner.\n\t\tThe Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12719,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237863,"object_type":"structure","relational_id":12719,"identifier":"1","token":"53.1\/2\/1","url":"\/53.1\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","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":53940,"structure_id":12719,"section_number":"53.1-18","catch_line":"Department to have custody of property; right to sue to protect property","url":"\/53.1-18\/","token":"53.1\/2\/1\/53.1-18","metadata":false},{"id":85630,"structure_id":12719,"section_number":"53.1-19","catch_line":"Establishment of correctional institutions","url":"\/53.1-19\/","token":"53.1\/2\/1\/53.1-19","metadata":false},{"id":63511,"structure_id":12719,"section_number":"53.1-20","catch_line":"Commitment of convicted persons to custody of Director","url":"\/53.1-20\/","token":"53.1\/2\/1\/53.1-20","metadata":false},{"id":79007,"structure_id":12719,"section_number":"53.1-20.1","catch_line":"Compensation of local jails for cost of incarceration","url":"\/53.1-20.1\/","token":"53.1\/2\/1\/53.1-20.1","metadata":false},{"id":57061,"structure_id":12719,"section_number":"53.1-21","catch_line":"Transfer of prisoners into and between state and local correctional facilities","url":"\/53.1-21\/","token":"53.1\/2\/1\/53.1-21","metadata":false},{"id":86190,"structure_id":12719,"section_number":"53.1-22","catch_line":"Misdemeanant suspected of having contagious disease","url":"\/53.1-22\/","token":"53.1\/2\/1\/53.1-22","metadata":false},{"id":64179,"structure_id":12719,"section_number":"53.1-23","catch_line":"Fingerprints, photographs and description","url":"\/53.1-23\/","token":"53.1\/2\/1\/53.1-23","metadata":false},{"id":56594,"structure_id":12719,"section_number":"53.1-23.1","catch_line":"Repealed","url":"\/53.1-23.1\/","token":"53.1\/2\/1\/53.1-23.1","metadata":false},{"id":80095,"structure_id":12719,"section_number":"53.1-23.2","catch_line":"Department to give notice of the receipt of certain prisoners","url":"\/53.1-23.2\/","token":"53.1\/2\/1\/53.1-23.2","metadata":false},{"id":54546,"structure_id":12719,"section_number":"53.1-24","catch_line":"Record of convictions and register to be kept","url":"\/53.1-24\/","token":"53.1\/2\/1\/53.1-24","metadata":false},{"id":66834,"structure_id":12719,"section_number":"53.1-25","catch_line":"Director to prescribe rules; rules to be available to prisoners","url":"\/53.1-25\/","token":"53.1\/2\/1\/53.1-25","metadata":false},{"id":56296,"structure_id":12719,"section_number":"53.1-25.1","catch_line":"Rules of state correctional facilities","url":"\/53.1-25.1\/","token":"53.1\/2\/1\/53.1-25.1","metadata":false},{"id":83061,"structure_id":12719,"section_number":"53.1-26","catch_line":"Confiscation of prohibited articles","url":"\/53.1-26\/","token":"53.1\/2\/1\/53.1-26","metadata":false},{"id":54317,"structure_id":12719,"section_number":"53.1-27","catch_line":"Establishment of stores in state correctional facilities","url":"\/53.1-27\/","token":"53.1\/2\/1\/53.1-27","metadata":false},{"id":83094,"structure_id":12719,"section_number":"53.1-28","catch_line":"Authority to fix discharge date; improper release; warrant, arrest and hearing","url":"\/53.1-28\/","token":"53.1\/2\/1\/53.1-28","metadata":false},{"id":70840,"structure_id":12719,"section_number":"53.1-29","catch_line":"Authority for correctional officers and other employees to carry weapons","url":"\/53.1-29\/","token":"53.1\/2\/1\/53.1-29","metadata":false},{"id":81741,"structure_id":12719,"section_number":"53.1-30","catch_line":"Who may enter interior of state correctional facilities; searches of those entering","url":"\/53.1-30\/","token":"53.1\/2\/1\/53.1-30","metadata":false},{"id":77086,"structure_id":12719,"section_number":"53.1-31","catch_line":"Sale or lease of gas, oil, or minerals","url":"\/53.1-31\/","token":"53.1\/2\/1\/53.1-31","metadata":false},{"id":63215,"structure_id":12719,"section_number":"53.1-31.1","catch_line":"Transportation of prisoners","url":"\/53.1-31.1\/","token":"53.1\/2\/1\/53.1-31.1","metadata":false},{"id":58019,"structure_id":12719,"section_number":"53.1-31.2","catch_line":"Notification of child support due by a prisoner","url":"\/53.1-31.2\/","token":"53.1\/2\/1\/53.1-31.2","metadata":false},{"id":69710,"structure_id":12719,"section_number":"53.1-31.3","catch_line":"Notification of incarcerated individuals ineligible for public assistance","url":"\/53.1-31.3\/","token":"53.1\/2\/1\/53.1-31.3","metadata":false},{"id":57907,"structure_id":12719,"section_number":"53.1-31.4","catch_line":"(Effective July 1, 2026) Government-issued identification; Department of Corrections-issued identification","url":"\/53.1-31.4\/","token":"53.1\/2\/1\/53.1-31.4","metadata":false}],"previous_section":{"id":54317,"structure_id":12719,"section_number":"53.1-27","catch_line":"Establishment of stores in state correctional facilities","url":"\/53.1-27\/","token":"53.1\/2\/1\/53.1-27","metadata":false},"next_section":{"id":70840,"structure_id":12719,"section_number":"53.1-29","catch_line":"Authority for correctional officers and other employees to carry weapons","url":"\/53.1-29\/","token":"53.1\/2\/1\/53.1-29","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-28\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1964, chapter 140; in 1968, chapter 303; in 1982, chapter 636; in 2006, chapters 108<\/a> and 132<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":237921,"object_type":"law","relational_id":83094,"identifier":"53.1-28","token":"53.1\/2\/1\/53.1-28","url":"\/53.1-28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-28\/","token":"53.1\/2\/1\/53.1-28","dublin_core":{"Title":"Authority to fix discharge date; improper release; warrant, arrest and hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director<\/span> shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of 30 days prior to the date upon which such prisoner’s term would normally expire. The Director<\/span> shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner’s work history while in custody<\/span>; (ii) certification of all educational and treatment programs completed by the prisoner while in custody<\/span>; and (iii) a copy of his medical records, so long as such prisoner requests a copy of his records at least 60 days prior to the date upon which the prisoner’s term would expire. The Department<\/span> shall develop procedures wherein the records are to be made available to the prisoner in a safe and secure manner.\n\t\tThe Director<\/span> or his designee upon the discovery<\/span> of an improper release or discharge of a prisoner from custody<\/span> shall report such release or discharge to the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the prisoner was released or discharged. The circuit<\/span> court<\/span> shall then issue<\/span> a warrant for the arrest<\/span> of the prisoner which may be executed by any duly sworn correctional officer<\/span> or law<\/span>-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court<\/span> to determine the propriety of the original discharge or release. After a hearing<\/span>, if the court<\/span> is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility<\/span> from which he was released or discharged, or to any other correctional facility designated by the Director<\/span> to serve the remainder of his sentence.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO FIX DISCHARGE DATE; IMPROPER RELEASE; WARRANT, ARREST AND HEARING\n(\u00a7 53.1-28)\n\nFor the purpose of scheduling and providing a uniform, effective and continual\nprogram of pre-release training and conditioning of prisoners, the Director\nshall have authority to discharge any prisoner within the Virginia penal system\non any day within a period of 30 days prior to the date upon which such\nprisoner’s term would normally expire. The Director shall provide each\nprisoner with the following documents upon discharge: (i) verification of the\nprisoner’s work history while in custody; (ii) certification of all\neducational and treatment programs completed by the prisoner while in custody;\nand (iii) a copy of his medical records, so long as such prisoner requests a\ncopy of his records at least 60 days prior to the date upon which the\nprisoner’s term would expire. The Department shall develop procedures\nwherein the records are to be made available to the prisoner in a safe and\nsecure manner.\n\t\tThe Director or his designee upon the discovery of an improper release or\ndischarge of a prisoner from custody shall report such release or discharge to\nthe circuit court of the jurisdiction wherein the prisoner was released or\ndischarged. The circuit court shall then issue a warrant for the arrest of the\nprisoner which may be executed by any duly sworn correctional officer or\nlaw-enforcement officer. Such warrant shall direct that the prisoner be\npresented forthwith to the court to determine the propriety of the original\ndischarge or release. After a hearing, if the court is satisfied that the\nrelease or discharge was made improperly, the prisoner shall be returned to the\nstate correctional facility from which he was released or discharged, or to any\nother correctional facility designated by the Director to serve the remainder of\nhis sentence.\n\nHISTORY: Code 1950, \u00a7 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006,\ncc. 108, 132.","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}}