<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83094</law_id><section_number>53.1-28</section_number><catch_line>Authority to fix discharge date; improper release; warrant, arrest and hearing</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="2">State Correctional Facilities</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the <span class="dictionary">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&#x2019;s term would normally expire. The <span class="dictionary">Director</span> shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner&#x2019;s work history while in <span class="dictionary">custody</span>; (ii) certification of all educational and treatment programs completed by the prisoner while in <span class="dictionary">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&#x2019;s term would expire. The <span class="dictionary">Department</span> shall develop procedures wherein the records are to be made available to the prisoner in a safe and secure manner.
		The <span class="dictionary">Director</span> or his designee upon the <span class="dictionary">discovery</span> of an improper release or discharge of a prisoner from <span class="dictionary">custody</span> shall report such release or discharge to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the <span class="dictionary">jurisdiction</span> wherein the prisoner was released or discharged. The <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall then <span class="dictionary">issue</span> a warrant for the <span class="dictionary">arrest</span> of the prisoner which may be executed by any duly sworn <span class="dictionary">correctional officer</span> or <span class="dictionary">law</span>-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the <span class="dictionary">court</span> to determine the propriety of the original discharge or release. After a <span class="dictionary">hearing</span>, if the <span class="dictionary">court</span> is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the <span class="dictionary">state correctional facility</span> from which he was released or discharged, or to any other correctional facility designated by the <span class="dictionary">Director</span> to serve the remainder of his sentence.</p></section></text><history>Code 1950, &#xA7; 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006, cc. 108, 132.</history><metadata></metadata></law>
