                                 CODE OF VIRGINIA

RELEASE OF ACCUSED ON SECURED OR UNSECURED BOND OR PROMISE TO APPEAR; CONDITIONS
OF RELEASE (§ 19.2-123)

A. Any person arrested for a felony who has previously been convicted of a
felony, or who is presently on bond for an unrelated arrest in any jurisdiction,
or who is on probation or parole, may be released only upon a secure bond. This
provision may be waived with the approval of the judicial officer and with the
concurrence of the attorney for the Commonwealth or the attorney for the county,
city or town. Subject to the foregoing, when a person is arrested for either a
felony or a misdemeanor, any judicial officer may impose any one or any
combination of the following conditions of release:

   1. Place the person in the custody and supervision of a designated person,
   organization or pretrial services agency which, for the purposes of this
   section, shall not include a court services unit established pursuant to
   &#xA7; 16.1-233;

   2. Place restrictions on the travel, association or place of abode of the
   person during the period of release and restrict contacts with household
   members for a specified period of time;
   				2a. Require the execution of an unsecured bond;

   3. Require the execution of a secure bond which at the option of the accused
   shall be satisfied with sufficient solvent sureties, or the deposit of cash in
   lieu thereof. Only the actual value of any interest in real estate or personal
   property owned by the proposed surety shall be considered in determining
   solvency and solvency shall be found if the value of the proposed
   surety&#8217;s equity in the real estate or personal property equals or
   exceeds the amount of the bond;
   				3a. Require that the person do any or all of the following: (i) maintain
   employment or, if unemployed, actively seek employment; (ii) maintain or
   commence an educational program; (iii) avoid all contact with an alleged
   victim of the crime and with any potential witness who may testify concerning
   the offense; (iv) comply with a specified curfew; (v) refrain from possessing
   a firearm, destructive device, or other dangerous weapon; (vi) refrain from
   excessive use of alcohol, or use of any illegal drug or any controlled
   substance not prescribed by a health care provider; and (vii) submit to
   testing for drugs and alcohol until the final disposition of his case;
   				3b. Place a prohibition on a person who holds an elected constitutional
   office and who is accused of a felony arising from the performance of his
   duties from physically returning to his constitutional office;
   				3c. Require the accused to accompany the arresting officer to the
   jurisdiction&#8217;s fingerprinting facility and submit to having his
   photograph and fingerprints taken prior to release; or

   4. Impose any other condition deemed reasonably necessary to assure appearance
   as required, and to assure his good behavior pending trial, including a
   condition requiring that the person return to custody after specified hours or
   be placed on home electronic incarceration pursuant to &#xA7; 53.1-131.2 or,
   when the person is required to execute a secured bond, be subject to
   monitoring by a GPS (Global Positioning System) tracking device, or other
   similar device. The defendant may be ordered by the court to pay the cost of
   the device.
   				Upon satisfaction of the terms of recognizance, the accused shall be
   released forthwith.
   				In addition, where the accused is an individual receiving services in a
   state training center for individuals with intellectual disability, the
   judicial officer may place the individual in the custody of the director of
   the training center, if the director agrees to accept custody. The director is
   hereby authorized to take custody of the individual and to maintain him at the
   training center prior to a trial or hearing under such circumstances as will
   reasonably assure the appearance of the accused for the trial or hearing.

B. In any jurisdiction served by a pretrial services agency which offers a drug
or alcohol screening or testing program approved for the purposes of this
subsection by the chief general district court judge, any such person charged
with a crime may be requested by such agency to give voluntarily a urine sample,
submit to a drug or alcohol screening, or take a breath test for presence of
alcohol. A sample may be analyzed for the presence of phencyclidine (PCP),
barbiturates, cocaine, opiates or such other drugs as the agency may deem
appropriate prior to any hearing to establish bail. The judicial officer and
agency shall inform the accused or juvenile being screened or tested that test
results shall be used by a judicial officer only at a bail hearing and only to
determine appropriate conditions of release or to reconsider the conditions of
bail at a subsequent hearing. All screening or test results, and any pretrial
investigation report containing the screening or test results, shall be
confidential with access thereto limited to judicial officers, the attorney for
the Commonwealth, defense counsel, other pretrial service agencies, any criminal
justice agency as defined in &#xA7; 9.1-101 and, in cases where a juvenile is
screened or tested, the parents or legal guardian or custodian of such juvenile.
However, in no event shall the judicial officer have access to any screening or
test result prior to making a bail release determination or to determining the
amount of bond, if any. Following this determination, the judicial officer shall
consider the screening or test results and the screening or testing
agency&#8217;s report and accompanying recommendations, if any, in setting
appropriate conditions of release. In no event shall a decision regarding a
release determination be subject to reversal on the sole basis of such screening
or test results. Any accused or juvenile whose urine sample has tested positive
for such drugs and who is admitted to bail may, as a condition of release, be
ordered to refrain from use of alcohol or illegal drugs and may be required to
be tested on a periodic basis until final disposition of his case to ensure his
compliance with the order. Sanctions for a violation of any condition of
release, which violations shall include subsequent positive drug or alcohol test
results or failure to report as ordered for testing, may be imposed in the
discretion of the judicial officer and may include imposition of more stringent
conditions of release, contempt of court proceedings, or revocation of release.
Any report of a violation of any pretrial condition of release provided to the
court shall be sent by the pretrial services agency to the attorney for the
Commonwealth and the counsel of record for the accused or juvenile, or directly
to the accused or juvenile if such person is not represented by counsel. Any
test given under the provisions of this subsection which yields a positive drug
or alcohol test result shall be reconfirmed by a second test if the person
tested denies or contests the initial drug or alcohol test positive result. The
results of any drug or alcohol test conducted pursuant to this subsection shall
not be admissible in any judicial proceeding other than for the imposition of
sanctions for a violation of a condition of release.

C. [Repealed.]

D. Nothing in this section shall be construed to prevent an officer taking a
juvenile into custody from releasing that juvenile pursuant to &#xA7; 16.1-247.
If any condition of release imposed under the provisions of this section is
violated, a judicial officer may issue a capias or order to show cause why the
recognizance should not be revoked.

E. Nothing in this section shall be construed to prevent a court from imposing a
recognizance or bond designed to secure a spousal or child support obligation
pursuant to &#xA7; 16.1-278.16, Chapter 5 (&#xA7; 20-61 et seq.) of Title 20, or
&#xA7; 20-114 in addition to any recognizance or bond imposed pursuant to this
chapter.

HISTORY: Code 1950, § 19.1-109.2; 1973, c. 485; 1975, c. 495; 1978, cc. 500,
755; 1979, c. 518; 1981, c. 528; 1984, c. 707; 1989, c. 369; 1991, cc. 483, 512,
581, 585; 1992, c. 576; 1993, c. 636; 1999, cc. 829, 846; 2000, cc. 885, 1020,
1041; 2001, c. 201; 2006, c. 296; 2008, cc. 129, 884; 2011, cc. 799, 837; 2012,
cc. 476, 507; 2013, c. 614; 2014, c. 466; 2024, c. 74.