                                 CODE OF VIRGINIA

ORDER PERMITTING PRISONERS TO WORK ON STATE, COUNTY, CITY, TOWN, CERTAIN PRIVATE
PROPERTY OR NONPROFIT ORGANIZATION PROPERTY; BOND OF PERSON IN CHARGE OF
PRISONERS (§ 53.1-129)

The circuit court of any county or city may, by order entered of record, allow
persons confined in the jail of such county or city who are awaiting disposition
of, or serving sentences imposed for, misdemeanors or felonies to work on (i)
state, county, city or town property, (ii) any property owned by a nonprofit
organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) and that
is organized and operated exclusively for charitable or social welfare purposes
on a voluntary basis with the consent of the county, city, town or state agency
or the local public service authority or upon the request of the nonprofit
organization involved, (iii) private property that is part of a community
improvement project sponsored by a locality or that has structures that are
found to be public nuisances pursuant to §§ 15.2-900 and 15.2-906 provided
that the court has reviewed and approved the project for the purposes herein and
permits the prisoners to work on such project, (iv) any private property
utilized by a nonprofit organization that is exempt from taxation under 26
U.S.C. § 501(c)(3), or (v) private property in any locality that meets the
criteria under an ordinance adopted by such locality under § 15.2-908. The
district court of any county or city may allow persons confined in the jail of
such county or city who are awaiting disposition of, or serving sentences
imposed for, misdemeanors to work on (a) state, county, city or town property,
(b) any property owned by a nonprofit organization that is exempt from taxation
under 26 U.S.C. § 501(c)(3) and that is organized and operated exclusively for
charitable or social welfare purposes on a voluntary basis with consent of the
county, city, town or state agency or the local public service authority or upon
the request of the nonprofit organization involved, (c) private property that is
part of a community improvement project sponsored by a locality or that has
structures that are found to be public nuisances pursuant to §§ 15.2-900 and
15.2-906 provided that the court has reviewed and approved the project for the
purposes herein and permits the prisoners to work on such project, (d) any
private property utilized by a nonprofit organization that is exempt from
taxation under 26 U.S.C. § 501(c)(3), or (e) private property in any locality
that meets the criteria under an ordinance adopted by such locality under §
15.2-908. Prisoners performing work as provided in this paragraph may receive
credit on their respective sentences for the work done, whether such sentences
are imposed prior or subsequent to the work done, as the court orders.
		The court may, by order entered of record, require a person convicted of a
felony to work on state, county, city or town property, with the consent of the
county, city, town or state agency or the local public service authority
involved, for such credit on his sentence as the court orders.
		In the event that a person other than the sheriff or jail superintendent is
designated by the court to have charge of such prisoners while so working, the
court shall require a bond of the person, in an amount to be fixed by the court,
conditioned upon the faithful discharge of his duties. Neither the sheriff nor
the jail superintendent shall be held responsible for any acts of omission or
commission on the part of such person.
		Any person committed to jail upon a felony offense committed on or after
January 1, 1995, who receives credit on his sentence as provided in this section
shall not be entitled to good conduct credit, sentence credit, earned sentence
credit, other credit, or a combination of any credits in excess of that
permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title.
So much of an order of any court contrary to the provisions of Article 4 shall
be deemed null and void.

HISTORY: Code 1950, § 53-165; 1976, c. 618; 1978, c. 609; 1982, c. 636; 1984,
c. 43; 1991, c. 580; 1994, c. 269; 1997, cc. 134, 546; 1998, c. 311; 1999, cc.
277, 951, 1007; 2001, cc. 185, 196; 2003, cc. 818, 820; 2005, c. 409; 2008, c.
623; 2010, c. 132.