                                 CODE OF VIRGINIA

PROVISION FOR SENTENCING OF PERSON TO NONCONSECUTIVE DAYS IN JAIL; PAYMENT TO
DEFRAY COSTS; PENALTY (§ 53.1-131.1)

Any court having jurisdiction for the trial of a person charged with a
misdemeanor, traffic offense, any offense under Chapter 5 (§ 20-61 et seq.) of
Title 20, or a felony that is not an act of violence as defined in § 19.2-297.1
may, for good cause, if the defendant is convicted and sentenced to confinement
in jail and the active portion of the sentence remaining to be served is 45 days
or less, impose the remaining time to be served on weekends or nonconsecutive
days to permit the convicted defendant to retain gainful employment; however,
the court shall not impose weekends or nonconsecutive days for a person
convicted of a felony if the Commonwealth objects. A person sentenced pursuant
to this section shall pay an amount to defray the cost of his keep, which amount
shall be the actual cost of incarceration but shall not exceed that amount
charged to the Compensation Board for purposes of reimbursement as provided in
the general appropriation act. Such amount shall be collected by the sheriff, if
he is responsible for operating a jail, or by the regional jail superintendent,
and remitted by the sheriff to the treasurer of the appropriate county or city,
or by the regional jail superintendent to the regional jail board or authority,
solely for the purposes of defraying the costs of such weekend or nonconsecutive
incarceration. The funds collected pursuant to this section shall not be used
for purposes other than those provided for in this section. The assessment
provided for herein shall be in addition to any other fees prescribed by law. If
the defendant willfully fails to report at times specified by the court, the
sentence imposed pursuant to this section shall be revoked and a straight jail
sentence imposed.
		If an offender who has been sentenced to nonconsecutive days by the court is
in violation of the rules of the jail pursuant to § 53.1-117, the sheriff or
jail administrator may require the offender to serve out a portion or the
entirety of the remainder of his sentence in consecutive days. Upon revoking the
offender&#8217;s ability to serve his sentence on nonconsecutive days, 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.
		The time served by a person sentenced for violation of state law in a local
jail, regional jail, or local jail farm pursuant to this section shall be
included in the count of prisoner days reported by the Department for the
purpose of apportioning state funds to local correctional facilities for
operating costs in accordance with § 53.1-84.

HISTORY: 1983, c. 172; 1984, c. 490; 1994, c. 901; 1999, c. 9; 2002, cc. 805,
831; 2003, c. 1039; 2006, c. 792; 2018, c. 535.