                                 CODE OF VIRGINIA

PROVISION FOR RELEASE OF PRISONER FROM CONFINEMENT FOR EMPLOYMENT, EDUCATIONAL
OR OTHER REHABILITATIVE PROGRAMS; ESCAPE; PENALTY; DISPOSITION OF EARNINGS (§
53.1-131)

A. Any court having jurisdiction for the trial of a person charged with a
criminal offense or charged with an offense under Chapter 5 (§ 20-61 et seq.)
of Title 20 may, if the defendant is convicted and (i) sentenced to confinement
in jail or (ii) being held in jail pending completion of a presentence report
pursuant to § 19.2-299, and if it appears to the court that such offender is a
suitable candidate for work release, assign the offender to a work release
program under the supervision of a probation officer, the sheriff or the
administrator of a local or regional jail or a program designated by the court.
The court further may authorize the offender to participate in educational or
other rehabilitative programs designed to supplement his work release
employment. The court shall be notified in writing by the director or
administrator of the program to which the offender is assigned of the
offender&#8217;s place of employment and the location of any educational or
rehabilitative program in which the offender participates.
			Any person who has been sentenced to confinement in jail or who has been
convicted of a felony but is confined in jail pursuant to § 53.1-20, in the
discretion of the sheriff may be assigned by the sheriff to a work release
program under the supervision of the sheriff or the administrator of a local or
regional jail. The sheriff may further authorize the offender to participate in
educational or other rehabilitative programs as defined in this section designed
to supplement his work release employment. The court that sentenced the offender
shall be notified in writing by the sheriff or the administrator of a local or
regional jail of any such assignment and of the offender&#8217;s place of
employment or other rehabilitative program. The court, in its discretion, may
thereafter revoke the authority for such an offender to participate in a work
release program.
			The sheriff and the Director may enter into agreements whereby persons who
are committed to the Department, whether such persons are housed in a state or
local correctional facility, and who have met all standards for such release,
may participate in a local work release program or in educational or other
rehabilitative programs as defined in this section. The administrator of a
regional jail and the Director may also enter into such agreements where such
agreements are approved in advance by a majority of the sheriffs on the regional
jail board. All persons accepted in accordance with this section shall be
governed by all regulations applying to local work release, notwithstanding the
provisions of any other section of the Code. Local jails shall qualify for
compensation for cost of incarceration of such persons pursuant to § 53.1-20.1,
less any payment for room and board collected from the inmate.
			If an offender who has been assigned to such a program by the court is in
violation of the rules of the jail pursuant to § 53.1-117, the sheriff or jail
administrator may remove the offender from the work release program, either
temporarily or for the duration of the offender&#8217;s confinement. Upon
removing an offender from the work release program, 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.
			Any offender assigned to such a program by the court or sheriff who, without
proper authority or just cause, leaves the area to which he has been assigned to
work or attend educational or other rehabilitative programs, or leaves the
vehicle or route of travel involved in his going to or returning from such
place, is guilty of a Class 1 misdemeanor. In the event such offender leaves the
Commonwealth, the offender may be found guilty of an escape as provided in §
18.2-477. An offender who is found guilty of a Class 1 misdemeanor in accordance
with this section shall be ineligible for further participation in a work
release program during his current term of confinement.
			The Board shall prescribe regulations to govern the work release, educational
and other rehabilitative programs authorized by this section.
			Any wages earned pursuant to this section by an offender may, upon order of
the court, be paid to the director or administrator of the program after
standard payroll deductions required by law. Distribution of such wages shall be
made for the following purposes:

   1. To pay an amount to defray the cost of his keep;

   2. To pay travel and other such expenses made necessary by his work release
   employment or participation in an educational or rehabilitative program;

   3. To provide support and maintenance for his dependents or to make payments
   to the local department of social services or the Commissioner of Social
   Services, as appropriate, on behalf of dependents who are receiving public
   assistance or social services as defined in &#xA7; 63.2-100; or

   4. To pay any fines, restitution or costs as ordered by the court.
   				Any balance at the end of his sentence shall be paid to the offender upon
   his release.

B. For the purposes of this section:
			&#8220;Educational program&#8221; means a program of learning recognized by
the State Council of Higher Education, the State Board of Education, the
Director, or the State Board of Local and Regional Jails.
			&#8220;Rehabilitative program&#8221; includes an alcohol and drug treatment
program, mental health program, family counseling, community service or other
community program approved by the court having jurisdiction over the offender.
			&#8220;Sheriff&#8221; means the sheriff of the jurisdiction where the person
charged with the criminal offense was convicted and sentenced, provided that the
sheriff may designate a deputy sheriff or regional jail administrator to assign
offenders to work release programs under this section.
			&#8220;Work release&#8221; means full-time employment or participation in
suitable career and technical education programs.

HISTORY: Code 1950, §§ 19-273.1, 53-166.1; 1956, c. 688; Code 1950, §
19.1-300; 1960, c. 366; 1970, c. 121; 1972, c. 145; 1973, c. 38; 1976, c. 295;
1979, c. 706; 1980, c. 566; 1982, c. 636; 1984, c. 516; 1985, c. 301; 1988, c.
397; 1989, c. 586; 1990, cc. 107, 676, 768; 2000, c. 423; 2002, cc. 747, 800;
2006, c. 792; 2020, c. 759.