                                 CODE OF VIRGINIA

AUTHORITY TO FIX DISCHARGE DATE; IMPROPER RELEASE; WARRANT, ARREST AND HEARING
(§ 53.1-28)

For the purpose of scheduling and providing a uniform, effective and continual
program of pre-release training and conditioning of prisoners, the Director
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&#8217;s term would normally expire. The Director shall provide each
prisoner with the following documents upon discharge: (i) verification of the
prisoner&#8217;s work history while in custody; (ii) certification of all
educational and treatment programs completed by the prisoner while in custody;
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&#8217;s term would expire. The Department shall develop procedures
wherein the records are to be made available to the prisoner in a safe and
secure manner.
		The Director or his designee upon the discovery of an improper release or
discharge of a prisoner from custody shall report such release or discharge to
the circuit court of the jurisdiction wherein the prisoner was released or
discharged. The circuit court shall then issue a warrant for the arrest of the
prisoner which may be executed by any duly sworn correctional officer or
law-enforcement officer. Such warrant shall direct that the prisoner be
presented forthwith to the court to determine the propriety of the original
discharge or release. After a hearing, if the court is satisfied that the
release or discharge was made improperly, the prisoner shall be returned to the
state correctional facility from which he was released or discharged, or to any
other correctional facility designated by the Director to serve the remainder of
his sentence.

HISTORY: Code 1950, § 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006,
cc. 108, 132.