                                 CODE OF VIRGINIA

EXTENDING LIMITS OF CONFINEMENT OF STATE PRISONERS FOR WORK AND EDUCATIONAL
PROGRAMS; DISPOSITION OF WAGES; SUPPORT OF CERTAIN DEPENDENTS; PENALTIES FOR
VIOLATIONS (§ 53.1-60)

A. The Director is authorized to establish work release programs whereby (i) a
prisoner who is proficient in any trade or occupation and whom the Director is
satisfied is trustworthy, may be approved for employment by private individuals,
corporations or state agencies at places of business, or (ii) a prisoner whom
the Director is satisfied is trustworthy and capable of receiving substantial
benefit from educational and other related community activity programs that are
not available within a state correctional facility may attend such programs
outside of the correctional facility, without a correctional officer during any
hour of the day or night. Such prisoner shall travel directly to, from or be in
authorized attendance or employment at such place of business, educational or
related community activity program.

B. The Director is authorized to arrange for the temporary care of prisoners who
are deemed capable of participation in the programs established herein in
approved local or community correctional facilities. The hours of employment or
attendance shall be arranged by the Director. In the event of a legally
sanctioned strike at the prisoner&#8217;s place of employment, the prisoner in
the work release program shall be withdrawn from the employment for the duration
of the strike.

C. The compensation for such employment shall be arranged by the Director and
shall be the same as that of regular employees in similar occupations. Any wages
earned shall be paid to the Director. The Director shall, in accordance with
regulations promulgated by the Director, deduct from such wages, in the
following order of priority, an amount to:

   1. Meet the obligation of any judicial or administrative order to provide
   support and such funds shall be disbursed according to the terms of such
   order;

   2. Pay any fines, restitution or costs as ordered by the court;

   3. Pay travel and other such expenses made necessary by his work release
   employment or participation in an educational or rehabilitative program,
   including the sums specified in &#xA7; 53.1-150; and

   4. Defray the prisoner&#8217;s keep.
   				The balance shall be credited to the prisoner&#8217;s account or sent to
   his family in an amount the prisoner so chooses.

D. Any prisoner who has been placed in any of the programs authorized herein
shall, while outside the state correctional facility or approved local or
community correctional facility to which he is assigned, be deemed to be in
custody whether or not he is under the supervision of a correctional officer. If
the prisoner, without proper authority or without just cause, leaves the area in
which he has been directed to work or to attend educational or community
activity programs, or the vehicle or route involved in his traveling to or from
such place or program, he may be found guilty of escape as provided for in
&#xA7; 18.2-477 as though he had left the state, local or community correctional
facility itself, or, if there are mitigating circumstances or the culpability of
the prisoner is minimal, he may be found guilty of a Class 2 misdemeanor.

E. The Director and any sheriff or other administrative head of any local
correctional facility are authorized to enter into agreements whereby persons
committed to the Department, whether such persons are housed in a state or local
correctional facility, and who meet the Department&#8217;s standards for such
release may participate in local work release programs or in educational or
other rehabilitative programs operating pursuant to &#xA7; 53.1-131. Any person
so placed shall be governed by the rules and regulations applicable to local
work release programs.

F. The provisions of &#xA7; 53.1-131 shall apply to any person convicted of a
felony but confined in jail pursuant to &#xA7; 53.1-20 and participating in
work, rehabilitation, or education programs.

HISTORY: Code 1950, § 53-38; 1968, c. 152; 1970, c. 114; 1972, c. 55; 1973, c.
114; 1975, c. 322; 1976, cc. 295, 475; 1978, c. 660; 1979, cc. 127, 706; 1981,
c. 634; 1982, c. 636; 1984, c. 516; 1985, c. 488; 1988, c. 397; 1990, cc. 107,
676, 768; 1994, c. 487; 2020, c. 759.