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'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.
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.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 3 - Local Correctional Facilities
§ 53.1-69.1. Review of death of inmates in local correctional facilities
§ 53.1-69.2. Administrative appeal of Board determinations
§ 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings
§ 53.1-70.1. Transport of prisoners; authority
§ 53.1-71. Courts to order jails erected and repaired
§ 53.1-71.1. Private construction, operation, etc., of regional jail facility
§ 53.1-71.2. Authority of security employees
§ 53.1-71.3. Application of certain criminal laws to contractor-operated facilities
§ 53.1-71.4. Powers and duties not delegable to contractor
§ 53.1-71.5. Board to promulgate regulations
§ 53.1-71.6. State reimbursement to localities
§ 53.1-72. Jails of counties and cities to be jails of courts therein
§ 53.1-73. When jail of county to be jail for town
§ 53.1-74. When court may adopt jail of another county or city
§ 53.1-75. Procedure after adoption
§ 53.1-76. Commitment to jail of another county or city; payment of costs, etc.
§ 53.1-78. Jail for Supreme Court
§ 53.1-79. Jails for United States prisoners; payment by United States
§ 53.1-79.1. Agreements to transfer, transport, and confine prisoners
§ 53.1-80. State reimbursement of localities for construction
§ 53.1-82. Regional contracts for cooperative jailing of offenders; state reimbursement
§ 53.1-82.1. Approval of jail projects by the Board; plan for community corrections
§ 53.1-82.2. Method of reimbursement; involvement of the Treasury Board
§ 53.1-82.3. Budgeting schedule for jail projects
§ 53.1-84. State funds available to local correctional facilities for operating costs
§ 53.1-85. Time and manner of payment
§ 53.1-86. Limitation on use of state funds; records of receipts and disbursements
§ 53.1-88. Governing body to examine statements, accounts and invoices and issue warrants
§ 53.1-90. Pay for United States prisoners
§ 53.1-91. Pay for prisoners from other counties, cities or towns
§ 53.1-92. Disposition of money collected from United States or other counties, cities or towns
§ 53.1-94. Same when paid by county or city; same when by Compensation Board
§ 53.1-95. Provisions applicable to jail farms of counties and cities
§ 53.1-95.1. Limits on state expenditures
§ 53.1-95.4. Ordinance, agreement or resolution creating authority
§ 53.1-95.5. Joinder of new subdivision; withdrawal from authority
§ 53.1-95.7. Powers of authority
§ 53.1-95.8. Authority of superintendent and jail officers; oath and bond; fees charged to prisoner
§ 53.1-95.9. Acquisition of interests in land
§ 53.1-95.10. Issuance of revenue bonds
§ 53.1-95.11. Trust agreements
§ 53.1-95.12. Charge for use of services
§ 53.1-95.13. Revenues and proceeds from sale of bonds
§ 53.1-95.14. Rights of bond holders and trustees
§ 53.1-95.15. Exemption from taxes
§ 53.1-95.16. Issuance of revenue refunding bonds
§ 53.1-95.17. General purpose of an authority
§ 53.1-95.18. Design-build contracts
§ 53.1-95.19. State reimbursement
§ 53.1-95.20. Duty to prescribe rules and regulations
§ 53.1-95.21. Supplemental and additional powers
§ 53.1-95.22. Liberal construction
§ 53.1-95.24. Inconsistent laws inapplicable
§ 53.1-96. County and city farms; persons who may be confined
§ 53.1-97. Appointment of superintendent and guards
§ 53.1-98. Authority of superintendent and guards
§ 53.1-99. Jurisdiction of offenses committed by prisoners
§ 53.1-100. Oath and bond of superintendent and guards
§ 53.1-102. Sending prisoners to other farms
§ 53.1-104.1. Superintendents of jail farms to make monthly reports to Director
§ 53.1-106.1. Location of jail facilities
§ 53.1-107. Organization of board; annual report
§ 53.1-108. Expenses and allowance
§ 53.1-109. Authority of jail superintendent and jail officers; fees charged to prisoner
§ 53.1-109.01. Authority for regional jail officers to carry weapons
§ 53.1-109.2. Regional jail superintendents not to be interested in private corrections enterprises
§ 53.1-110. Oath and bond of superintendent and jail officers
§ 53.1-112. Jail or jail farm expenses
§ 53.1-113. Transportation of prisoners to jail or jail farm
§ 53.1-114. Reimbursement of costs
§ 53.1-115. Payment of salaries of superintendents and medical and treatment personnel
§ 53.1-115.2. Establishment of stores in regional jails and regional jail farms
§ 53.1-116.1. Jailer to give notice of release of certain prisoners
§ 53.1-116.1:01. Jailer to give notice of intake of certain prisoners
§ 53.1-116.1:02. Jailer-issued identification
§ 53.1-116.2. Sheriffs to be keepers of jails
§ 53.1-116.3. Improper release; capias, arrest and hearing
§ 53.1-117. Violations of rules to be recorded in register
§ 53.1-118. Courts to fine sheriffs for failure to perform duties
§ 53.1-119. Court duties of sheriff
§ 53.1-121. Sheriffs to make daily reports to Compensation Board; failure to send report
§ 53.1-122. Daily records of sheriffs and jail superintendents
§ 53.1-123. Other accounts, information and records as required by Department
§ 53.1-124. Sheriffs and jail superintendents to report to the courts
§ 53.1-126. Responsibility of sheriffs and jail superintendents for food, clothing and medicine
§ 53.1-127. Who may enter interior of local correctional facilities; searches of those entering
§ 53.1-127.1. Establishment of stores in local correctional facilities
§ 53.1-127.3. Deferred or installment payment agreement for unpaid fees
§ 53.1-127.5. Collection of fees owed; contract for collection; duties of Department of Taxation
§ 53.1-128. Workforces and authorized work places
§ 53.1-131.3. Payment of costs associated with prisoners' keep
§ 53.1-132. Furloughs from local work release programs; penalty for violations
§ 53.1-133. Treatment of prisoner with contagious disease
§ 53.1-133.01. Medical treatment for prisoners
§ 53.1-133.01:1. Payment for bodily injury
§ 53.1-133.02. Notice to be given upon prisoner release, escape, etc.
§ 53.1-133.03. Exchange of medical and mental health information and records
§ 53.1-133.04. Medical and mental health treatment of prisoners incapable of giving consent
§ 53.1-133.2. Establishment of jail industry programs
§ 53.1-133.3. Eligibility to participate
§ 53.1-133.4. Participant compensation
§ 53.1-133.5. Disposition of money collected and payment of expenses for jail industry program
§ 53.1-133.6. Restriction on sale of jail industry program goods and services; print shop
§ 53.1-133.7. Sale of artistic products
§ 53.1-133.8. Purchases by agencies, localities, and certain nonprofit organizations