A. The Director may extend the limits of confinement of any prisoner in any state correctional facility to permit him a furlough under the provisions of this section for the purpose of visiting his home or family. Such furlough shall be for a period to be prescribed by the Director or his designee, in his discretion, not to exceed three days in addition to authorized travel time. Except for furloughs permitted under subsection C, the time during which a prisoner is on furlough shall not be counted as time served against any sentence, and during any furlough, no earned sentence credits as defined in § 53.1-116, good conduct allowance, or any other reduction of sentence shall accrue. The Director shall promulgate rules and regulations governing extension of limits of confinement hereunder.
B. The Director may, when feasible, require the prisoner or his relatives to bear the travel expense required for such visit or a prescribed portion thereof. Such travel expense shall include all amounts necessarily expended for travel, food and lodging of such prisoner and any accompanying personnel of the Department during such furlough, and a per diem amount set by the Director to reimburse the Department for furnishing custodial personnel.
C. The Director may permit a prisoner a furlough when the prisoner has been approved for release on parole by the Parole Board and 30 days or less remain to be served by the prisoner prior to his date of release on parole. Such a furlough shall not exceed 30 days.
D. Any prisoner who willfully fails to remain within the limits of confinement set by the Director hereunder, or who willfully fails to return within the time prescribed to the place designated by the Director in granting such extension, shall be guilty of an escape and shall be subject to penalty as though he left the state correctional facility itself.
E. Any prisoner who without authority or just cause fails to remain within the limits of confinement set by the Director hereunder, or who without authority or just cause fails to return within the time prescribed to the place designated by the Director in granting such extension, shall be guilty of a Class 2 misdemeanor.
F. Fifteen days prior to a prisoner's participation in the furlough program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will stay, notice of the prisoner's participation. Such notice shall include the name, address and criminal history, and any additional information the chief of police or such officer may request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
Code 1950, § 53-37.1; 1972, c. 59; 1973, c. 234; 1976, c. 476; 1982, c. 636; 1989, c. 652; 2003, c. 846; 2020, c. 759.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 2 - State Correctional Facilities
§ 53.1-18. Department to have custody of property; right to sue to protect property
§ 53.1-19. Establishment of correctional institutions
§ 53.1-20. Commitment of convicted persons to custody of Director
§ 53.1-20.1. Compensation of local jails for cost of incarceration
§ 53.1-21. Transfer of prisoners into and between state and local correctional facilities
§ 53.1-22. Misdemeanant suspected of having contagious disease
§ 53.1-23. Fingerprints, photographs and description
§ 53.1-23.2. Department to give notice of the receipt of certain prisoners
§ 53.1-24. Record of convictions and register to be kept
§ 53.1-25. Director to prescribe rules; rules to be available to prisoners
§ 53.1-25.1. Rules of state correctional facilities
§ 53.1-26. Confiscation of prohibited articles
§ 53.1-27. Establishment of stores in state correctional facilities
§ 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing
§ 53.1-29. Authority for correctional officers and other employees to carry weapons
§ 53.1-30. Who may enter interior of state correctional facilities; searches of those entering
§ 53.1-31. Sale or lease of gas, oil, or minerals
§ 53.1-31.1. Transportation of prisoners
§ 53.1-31.2. Notification of child support due by a prisoner
§ 53.1-31.3. Notification of incarcerated individuals ineligible for public assistance
§ 53.1-31.4. Department of Corrections-issued identification
§ 53.1-32. Treatment and control of prisoners; recreation; religious services
§ 53.1-32.01. Payment for bodily injury
§ 53.1-32.1. Classification system; program assignments; mandatory participation
§ 53.1-33. Physical examination of prisoner; ability to work
§ 53.1-33.1. Mandatory testing for human immunodeficiency virus
§ 53.1-34. Treatment of prisoner with contagious disease
§ 53.1-35. Correspondence privileges; receipt of publications
§ 53.1-35.1. Electronic visitation and messaging with inmates; fees
§ 53.1-35.2. Visitation of certain prisoners by minor dependents
§ 53.1-36. Prisoners may assist in medical research programs
§ 53.1-37. Furloughs generally; travel expenses; penalties for violations
§ 53.1-38. When ineligible for furloughs
§ 53.1-39. Certain punishment of prisoners prohibited
§ 53.1-39.1. Restrictive housing; data collection and reporting; report
§ 53.1-40. Appointment of counsel for indigent prisoners
§ 53.1-40.01. Conditional release of geriatric prisoners
§ 53.1-40.02. Conditional release of terminally ill prisoners
§ 53.1-40.1. Medical and mental health treatment of prisoners incapable of giving consent
§ 53.1-40.2. Involuntary admission of prisoners with mental illness
§ 53.1-40.3. Place of hearing or proceeding
§ 53.1-40.4. Appeal of order authorizing involuntary admission
§ 53.1-40.5. Transfer of prisoner involuntarily admitted
§ 53.1-40.6. Periodic review of prisoner for purposes of retention
§ 53.1-40.7. Discharge of prisoner involuntarily admitted
§ 53.1-40.8. Fees and expenses
§ 53.1-40.9. Civil admission proceeding prior to release
§ 53.1-40.10. Exchange of medical and mental health information and records
§ 53.1-40.12. Treatment of prisoners known to be pregnant
§ 53.1-40.13. Treatment of prisoners during postpartum recovery
§ 53.1-40.14. Reporting requirement
§ 53.1-40.15. Training of correctional facility employees regarding pregnant inmates
§ 53.1-40.16. Education for pregnant prisoners
§ 53.1-41. Opportunities for work and career and technical education
§ 53.1-42. Allowance for work and disposition thereof
§ 53.1-43. Pay incentives for prisoners
§ 53.1-43.1. Inmate trust accounts
§ 53.1-44. Investment of funds belonging to prisoners; use of income
§ 53.1-45. Sale of prison goods and services; print shop
§ 53.1-45.1. Work programs; agreements with other entities
§ 53.1-46. Sale of artistic products
§ 53.1-47. Purchases by agencies, localities, and certain nonprofit organizations
§ 53.1-48. Exceptions as to purchases
§ 53.1-49. Evasion by variance from specifications of Director
§ 53.1-50. Vouchers, certificates and warrants not to be questioned
§ 53.1-51. Intentional violations constitute malfeasance
§ 53.1-52. Procedure for purchases
§ 53.1-53. Transfer or sale of by-products of manufacturing processes
§ 53.1-54. Charges and catalogue; annual estimates of requirements by departments, etc.
§ 53.1-55. Sale or exchange of goods manufactured by prisoners of other states
§ 53.1-57. Payments by Department of Transportation to Director for labor
§ 53.1-58. Highway employees as guards
§ 53.1-60.1. Duties of Director in collecting court-imposed debt
§ 53.1-62. When ineligible for work release
§ 53.1-63.1. Department to establish facilities for juveniles sentenced as adults
§ 53.1-64. Programs and facilities
§ 53.1-65. Consideration of report developed at diagnostic facilities
§ 53.1-66. Transfer of prisoners to other facilities
§ 53.1-67. Admission to facility; good conduct allowance restricted
§ 53.1-67.3. Establishment of system
§ 53.1-67.4. Authority of Director; purchase of services authorized; location and notification
§ 53.1-67.5. Director to prescribe standards
§ 53.1-67.9. Establishment of community corrections alternative program; supervision upon completion