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of a legally sanctioned strike at the prisoner's place of employment, the prisoner in the work release program shall be withdrawn from the employment for the duration of the strike.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 § 53.1-150; and
4. Defray the prisoner's keep.
The balance shall be credited to the prisoner'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 § 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's standards for such release may participate in local work release programs or in educational or other rehabilitative programs operating pursuant to § 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 § 53.1-131 shall apply to any person convicted of a felony but confined in jail pursuant to § 53.1-20 and participating in work, rehabilitation, or education programs.
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.
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