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2004 SESSION
045304408Be it enacted by the General Assembly of Virginia:
1. That § 53.1-129 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-129. Specific order permitting a prisoner to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners.
The circuit court of any county or city may, by specific order entered of
record for an identified individual prisoner, allow a person confined in the a
jail of operated by such county or city who is awaiting disposition of,
or serving sentences imposed for, misdemeanors or felonies to work on (i) state, county, city or town
property, (ii) any property owned by a nonprofit organization that is exempt
from taxation under 26 U.S.C. § 501 (c) (3) or (c) (4) and that is organized
and operated exclusively for charitable or social welfare purposes on a voluntary
basis with the consent of the county, city, town or state agency or the local public
service authority or upon the request of the nonprofit organization involved,
or (iii) private property that is part of a community improvement project
sponsored by a locality or that has structures that are found to be public
nuisances pursuant to §§ 15.2-900 and 15.2-906 provided that the court has
reviewed and approved the project for the purposes herein and permits the prisoner to
work on such project. The district court of any county or city may, by specific order for
an identified individual prisoner, allow a person confined in the a jail of
operated by such county or city who is awaiting disposition of, or serving
sentences imposed for, misdemeanors to work on (a) state, county, city or town
property, (b) any property owned by a nonprofit organization that is exempt from
taxation under 26 U.S.C. § 501 (c) (3) or (c) (4) and that is organized and
operated exclusively for charitable or social welfare purposes on a voluntary basis
with consent of the county, city, town or state agency or the local public service
authority or upon the request of the nonprofit organization involved, or (c)
private property that is part of a community improvement project sponsored by a
locality or that has structures that are found to be public nuisances pursuant
to §§ 15.2-900 and 15.2-906 provided that the court has reviewed and approved
the project for the purposes herein and permits the prisoner to work on such project.
Prisoners performing work as provided in this paragraph may receive credit on their
respective sentences for the work done, whether such sentences are imposed
prior or subsequent to the work done, as the court orders. For all offenses
committed on or after July 1, 2003, any order that does not specifically
identify individual prisoners shall be void.
The court may, by specific order entered of record for an identified individual prisoner, require a person convicted of a felony to work on state, county, city or town property, with the consent of the county, city, town or state agency or the local public service authority involved, for such credit on his sentence as the court orders.
In the event that a person other than the sheriff or jail superintendent is designated by the court to have charge of such prisoners while so working, the court shall require a bond of the person, in an amount to be fixed by the court, conditioned upon the faithful discharge of his duties. Neither the sheriff nor the jail superintendent shall be held responsible for any acts of omission or commission on the part of such person.
Any person committed to jail upon a felony offense committed on or after January 1, 1995, who receives credit on his sentence as provided in this section shall not be entitled to good conduct credit, sentence credit, earned sentence credit, other credit, or a combination of any credits in excess of that permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title. So much of an order of any court contrary to the provisions of Article 4 shall be deemed null and void.