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2006 SESSION

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CHAPTER 108 An Act to amend and reenact § 53.1-28 of the Code of Virginia, relating to discharge of prisoner; records required to be provided to prisoner upon release. [H 691] Approved March 23, 2006

 

Be it enacted by the General Assembly of Virginia:

1.  That § 53.1-28 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing.

For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of thirty 30 days prior to the date upon which such prisoner's term would normally expire. The Director shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner's work history while in custody; and (ii) certification of all educational and treatment programs completed by the prisoner while in custody.

The Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.