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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD0716260Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-42 and 53.1-60 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-42. Allowance for work and disposition thereof.
Every prisoner committed and transferred to the Department and thereafter
confined for the sentence for which he was committed in a state or local
correctional facility shall be allowed an amount to be established by the
Board for each day of labor satisfactory to the superintendent or sheriff in
whose charge he is. The allowance so made Distribution of
such wages shall be made for the following purposes: (a) to pay an amount to
defray the cost of his keep; (b) to provide support and maintenance for his
dependents or to make payments to the local department of welfare or social
services or the Commissioner of Social Services, as appropriate, on behalf of
dependents who are receiving public assistance as defined in § 63.1-87; (c)
to 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; or (d) to pay any fines, restitution or costs as ordered by the court.
Any balance shall accumulate and be paid over to the prisoner upon
discharge, except that an amount thereof to be determined by the Board may be
drawn upon by the prisoner for such purposes as may be authorized by the
regulations of the Board.
For the purposes of this section only, the phrase "transferred to the Department" means (i) the actual physical receipt by the Department of a prisoner in a state correctional facility or (ii) the complete processing by the Department of a prisoner for the purposes of classifying the person as a state prisoner whether or not the person is physically received into a state correctional facility.
§ 53.1-60. Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations.
A. The Director is authorized to establish work release programs, subject to such rules and regulations as the Board may prescribe, 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
may shall deduct from such wages an amount to:
1. defray the prisoner's keep; and
2. 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;
3. 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; or
4. pay any fines, restitution or costs as ordered by the court.
The balance shall be credited to the prisoner's account or sent to his family in an amount the prisoner so chooses.
D. When a person sentenced to the Department is subject to a judicial
or administrative order to provide support, the Director shall withhold from
the earnings of the prisoner the amount so ordered and disburse the same
according to the terms of the order.
E.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.
F.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.
G.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.