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1997 SESSION
974165198Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 53.1-116.3 as follows:
§ 53.1-116.3. Improper release; [
warrant capias ] , arrest and
hearing.
The sheriff or jail superintendent 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 or to
the ] sentencing court. The court shall then [
for good cause shown ] issue a [
warrant capias ] for the arrest of the
prisoner which may be executed by any duly sworn jail officer or
law-enforcement officer. Such [ warrant
capias ] 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 original release
or discharge was made improperly, the prisoner shall be returned to the jail
facility from which he was released or discharged [ to serve
the remainder of his sentence or to await trial on other matters for which he
was incarcerated ] .