2006 Code of Virginia § 53.1-37 - Furloughs generally; travel expenses; penalties for violations

53.1-37. Furloughs generally; travel expenses; penalties for violations.

A. The Director may extend the limits of confinement of any prisoner in anystate correctional facility to permit him a furlough under the provisions ofthis section for the purpose of visiting his home or family. Such furloughshall be for a period to be prescribed by the Director or his designee, inhis discretion, not to exceed three days in addition to authorized traveltime. Except for furloughs permitted under subsection C, the time duringwhich a prisoner is on furlough shall not be counted as time served againstany sentence, and during any furlough, no earned sentence credits as definedin 53.1-116, good conduct allowance, or any other reduction of sentenceshall accrue. The Board shall promulgate rules and regulations governingextension of limits of confinement hereunder.

B. The Director may, when feasible, require the prisoner or his relatives tobear the travel expense required for such visit or a prescribed portionthereof. Such travel expense shall include all amounts necessarily expendedfor travel, food and lodging of such prisoner and any accompanying personnelof the Department during such furlough, and a per diem amount set by theDirector to reimburse the Department for furnishing custodial personnel.

C. The Director may permit a prisoner a furlough when the prisoner has beenapproved for release on parole by the Parole Board and 30 days or less remainto be served by the prisoner prior to his date of release on parole. Such afurlough shall not exceed 30 days.

D. Any prisoner who willfully fails to remain within the limits ofconfinement set by the Director hereunder, or who willfully fails to returnwithin the time prescribed to the place designated by the Director ingranting such extension, shall be guilty of an escape and shall be subject topenalty as though he left the state correctional facility itself.

E. Any prisoner who without authority or just cause fails to remain withinthe limits of confinement set by the Director hereunder, or who withoutauthority or just cause fails to return within the time prescribed to theplace designated by the Director in granting such extension, shall be guiltyof a Class 2 misdemeanor.

F. Fifteen days prior to a prisoner's participation in the furlough program,the Director shall give the chief of police, sheriff or local chieflaw-enforcement official of the locality in which the prisoner will stay,notice of the prisoner's participation. Such notice shall include the name,address and criminal history, and any additional information the chief ofpolice or such officer may request. The transmission of information shall beconfidential and not subject to the Virginia Freedom of Information Act (2.2-3700 et seq.).

(Code 1950, 53-37.1; 1972, c. 59; 1973, c. 234; 1976, c. 476; 1982, c. 636;1989, c. 652; 2003, c. 846.)