2006 Code of Virginia § 53.1-60 - Extending limits of confinement of state prisoners for work and educational programs; disposition o...

53.1-60. Extending limits of confinement of state prisoners for work andeducational programs; disposition of wages; support of certain dependents;penalties for violations.

A. The Director is authorized to establish work release programs, subject tosuch rules and regulations as the Board may prescribe, whereby (i) a prisonerwho is proficient in any trade or occupation and whom the Director issatisfied is trustworthy, may be approved for employment by privateindividuals, corporations or state agencies at places of business, or (ii) aprisoner whom the Director is satisfied is trustworthy and capable ofreceiving substantial benefit from educational and other related communityactivity programs that are not available within a state correctional facilitymay attend such programs outside of the correctional facility, without acorrectional officer during any hour of the day or night. Such prisoner shalltravel directly to, from or be in authorized attendance or employment at suchplace of business, educational or related community activity program.

B. The Director is authorized to arrange for the temporary care of prisonerswho are deemed capable of participation in the programs established herein inapproved local or community correctional facilities. The hours of employmentor attendance shall be arranged by the Director. In the event of a legallysanctioned strike at the prisoner's place of employment, the prisoner in thework release program shall be withdrawn from the employment for the durationof the strike.

C. The compensation for such employment shall be arranged by the Director andshall be the same as that of regular employees in similar occupations. Anywages earned shall be paid to the Director. The Director shall, in accordancewith regulations promulgated by the Board, deduct from such wages, in thefollowing order of priority, an amount to:

1. Meet the obligation of any judicial or administrative order to providesupport and such funds shall be disbursed according to the terms of suchorder;

2. Pay any fines, restitution or costs as ordered by the court;

3. Pay travel and other such expenses made necessary by his work releaseemployment or participation in an educational or rehabilitative program,including the sums specified in 53.1-150; and

4. Defray the prisoner's keep.

The balance shall be credited to the prisoner's account or sent to his familyin an amount the prisoner so chooses.

D. Any prisoner who has been placed in any of the programs authorized hereinshall, while outside the state correctional facility or approved local orcommunity correctional facility to which he is assigned, be deemed to be incustody whether or not he is under the supervision of a correctional officer.If the prisoner, without proper authority or without just cause, leaves thearea in which he has been directed to work or to attend educational orcommunity activity programs, or the vehicle or route involved in histraveling to or from such place or program, he may be found guilty of escapeas provided for in 18.2-477 as though he had left the state, local orcommunity correctional facility itself, or, if there are mitigatingcircumstances or the culpability of the prisoner is minimal, he may be foundguilty of a Class 2 misdemeanor.

E. The Director and any sheriff or other administrative head of any localcorrectional facility are authorized to enter into agreements whereby personscommitted to the Department, whether such persons are housed in a state orlocal correctional facility, and who meet the Department's standards for suchrelease may participate in local work release programs or in educational orother rehabilitative programs operating pursuant to 53.1-131. Any person soplaced shall be governed by the rules and regulations applicable to localwork release programs.

F. The provisions of 53.1-131 shall apply to any person convicted of afelony but confined in jail pursuant to 53.1-20 and participating in work,rehabilitation, or education programs.

(Code 1950, 53-38; 1968, c. 152; 1970, c. 114; 1972, c. 55; 1973, c. 114;1975, c. 322; 1976, cc. 295, 475; 1978, c. 660; 1979, cc. 127, 706; 1981, c.634; 1982, c. 636; 1984, c. 516; 1985, c. 488; 1988, c. 397; 1990, cc. 107,676, 768; 1994, c. 487.)