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

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

For the purpose of scheduling and providing a uniform, effective andcontinual program of pre-release training and conditioning of prisoners, theDirector shall have authority to discharge any prisoner within the Virginiapenal system on any day within a period of 30 days prior to the date uponwhich such prisoner's term would normally expire. The Director shall provideeach prisoner with the following documents upon discharge: (i) verificationof the prisoner's work history while in custody; (ii) certification of alleducational and treatment programs completed by the prisoner while incustody; and (iii) a copy of his medical records, so long as such prisonerrequests a copy of his records at least 60 days prior to the date upon whichthe prisoner's term would expire. The Department shall develop procedureswherein the records are to be made available to the prisoner in a safe andsecure manner.

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

(Code 1950, § 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006, cc. 108,132.)