53.1-116.3 - Improper release; capias, arrest and hearing. - Virginia Statutes

§ 53.1-116.3. Improper release; capias, arrest and hearing.

The sheriff or jail superintendent or his designee, upon the discovery of animproper release or discharge of a prisoner from custody, shall report suchrelease or discharge to the sentencing court. The court shall then for goodcause shown issue a capias for the arrest of the prisoner which may beexecuted by any duly sworn jail officer or law-enforcement officer. Suchcapias shall direct that the prisoner be presented forthwith to the court todetermine the propriety of the original discharge or release. After ahearing, if the court is satisfied that the original release or discharge wasmade improperly, the prisoner shall be returned to the jail facility fromwhich he was released or discharged.

(1997, c. 127.)