53.1-129 - Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners.
§ 53.1-129. Order permitting prisoners to work on state, county, city, town,certain private property or nonprofit organization property; bond of personin charge of prisoners.
The circuit court of any county or city may, by order entered of record,allow persons confined in the jail of such county or city who are awaitingdisposition of, or serving sentences imposed for, misdemeanors or felonies towork on (i) state, county, city or town property, (ii) any property owned bya nonprofit organization that is exempt from taxation under 26 U.S.C. §501(c)(3) and that is organized and operated exclusively for charitable orsocial welfare purposes on a voluntary basis with the consent of the county,city, town or state agency or the local public service authority or upon therequest of the nonprofit organization involved, (iii) private property thatis part of a community improvement project sponsored by a locality or thathas structures that are found to be public nuisances pursuant to §§ 15.2-900and 15.2-906 provided that the court has reviewed and approved the projectfor the purposes herein and permits the prisoners to work on such project,(iv) any private property utilized by a nonprofit organization that is exemptfrom taxation under 26 U.S.C. § 501(c)(3), or (v) private property in anylocality that meets the criteria under an ordinance adopted by such localityunder § 15.2-908. The district court of any county or city may allow personsconfined in the jail of such county or city who are awaiting disposition of,or serving sentences imposed for, misdemeanors to work on (a) state, county,city or town property, (b) any property owned by a nonprofit organizationthat is exempt from taxation under 26 U.S.C. § 501(c)(3) and that isorganized and operated exclusively for charitable or social welfare purposeson a voluntary basis with consent of the county, city, town or state agencyor the local public service authority or upon the request of the nonprofitorganization involved, (c) private property that is part of a communityimprovement project sponsored by a locality or that has structures that arefound to be public nuisances pursuant to §§ 15.2-900 and 15.2-906 providedthat the court has reviewed and approved the project for the purposes hereinand permits the prisoners to work on such project, (d) any private propertyutilized by a nonprofit organization that is exempt from taxation under 26U.S.C. § 501(c)(3), or (e) private property in any locality that meets thecriteria under an ordinance adopted by such locality under § 15.2-908.Prisoners performing work as provided in this paragraph may receive credit ontheir respective sentences for the work done, whether such sentences areimposed prior or subsequent to the work done, as the court orders.
The court may, by order entered of record, require a person convicted of afelony to work on state, county, city or town property, with the consent ofthe county, city, town or state agency or the local public service authorityinvolved, for such credit on his sentence as the court orders.
In the event that a person other than the sheriff or jail superintendent isdesignated by the court to have charge of such prisoners while so working,the court shall require a bond of the person, in an amount to be fixed by thecourt, conditioned upon the faithful discharge of his duties. Neither thesheriff nor the jail superintendent shall be held responsible for any acts ofomission or commission on the part of such person.
Any person committed to jail upon a felony offense committed on or afterJanuary 1, 1995, who receives credit on his sentence as provided in thissection shall not be entitled to good conduct credit, sentence credit, earnedsentence credit, other credit, or a combination of any credits in excess ofthat permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of thistitle. So much of an order of any court contrary to the provisions of Article4 shall be deemed null and void.
(Code 1950, § 53-165; 1976, c. 618; 1978, c. 609; 1982, c. 636; 1984, c. 43;1991, c. 580; 1994, c. 269; 1997, cc. 134, 546; 1998, c. 311; 1999, cc. 277,951, 1007; 2001, cc. 185, 196; 2003, cc. 818, 820; 2005, c. 409; 2008, c.623; 2010, c. 132.)