53.1-131.2 - Assignment to a home/electronic incarceration program; payment to defray costs; escape; penalty.
§ 53.1-131.2. Assignment to a home/electronic incarceration program; paymentto defray costs; escape; penalty.
A. Any court having jurisdiction for the trial of a person charged with acriminal offense, a traffic offense or an offense under Chapter 5 (§ 20-61 etseq.) of Title 20, or failure to pay child support pursuant to a court ordermay, if the defendant is convicted and sentenced to confinement in a state orlocal correctional facility, and if it appears to the court that such anoffender is a suitable candidate for home/electronic incarceration, assignthe offender to a home/electronic incarceration program as a condition ofprobation, if such program exists, under the supervision of the sheriff, theadministrator of a local or regional jail, or a Department of Correctionsprobation and parole district office established pursuant to § 53.1-141.However, any offender who is convicted of any of the following violations ofChapter 4 (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible forparticipation in the home/electronic incarceration program: (i) first andsecond degree murder and voluntary manslaughter under Article 1 (§ 18.2-30 etseq.); (ii) mob-related felonies under Article 2 (§ 18.2-38 et seq.); (iii)any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.); (iv)any malicious felonious assault or malicious bodily wounding under Article 4(§ 18.2-51 et seq.); (v) robbery under § 18.2-58.1; or (vi) any criminalsexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.).The court may further authorize the offender's participation in work releaseemployment or educational or other rehabilitative programs as defined in §53.1-131 or, as appropriate, in a court-ordered intensive case monitoringprogram for child support. The court shall be notified in writing by thedirector or administrator of the program to which the offender is assigned ofthe offender's place of home/electronic incarceration, place of employment,and the location of any educational or rehabilitative program in which theoffender participates.
B. In any city or county in which a home/electronic incarceration programestablished pursuant to this section is available, the court, subject toapproval by the sheriff or the jail superintendent of a local or regionaljail, may assign the accused to such a program pending trial if it appears tothe court that the accused is a suitable candidate for home/electronicincarceration.
C. Any person who has been sentenced to jail or convicted and sentenced toconfinement in prison but is actually serving his sentence in jail, afternotice to the attorney for the Commonwealth of the convicting jurisdiction,may be assigned by the sheriff to a home/electronic incarceration programunder the supervision of the sheriff, the administrator of a local orregional jail, or a Department of Corrections probation and parole officeestablished pursuant to § 53.1-141. However, if the offender violates anyprovision of the terms of the home/electronic incarceration agreement, theoffender may have the assignment revoked and, if revoked, shall be held inthe jail facility to which he was originally sentenced. Such person shall beeligible if his term of confinement does not include a sentence for aconviction of a felony violent crime, a felony sexual offense, burglary ormanufacturing, selling, giving, distributing or possessing with the intent tomanufacture, sell, give or distribute a Schedule I or Schedule II controlledsubstance. The court shall retain authority to remove the offender from suchhome/electronic incarceration program. The court which sentenced the offendershall be notified in writing by the sheriff or the administrator of a localor regional jail of the offender's place of home/electronic incarceration andplace of employment or other rehabilitative program.
D. The Board may prescribe regulations to govern home/electronicincarceration programs.
E. Any offender or accused assigned to such a program by the court or sheriffwho, without proper authority or just cause, leaves his place ofhome/electronic incarceration, the area to which he has been assigned to workor attend educational or other rehabilitative programs, including acourt-ordered intensive case monitoring program for child support, or thevehicle or route of travel involved in his going to or returning from suchplace, is guilty of a Class 1 misdemeanor. An offender or accused who isfound guilty of a violation of this section shall be ineligible for furtherparticipation in a home/electronic incarceration program during his currentterm of confinement.
F. The director or administrator of a home/electronic incarceration programwho also operates a residential program may remove an offender from ahome/electronic incarceration program and place him in such residentialprogram if the offender commits a noncriminal program violation. The courtshall be notified of the violation and of the placement of the offender inthe residential program.
G. The director or administrator of a home/electronic incarceration programshall charge the offender or accused a fee for participating in the programto pay for the cost of home/electronic incarceration equipment. The offenderor accused shall be required to pay the program for any damage to theequipment which is in his possession or for failure to return the equipmentto the program.
H. Any wages earned by an offender or accused assigned to a home/electronicincarceration program and participating in work release shall be paid to thedirector or administrator after standard payroll deductions required by law.Distribution of the money collected shall be made in the following order ofpriority 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 education or rehabilitative program,including the sums specified in § 53.1-150; and
4. Defray the offender's keep.
The balance shall be credited to the offender's account or sent to his familyin an amount the offender so chooses.
The Board of Corrections shall promulgate regulations governing the receiptof wages paid to persons participating in such programs, the withholding ofpayments and the disbursement of appropriate funds.
I. For the purposes of this section, "sheriff" means the sheriff of thejurisdiction where the person charged with the criminal offense was convictedand sentenced, provided that the sheriff may designate a deputy sheriff orregional jail administrator to assign offenders to home/electronicincarceration programs pursuant to this section.
(1989, c. 476; 1990, c. 209; 1991, cc. 278, 428; 1992, c. 604; 1994, cc. 612,659, 688, 720, 841, 945; 2000, c. 423; 2002, c. 800; 2010, c. 682.)