14101436D
SENATE BILL NO. 167
Senate Amendments in [ ] -- February 10, 2014
A BILL to amend and reenact § 53.1-131.1 of the Code of
Virginia, relating to nonconsecutive jail days.
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Patron Prior to Engrossment--Senator Stanley
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Referred to Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:
1. That §53.1-131.1 of the Code of Virginia is amended and
reenacted as follows:
§53.1-131.1. Provision for sentencing of person to
nonconsecutive days in jail; payment to defray costs; penalty.
Any court having jurisdiction for the trial of a person
charged with a misdemeanor or , traffic offense or charged
with , any offense under Chapter 5 (§20-61 et seq.) of Title 20,
or a felony that is not an "act of violence" as defined in §
19.2-297.1 may, [ for good cause, ] if the defendant is
convicted and sentenced to confinement in jail [ and the active
portion of the sentence remaining to be served is 120 days or less ]
, impose the [ remaining ] time to be served on weekends or
nonconsecutive days to permit the convicted defendant to retain gainful
employment. A person sentenced pursuant to this section shall pay an amount
to defray the cost of his keep, which amount shall be the actual cost of
incarceration but shall not exceed that amount charged to the Compensation
Board for purposes of reimbursement as provided in the general appropriation
act. Such amount shall be collected by the sheriff, if he is responsible for
operating a jail, or by the regional jail superintendent, and remitted by the
sheriff to the treasurer of the appropriate county or city, or by the regional
jail superintendent to the regional jail board or authority, solely for the
purposes of defraying the costs of such weekend or nonconsecutive
incarceration. The funds collected pursuant to this section shall not be used
for purposes other than those provided for in this section. The assessment
provided for herein shall be in addition to any other fees prescribed by law.
If the defendant willfully fails to report at times specified by the court, the
sentence imposed pursuant to this section shall be revoked and a straight jail
sentence imposed.
If an offender who has been sentenced to nonconsecutive days
by the court is in violation of the rules of the jail pursuant to §53.1-117,
the sheriff or jail administrator may require the offender to serve out a
portion or the entirety of the remainder of his sentence in consecutive days.
Upon revoking the offender's ability to serve his sentence on nonconsecutive
days, the sheriff or jail administrator shall notify in writing the court that
sentenced the offender and indicate the specific violations that led to the
decision.
The time served by a person sentenced for violation of state law
in a local jail, regional jail, or local jail farm pursuant to this section
shall be included in the count of prisoner days reported by the Department for
the purpose of apportioning state funds to local correctional facilities for
operating costs in accordance with §53.1-84.
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