14101436D
SENATE BILL NO. 167
Senate Amendments in [ ] -- February 4, 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, 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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