Friday, September 5, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB499: Inmates; permitting work on public or private property.
Be it enacted by the General Assembly of Virginia:
1. That § 53.1-129 of the Code of Virginia is amended and reenacted as follows:
§ 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.
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
awaiting disposition of, or serving sentences imposed for, misdemeanors or
felonies to work on (i) state, county, city or town property, (ii) any property
owned by a nonprofit organization that is exempt from taxation under 26 U.S.C.
§ 501 (c) (3) or (c) (4) and that is organized and operated exclusively for
charitable or social 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 the request of the nonprofit organization involved, or (iii)
private property that is part of a community improvement project sponsored by a
locality or that has structures that are found to be public nuisances pursuant
to §§ 15.2-900 and 15.2-906 provided that the court has reviewed and approved
the project for the purposes herein and permits the prisoners to work on such
project, or (iv) any private property
utilized by a nonprofit organization that is exempt from taxation under 26
U.S.C. § 501 (c) (3) or (c) (4). The district court of any county
or city may allow persons confined 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 organization that is exempt from taxation under 26 U.S.C. § 501 (c)
(3) or (c) (4) and that is organized and operated exclusively for charitable or
social welfare purposes on a voluntary basis with consent of the county, city,
town or state agency or the local public service authority or upon the request
of the nonprofit organization involved, or (c)
private property that is part of a community improvement project sponsored by a
locality or that has structures that are found to be public nuisances pursuant
to §§ 15.2-900 and 15.2-906 provided that the court has reviewed and approved
the project for the purposes herein and permits the prisoners to work on such
project, or (d) any private property utilized by a
nonprofit organization that is exempt from taxation under 26 U.S.C. § 501 (c)
(3) or (c) (4). Prisoners performing work as provided in this
paragraph may receive credit on their respective sentences for the work done,
whether such sentences are imposed prior or subsequent to the work done, as the
court orders.
The court may, by order entered of record, require a person convicted of a felony to work on state, county, city or town property, with the consent of the county, city, town or state agency or the local public service authority involved, for such credit on his sentence as the court orders.
In the event that a person other than the sheriff or jail superintendent is designated 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 the court, conditioned upon the faithful discharge of his duties. Neither the sheriff nor the jail superintendent shall be held responsible for any acts of omission or commission on the part of such person.
Any person committed to jail upon a felony offense committed on or after January 1, 1995, who receives credit on his sentence as provided in this section shall not be entitled to good conduct credit, sentence credit, earned sentence credit, other credit, or a combination of any credits in excess of that permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title. So much of an order of any court contrary to the provisions of Article 4 shall be deemed null and void.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.