CODE OF VIRGINIA

IMPROPER RELEASE; CAPIAS, ARREST AND HEARING (§ 53.1-116.3)

The sheriff or jail superintendent or his designee, upon the discovery of an
improper release or discharge of a prisoner from custody, shall report such
release or discharge to the sentencing court. The court shall then for good
cause shown issue a capias for the arrest of the prisoner which may be executed
by any duly sworn jail officer or law-enforcement officer. Such capias shall
direct that the prisoner be presented forthwith to the court to determine the
propriety of the original discharge or release. After a hearing, if the court is
satisfied that the original release or discharge was made improperly, the
prisoner shall be returned to the jail facility from which he was released or
discharged.

HISTORY: 1997, c. 127.