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.

Terms Used In Virginia Code 53.1-116.3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Jail officer: means a duly sworn employee of a local correctional facility, except for deputy sheriffs, whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility. See Virginia Code 53.1-1
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250

1997, c. 127.

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