{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/53.1-116.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/53.1-116.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/53.1-116.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/53.1-116.3.html"}],"law_id":367520,"edition_id":2,"section_id":367520,"structure_id":52386,"section_number":"53.1-116.3","catch_line":"Improper release; capias, arrest and hearing","history":"1997, c. 127.","full_text":"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.\n\n","order_by":null,"text":{"0":{"id":1368142,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52386,"edition_id":2,"name":"Duties of Sheriffs","identifier":"6","label":"article","depth":3,"order_by":8,"parent_id":52383,"metadata":{"child_laws":23,"child_structures":0},"date_created":"2026-08-02 02:58:11","date_modified":"2026-08-02 12:34:47","permalink":{"id":1465675,"object_type":"structure","relational_id":52386,"identifier":"6","token":"53.1\/3\/6","url":"\/53.1\/3\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52383,"edition_id":2,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":3,"parent_id":52379,"metadata":{"child_laws":146,"child_structures":11},"date_created":"2026-08-02 02:58:09","date_modified":"2026-08-02 12:34:46","permalink":{"id":1465283,"object_type":"structure","relational_id":52383,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52379,"edition_id":2,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":117,"parent_id":null,"metadata":{"child_laws":402,"child_structures":56},"date_created":"2026-08-02 02:58:08","date_modified":"2026-08-02 12:34:44","permalink":{"id":1464593,"object_type":"structure","relational_id":52379,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367521,"structure_id":52386,"section_number":"53.1-116","catch_line":"What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays","url":"\/53.1-116\/","token":"53.1\/3\/6\/53.1-116","metadata":false},{"id":367515,"structure_id":52386,"section_number":"53.1-116.1","catch_line":"Jailer to give notice of release of certain prisoners","url":"\/53.1-116.1\/","token":"53.1\/3\/6\/53.1-116.1","metadata":false},{"id":367516,"structure_id":52386,"section_number":"53.1-116.1:01","catch_line":"Jailer to give notice of intake of certain prisoners","url":"\/53.1-116.1_01\/","token":"53.1\/3\/6\/53.1-116.1_01","metadata":false},{"id":367517,"structure_id":52386,"section_number":"53.1-116.1:02","catch_line":"Jailer-issued identification","url":"\/53.1-116.1_02\/","token":"53.1\/3\/6\/53.1-116.1_02","metadata":false},{"id":367518,"structure_id":52386,"section_number":"53.1-116.2","catch_line":"Sheriffs to be keepers of jails","url":"\/53.1-116.2\/","token":"53.1\/3\/6\/53.1-116.2","metadata":{"court_decisions":{"0":{"name":"Latson v. Clarke","case_number":"Case No. 1:16CV00039","citation":"249 F. Supp. 3d 838","date":"2017-04-20","url":"https:\/\/www.courtlistener.com\/opinion\/7325347\/latson-v-clarke\/","abstract":" .\u202f.\u202f. OPINION AND ORDER .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"}}}},{"id":367519,"structure_id":52386,"section_number":"53.1-116.2:1","catch_line":"Jail superintendents to report certain acts of violence occurring within regional correctional facilities to law-enforcement agency; policies","url":"\/53.1-116.2_1\/","token":"53.1\/3\/6\/53.1-116.2_1","metadata":false},{"id":367520,"structure_id":52386,"section_number":"53.1-116.3","catch_line":"Improper release; capias, arrest and hearing","url":"\/53.1-116.3\/","token":"53.1\/3\/6\/53.1-116.3","metadata":false},{"id":367522,"structure_id":52386,"section_number":"53.1-117","catch_line":"Violations of rules to be recorded in register","url":"\/53.1-117\/","token":"53.1\/3\/6\/53.1-117","metadata":false},{"id":367523,"structure_id":52386,"section_number":"53.1-118","catch_line":"Courts to fine sheriffs for failure to perform duties","url":"\/53.1-118\/","token":"53.1\/3\/6\/53.1-118","metadata":false},{"id":367524,"structure_id":52386,"section_number":"53.1-119","catch_line":"Court duties of sheriff","url":"\/53.1-119\/","token":"53.1\/3\/6\/53.1-119","metadata":false},{"id":367526,"structure_id":52386,"section_number":"53.1-120","catch_line":"Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment","url":"\/53.1-120\/","token":"53.1\/3\/6\/53.1-120","metadata":false},{"id":367527,"structure_id":52386,"section_number":"53.1-121","catch_line":"Sheriffs to make daily reports to Compensation Board; failure to send report","url":"\/53.1-121\/","token":"53.1\/3\/6\/53.1-121","metadata":false},{"id":367528,"structure_id":52386,"section_number":"53.1-122","catch_line":"Daily records of sheriffs and jail superintendents","url":"\/53.1-122\/","token":"53.1\/3\/6\/53.1-122","metadata":false},{"id":367529,"structure_id":52386,"section_number":"53.1-123","catch_line":"Other accounts, information and records as required by Department","url":"\/53.1-123\/","token":"53.1\/3\/6\/53.1-123","metadata":false},{"id":367530,"structure_id":52386,"section_number":"53.1-124","catch_line":"Sheriffs and jail superintendents to report to the courts","url":"\/53.1-124\/","token":"53.1\/3\/6\/53.1-124","metadata":{"court_decisions":{"0":{"name":"Jennings v. Parole Board of Virginia","case_number":"CIV. A. 98-742-AM","citation":"61 F. Supp. 2d 462","date":"1999-04-28","url":"https:\/\/www.courtlistener.com\/opinion\/2501064\/jennings-v-parole-board-of-virginia\/","abstract":" .\u202f.\u202f. 61 F.Supp.2d 462 (1999) .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":367531,"structure_id":52386,"section_number":"53.1-125","catch_line":"Failure of sheriffs or jail superintendents to comply with requirements of board; filing of complaint; withholding salary","url":"\/53.1-125\/","token":"53.1\/3\/6\/53.1-125","metadata":false},{"id":367532,"structure_id":52386,"section_number":"53.1-126","catch_line":"Responsibility of sheriffs and jail superintendents for food, clothing and medicine","url":"\/53.1-126\/","token":"53.1\/3\/6\/53.1-126","metadata":false},{"id":367538,"structure_id":52386,"section_number":"53.1-127","catch_line":"Who may enter interior of local correctional facilities; searches of those entering","url":"\/53.1-127\/","token":"53.1\/3\/6\/53.1-127","metadata":false},{"id":367533,"structure_id":52386,"section_number":"53.1-127.1","catch_line":"Establishment of stores in local correctional facilities","url":"\/53.1-127.1\/","token":"53.1\/3\/6\/53.1-127.1","metadata":{"court_decisions":""}},{"id":367534,"structure_id":52386,"section_number":"53.1-127.2","catch_line":"Fees for telephonic communication systems and electronic visitation and messaging systems for prisoners in local correctional facilities","url":"\/53.1-127.2\/","token":"53.1\/3\/6\/53.1-127.2","metadata":false},{"id":367535,"structure_id":52386,"section_number":"53.1-127.3","catch_line":"Deferred or installment payment agreement for unpaid fees","url":"\/53.1-127.3\/","token":"53.1\/3\/6\/53.1-127.3","metadata":false},{"id":367536,"structure_id":52386,"section_number":"53.1-127.4","catch_line":"Repealed","url":"\/53.1-127.4\/","token":"53.1\/3\/6\/53.1-127.4","metadata":false},{"id":367537,"structure_id":52386,"section_number":"53.1-127.5","catch_line":"Collection of fees owed; contract for collection; duties of Department of Taxation","url":"\/53.1-127.5\/","token":"53.1\/3\/6\/53.1-127.5","metadata":false}],"previous_section":{"id":367519,"structure_id":52386,"section_number":"53.1-116.2:1","catch_line":"Jail superintendents to report certain acts of violence occurring within regional correctional facilities to law-enforcement agency; policies","url":"\/53.1-116.2_1\/","token":"53.1\/3\/6\/53.1-116.2_1","metadata":false},"next_section":{"id":367522,"structure_id":52386,"section_number":"53.1-117","catch_line":"Violations of rules to be recorded in register","url":"\/53.1-117\/","token":"53.1\/3\/6\/53.1-117","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-116.3\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 127<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1465701,"object_type":"law","relational_id":367520,"identifier":"53.1-116.3","token":"53.1\/3\/6\/53.1-116.3","url":"\/53.1-116.3\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/53.1-116.3\/","token":"53.1\/3\/6\/53.1-116.3","dublin_core":{"Title":"Improper release; capias, arrest and hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-116.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The sheriff or jail superintendent or his designee, upon the discovery<\/span> of an improper release or discharge of a prisoner from custody<\/span>, shall report such release or discharge to the sentencing court<\/span>. The court<\/span> shall then for good cause shown issue<\/span> a capias<\/span> for the arrest<\/span> of the prisoner which may be executed by any duly sworn jail officer<\/span> or law<\/span>-enforcement officer. Such capias<\/span> shall direct that the prisoner be presented forthwith to the court<\/span> to determine the propriety of the original discharge or release. After a hearing<\/span>, if the court<\/span> 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPROPER RELEASE; CAPIAS, ARREST AND HEARING (\u00a7 53.1-116.3)\n\nThe sheriff or jail superintendent or his designee, upon the discovery of an\nimproper release or discharge of a prisoner from custody, shall report such\nrelease or discharge to the sentencing court. The court shall then for good\ncause shown issue a capias for the arrest of the prisoner which may be executed\nby any duly sworn jail officer or law-enforcement officer. Such capias shall\ndirect that the prisoner be presented forthwith to the court to determine the\npropriety of the original discharge or release. After a hearing, if the court is\nsatisfied that the original release or discharge was made improperly, the\nprisoner shall be returned to the jail facility from which he was released or\ndischarged.\n\nHISTORY: 1997, c. 127.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}