Virginia § 53.1-116.3 - Improper release; capias, arrest and hearing
Full text of Virginia Code of Virginia § 53.1-116.3 — Improper release; capias, arrest and hearing, with citation guidance and answers to common questions.
§ 53.1-116.3. Improper release; capias, arrest and hearing
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.
1997, c. 127.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 53.1-116.3
What does Code of Virginia § 53.1-116.3 cover?
Section 53.1-116.3 ("Improper release; capias, arrest and hearing") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 53.1-116.3?
A common citation format is "Code of Virginia § 53.1-116.3" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 53.1-116.3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.