010-02
SKI04fG0938
BOARD OF SUPERVISORS
RESOLUTION
TO ALLOW PERSONS CONFINED IN THE CLARKE-FAUQUIER-
FREDERICK-WINCHESTER REGIONAL ADULT DETENTION CENTER TO
WORK ON COUNTY PROPERTY
WHEREAS, S 53.1-129, Cade a/Virginia, provides that the Judge of any District or Circuit
Court may allow prisoners confined in jail who are awaiting disposition of, or serving sentences
imposed for, misdemeanors or felonies to work on state, county, city or town property; and
WHEREAS, the Judges ofthe Twenty-Sixth Judicial Circuit of Virginia issued an Order on
September 30, 1998 allowing Judicial good time credit for prisoners confined to jail who are serving
sentences imposed for misdemeanors or felonies, to the extent the sentencing Court's general or
specific Order permits; and
WHEREAS, the Circuit and General District Courts of Frederick County have issued
general Orders permitting such work to be performed by persons confmed in the Regional Jail and
have specified the sentence credits to be awarded; and
WHEREAS, S 53.1-129, Code a/Virginia, requires the consent of the county, city, town,
state agency or local public service authority where such work is to be performed by persons
confined; and
WHEREAS, work performed by persons confined in the Regional Jail would benefit local
government agencies; and
NOW, THEREFORE, BE IT RESOL YED, by the Frederick County Board of Supervisors
this 25th day of September, 2002, that consent is hereby given to allow persons confined in the
Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center to work on Frederick
County property; and
BE IT FURTHER RESOL YED, that this resolution be recorded in the appropriate Order
Book in the Clerk's Office.
ADOPTED this 25th day of September, 2002.
Upon motion made by W. Harrington Smith, Jr. and seconded by Lynda J. Tyler, the above
resolution was approved by the following recorded vote:
Resolution - Regional Jail Inmates to Work on County Property
Board of Supervisors Meeting of September 25, 2002
Page 2
BK I 0 If PG 0 939
Richard C. Shickle Aye Robert M. Sager Aye
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Lynda J. Tyler Aye Sidney A. Reyes Aye
Gina A. Forrester Aye
A COPY TESTE:
RESOLUTION NO.: 010-02
cc: Rebecca P. Hogan, Clerk, Circuit Court, Frederick County
Brenda Vance, Clerk, General District Court, Frederick County
Ann Lloyd, Clerk, Juvenile & Domestic Relations Court
Sheriff Robert T. Williamson, County of Frederick
Fred D. Hildebrand, Superintendent, CFFW Regional Jail
A Copy Attest:
'f8lferfck County Circuit Court
Rebecca p. Hosan. Clerk
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Deputy Clerk
CFFW
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August 29, 2002
Mr. John R. Riley, Jr.
Frcderick County Administrator
107 N, Kent Strcet
Winchester, VA 22601
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Dear Mr. Ri ley:
As you know, we occasionally assign inmates to work on city and county property. Such work is
authorized by 953.1-129, Code of Virginia, which also requires the consent of the county, city,
town or state agency for which the work is being perfonncd. The actual request from the
government agency for inmate workers should serve as consent and meet the requirement of thc
Code. However, the original Court Order entered on May 9, 1984, by the Judges of the 261h
Judicial Circuit, rcquired a resolution of the Governing Body showing their consent and also
required that thc resolution bc recorded in the appropriate Order Book in the Clerk's office. On
September 30, 1998, the Circuit Court Judges rescinded the 1984 Order and issued a similar one
requiring a resolution of consent from the locality in which the confining jail is located. I am
unsure whether a resolution was adopted and recorded in 1984, when the Frederick County Jail
was still operating. Nonetheless, I believe it would be appropriate to request a resolution from
the Governing Bodies of Clarke County, Frederick County, and the City of Winchester. A
request will not be made in Fauquier County, since the Sheriff operates the inmate work program
in that jurisdiction.
[ have enclosed a proposed resolution for consideration, along with copies of the pertinent Court
Orders,
Page 2
[ appreciate your assistance and would be happy to discuss this matter in more detail if you
should dcsire,
Sincerely,
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Fred D, Hildebrand,
Superintendent
Enclosurc
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't' \l~\IRGINIA:
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IN THE TWENTY-SIXTH JUDICIAL CIRCUIT
IN RE: VOLUNTARY WORKING OF PRISONERS ON
STATE, COUNTY AND CITY PROPERTY AND
SENTENCE CREDIT FOR SUCH WORK
ORDER
J;L;.136-L
The previous Order of this Circuit on the above-reference
subject dated May 9, 1984, is hereby RESCINDED. Henceforth, it
is ORDERED that prisoners confined to jail :who are serving
sentences imposed for misdemeanors or felonies shall be entitled
to earn Judicial good time credit pursuant to Section 53.1-129 of
the Code of Virginia, as amended, only to the extent the
sentencing Court's general or specific order permits the earning
of such credit by a particular prisoner. If the sentencing
Court's Order is silent on the prisoner's ability to earn credit
pursuant to Section 53.1-129 of the Code of Virginia, such
prisoner shall not be eligible for such cred{t.
An Order permitting the earning of sentencing credit shall
be effective only if the locality in which the confining jail is
located has recorded in the appropriate Order Book of the Clerk's
Office a resolut~on of the governing body showing their consent
as required by Section 53.1-129 of the Code of Virginia.
Let the Clerk of the Circuit Court of Rockingham County
certify copies of this Order to the Clerks of each Court located
within the Circuit, who shall certify copies thereof to their
r~Je~tive District Court Judges, Sheriffs and Governing
.J-I-\ ,~E~ERED this 3 ~ay of September, 1998.
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OE?UTY CL~R;':
VEGL'<:.\: C'i THE CIRCUIT COUR7 Or: 7v'INCHESTER
ORDER ACTHORIZu~G CLARKE-FREDERICK-WINCHES'TER
REGIONAL JAIL PRISONERS
TO
WORK ON CITY. COUNTY OR STATE PROPERTY
It appears to the Court that there is state, county, city and town property located within the
Counties of Clarke and Frederick, and the City of Winchester, upon which it would be appropriate
for persons confined in the Clarke-Frederick-Winchester Regional Adult Detention Center to work.
Therefore, pursuant to Virginia Code 53.1-129, it is ADJf!DGED and ORDERED that:
1. Persons confined in the CFW Regional ADC pursuant to sentences imposed by the
Winchester Circuit Court may work on state, county, city or town property within
the Counties of Clarke and Frederick. and the City of Winchester, on a voluntary
basis, with the consent of the state, county, city or town agency involved. For each
four (~) hours worked on any such project, an inmate will receive one (1) day of
credit on hisfher sentence.
2. Prisoners working on the property of the CFW Regional ADC, located at 141 Fort
Collier Road, Winchester, Virginia. shall receive one (1) day for every eight hours
worked.
3. While the Sheriff of the City of Winchester or the Superintendent of the CFW
Regional ADC is technically in charge of such prisoners while they are so working,
neither the Sheriff nor the Superintendent shall beheld responsible for any acts of
omission or commission on the part of any such prisoner while he or she is working
on a project pursuant to the terms of this order.
The Clerk is directed to send a copy of this order to the Superintendent of the CFW
Regional AoC, the Sheriff of the City of Winchester, the County Administrators of Clarke County
and Frederick County, the Managers of the City of Winchester and the Town of Berryville, the
Cv~~tj' AttGru~j" nf C:arkc CvUilt]" ;lnd f~de,r:ck Cuunty, th;.: Common,vealLhls Attorney of Clarkt:
County and Frederick County, and the City of Winchester, the Town Attorney of Berryville and the
Attomey for the City of Winchester, the Division of Court Services, and the Public Defender's
Office.
This Order is effective September 3D, 1998.
ENTER:
VIRGINIA: IN THE GENERAL DISTRICT COURT OF CLARKE COUNTY
ORDER AUTHORIZING CLARKE-FREDERICK-WINCHESTER
REGIONAL JAIL PRISONERS
TO
WORK ON CITY. COUNTY OR STATE PROPERTY
It appears to thc Court that thcrc is statc, county, city and town property locatcd within the
Counties of Clarke and Frcderick, and the City of Winchester, upon which it would be appropriate,
for persons conlilled in the Clarke-Frederick-Winchester Regional Adult Detention Center to work.
Therdore,!,lIrSlI:llIt tn Virginia Cnde 53.1-129, it is ADJUDGED and ORDERED that:
l. Persons conlin cd in the CFW Regional A[;:": pursuant to sentences imposed by the
Clarke County General District Court may work on state, county, city or town
property within the Counties of Clarke and Frederick, and the City of Winchester,
on a voluntary basis, with the consent of the state, county, city or town agency
involved. For each fnur (4) hours worked on any such project, an inmate will
receive one (1) day of credit on his/her scntencc.
2. Prisoncrs working on the property of the CFW Regional ADC, located at 141 Fort
Collier Road, Winchester, Virginia, shall receive one (1) day for every eight hours
worked.
3. While the Sheriff of Clarke County or the Superintendent of the CFW Regional
ADC is technically in charge of such prisoners while thcy are so working, neither the
Sheriff nor the Superintendent shall beheld responsible for any acts of omission or
commission on the part of any such prisoner while hc or she is working on a project
pursuant to the terms of this order.
/
The Clcrk is dirccted to scnd a copy of this ordcr to the Supcrintendent of the CFW
Hegional ADC, thc Shcriff of Clarke County, the County Administrators of Clarke County and
Frederick County, thc l\tana~ers of the City of Winchester and the Town of 8erryvilIe. the County
Attorney of Clarke County and (,'rederick Count)', the Cor:-;-nonwealth's Attorney of Clarke County
and, Frederick County, and the City nf Winchester, the Town Attorney of Dcrryville and the
Attorney for the City of Winchestcr, the Division of Court Services, and the Public Defender's
Office.
This Order is effective September 30, 1998.
ENTER: Nl.ltJ'- p,"" LVV'/<"
tlA/,o'Y"'-tt"-.. Jj.1J, ~
Norman deV Morrison, Judge
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VIRGINIA: IN THE GENERAL DISTRICT COURT OF
WINCHESTER AND FREDERICK COUNTY
ORDER AUTHORIZING CLARKE-FREDERICK-WINCHESTER
REGIONAL JAIL PRISONERS
TO
WORK ON CITY. COUNTY OR STATE PROPERTY
It appears to the Court that there is state, county, city and town property located within the
Counties of Clarke and Frederick, and the City of Winchester, upon which it would be appropriate
for persons confined in the Clarke-Frederick-Winchester Regional Adult Detention Center to work.
Therefore, pursuant to Virginia Code 53.1-129, it is ADJUDGED and ORDERED that:
1. Persons confined in the CFW Regional ADC pursuant to sentences imposed by the
City of Winchester and Frederick County General District Court may work on state,
county, city or town property within the Counties of Clarke and Frederick, and the
City of Winchester, on a voluntary basis, with the consent of the state, county, city
or town agency involved. For each four (4) hours worked on any such project, an
inmate will receiv,e one (1) day of credit on his/her sentence.
2. Prisoners working on the property of the CFW Regional ADC, located at 141 Fort
Collier Road, Winchester, Virginia, shall receive one (1) day for every eight hours
worked.
3. While the Sheriff of Frederick County and the Sheriff of the City of Winchester or
the Superintendent of the CFW Regional ADC iB technically in charge of such
prisoners while they are so working, neither the Sheriff nor the Superintendent shall
beheld responsible for any acts of omission or commission on the part of any such
prisoner while he or she is working on a project pursuant to the terms of this order.
The Clerk is directed to send a copy of this order to the Superintendent of the CFW
Regional ADC, the Sheriff of Frederick County and the Sheriff of the City of Winchester, the
County Administrators of Clarke County and Frederick County, the Managers of the City of
Winchester and the Town of Berryville, the County Attorney of Clarke County and Frederick
County, the Commonwealth's Attorney of Clarke County and Frederick County, and the City of
Winchester, the Town Attorney of Berryville and the Attorney for the City of Winchester, the
Division of Court Services, and the Public Defender's Office.
This Order is effective September 30, 1998.
ENTER:
d~fi4)1d(~
David S. Whitacre, Judge
VIRGINIA: IN THE CIRCUIT COURT OF CLARKE COUNTY
ORDER AUTHORIZING CLARKE-FREDERICK-WINCHESTER
REGIONAL JAIL PRISONERS
TO
WORK ON CITY, COUNTY OR STATE PROPERTY
It appears to the Court that there is state, county, city and town property located within the
Counties of Clarke and Frederick, and the City of Winchester, upon which it would be appropriate
for persons confined in the Clarke-Frederick-Winchester Regional Adult Detention Center to work.
Therefore, pursuant to Virginia Code 53.1-129, it is ADJUDGED and ORDERED that:
1. Persons confined in the CFW Regional ADC pursuant to sentences imposed by the
Clarke County Circuit Court may work on state, county, city or town property
within the Counties of Clarke and Frederick, and the City of Winchester, on a
voluntary basis, with the consent of the state, county, city or town agency involved.
For each four (4) hours worked on any such project, an inmate will receive one (I)
day of credit on hisfher sentence.
2. Prisoners working on the property of the CFW Regional ADC, located at 141 Fort
Collier Road, Winchester, Virginia, shall receive one (1) day for every eight hours
worked.
3. While the Sheriff of Frederick County or the Superintendent of the CFW Regional
ADC is technically in charge of such prisoners while they are so working, neither the
Sheriff nor the Superintendent shall beheld responsibie for any acts of omission or
commission on the part of any such prisoner while he or she is working on a project
pursuant to the terms of this order.
The Clerk is directed to send a copy of this order to the Superintendent of the CFW
Regional ADC, the Sheriff of Clarke County, the County Administrators of Clarke County and
Frederick County, the Managers of the City of Wincht:ster and the Town of BerryviIle, the Count)'
Attorney of Clarke County and Frederick County, the Commonwealth's Attorney of Clarke County
and Frederick County, and the City of Winchester, the Town Attorney of BerryviIle and the
Attorney for the City of Winchester, the Division of Court Services, and the Public Defender's
Office.
This Order is effective September 30, 1998.
ENT~~J998
John R.Prosser, Judge
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11/24/98. Common Law Order Book 113. page 1765,
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IN THE CIRCUIT COURT OF FREDERICK COUNTY
ORDER AUTHORIZING CLARKE-FREDERICK-WINCHESTER
REGIONAL JAIL PRISONERS
TO
WORK ON CITY, COUNTY OR STATE PROPERTY
It appears to the Court that there is state, county, city and town property located within the
Counties of Clarke and Frederick, and the City of Winchester, upon which it would be appropriate
for persons confined in the Clarke-Frederick-Winchester Regional Adult Detention Center to work.
Therefore, pursuant to Virginia Code 53.1-129, it is ADJUDGED and ORDERED that:
1. Persons confined in the CFW Regional ADC pursuant to sentences imposed by the
Frederick County Circuit Court may work on state, county, city or town property
within the Counties of Clarke and Frederick, and the City of Winchester, on a
voluntary basis, with the consent of the state, county, city or town agency involved.
For each four (4) hours worked on any such project, an inmate will rcceive one (1)
day of credit on hisfher sentence.
2. Prisoners working on the property of the CFW Regional ADC, located at 141 Fort
Collier Road, Winchester, Virginia, shall receive one (1) day for every eight hours
worked.
3. While the Sheriff of Frederick County or the Superintendent of the CFW Regional
ADC is technically in charge of such prisoners while they are so working, neither the
Sheriff nor the Superintendent shall beheld responsible for any acts of omission or
commission on the part of any such prisoner while he or she is working on a project
pursuant to the terms of this order.
The Clerk is directed to send a copy of this order to the Superintendent of the CFW
Regional ADC, the Sheriff of Frederick County, the County Administrators of Clarke County and
Frederick County, the Managers of the City of Winchester and the Town of Berryville, the County
Attorney of Clarke County and Frederick County, the Commonwealth's Attorney of Clarke County
and Frederick County, and the City of Winehester, the Town Attorney of Berryville and the
Attorney for the City of Winchester, the Division of Court Services, and the Public Defender's
Office.
This Order is effective September 30, 1998.
A Copy Attest:
Frederick County Circuit Court
Rebecca P. Hogan, Clerk
~1aJ{1. vi- L~L/
/ eputy Clerk /
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