Sheriff's deputies said Del. Joe Morrissey (D-Henrico) violated the terms of his work release late Thursday, after he campaigned at an Eastern Henrico County shopping center.
Morrissey is now forced to remain in jail, until he is brought before a judge for an institutional hearing. According to the Henrico Sheriff's Office, Morrissey did not notify his supervisors of his intent to campaign at a supermarket near Richmond International Airport.
The embattled delegate hit the campaign trail hours after he announced his resignation. In the same news conference, Morrissey declared his intentions to seek the Democratic nomination and run once again for his seat.
Morrissey told NBC12 Thursday afternoon his work release agreement said has the right to meet constituents during the day.
"It's part of the agreement," Morrissey said.
Morrissey handed in his notice of resignation effective Jan. 13, 2015, the date of the upcoming special election.
"Right now there is a bit of a cloud or taint over my seat" Morrissey told reporters. "It's not the political pundits, it's not legislators who should decide whether or not I stay or go. It is the voters in the 74th House District."
Around 3:00 p.m., Morrissey was seen shaking hands with voters at a shopping center along South Airport Drive in Highland Springs.
Morrissey is currently serving a six month sentence after entering an Alford plea on charges of an inappropriate sexual relationship with a 17-year-old receptionist. The plea indicates Morrissey does not admit guilt, but acknowledges there is enough evidence for him to be found guilty at trial.
“Delegate Morrissey's announcement that he will run in a special election after just resigning his House of Delegates' seat is both outrageous and sad,” said House Minority Leader David Toscano (D-Charlottesville).
“To say it is outrageous goes without saying, but it is also a sad and sorry display of political grandstanding that simply hurts the Commonwealth, its political institutions and the constituents that he purports to represent."
House of Delegates Speaker William J. Howell (R-Stafford) railed against Morrissey's decision to seek the seat in the special election, calling it "deceitful, selfish and disrespectful."
"This is a despicable, arrogant political stunt that should disgust each and every citizen of Virginia," Howell said in a statement. "The people of the 74th district deserve better than this and the obligation now rests with them to retire Mr. Morrissey permanently."
The deadline for political parties to nominate candidates is Tuesday. Prior to Thursday's announcement several candidates already announced their intention to challenge Morrissey for his political seat, including Kevin Sullivan, Lamont Bagby and Matt Walton.
G. Paul Nardo, clerk for the Virginia House of Delegates, expressed his surprise on how Thursday's situation unfolded.
"A little bit surprised that he chose to run for the seat he is now resigning from on January 13 but that's totally within his prerogative and right to do so," Nardo said.
Morrissey previously had to report to Henrico Jail East every night for three months. He was eligible for work release to practice law and serve in the General Assembly. He also wears an ankle GPS monitoring device.
Prosecutors say the 57-year-old had a sexual relationship with a teenage part-time receptionist at his law office last year. She is now 18 years old and has denied the alleged sexual relationship.