Virginia Law

Article 2. Good Conduct Allowances for Persons Committed Prior to July 1, 1981.

The provisions of this article shall be applicable only to those persons who were convicted, sentenced and committed to the Department prior to July 1, 1981, and who, in accordance with § 53.1-198, are not governed by the system of good conduct allowances established in Article 3 (§ 53.1-198 et seq.) of this chapter.

1982, c. 636.

Every person convicted of a felony before October 1, 1942, except those referenced in § 53.1-194, shall, for every month that he is held in confinement after June 24, 1944, in any state correctional facility, without violating any prison rule or regulation, be allowed a credit of thirty days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves. Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.

Code 1950, § 53-210; 1979, c. 415; 1982, c. 636.

Every person convicted of a felony before October 1, 1942, who had once before been convicted of a felony and regularly discharged from the state corrections system, or who, prior to June 24, 1944, had been returned to a state correctional facility for violating the terms of a conditional pardon, or who had been convicted of a crime while serving his sentence in a state correctional facility, or who had escaped or attempted to escape from a state correctional facility or from a local correctional facility while awaiting trial or transfer to a state correctional facility, shall, for every month he is confined in any state correctional facility after such date, without violating any prison rule or regulation, be allowed a credit of fifteen days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves. Every person convicted of a felony before October 1, 1942, who is returned thereafter to a state correctional facility for violating the terms of a conditional pardon, or who commits a crime while serving his sentence in a state correctional facility, or who escapes or attempts to escape from a state correctional facility, shall, for every twenty days he is held in confinement after his return to a state correctional facility or after the commission of such crime, or after such escape or attempted escape, without violating any prison rule or regulation, be allowed a credit of only ten days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves.

Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.

So much of an order of any court contrary to the provisions of this section shall be deemed null and void.

Code 1950, § 53-211; 1952, c. 142; 1979, c. 415; 1982, c. 636.

Such credit as any person may have earned pursuant to § 53.1-193 or § 53.1-194 and not forfeited prior to June 24, 1944, shall remain to his credit, unless forfeited as hereinafter provided.

Code 1950, § 53-212; 1982, c. 636.

Every person convicted of a felony on or after October 1, 1942 and every person convicted of a misdemeanor and confined in any state correctional facility shall, for every twenty days of confinement after sentence, either in a local correctional facility awaiting transfer to the Department or in any state correctional facility serving the sentence imposed upon him, without violation of any written jail or prison rule or regulation, be allowed a credit of ten days upon his total term of confinement to which he has been sentenced, in addition to the time he actually serves. So much of the credit allowed to misdemeanants by this section as applies to time served prior to June 24, 1944, shall be in lieu of, and not in addition to, any credit they may have earned under the law as it existed prior to such date.

Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.

So much of an order of any court contrary to the provisions of this section shall be deemed null and void.

Code 1950, § 53-213; 1970, c. 648; 1972, c. 487; 1973, c. 208; 1974, c. 533; 1977, c. 182; 1982, c. 636.

Every person sentenced to the Department, while in a local or state correctional facility, who participates in career and technical education or other training while confined, or who shows such interest and application in his work assignment as to exhibit unusual progress toward rehabilitation, may, in the discretion of the Director be allowed a credit toward his parole eligibility date and upon the total term of confinement to which he has been sentenced. Such credit may be from one day to five days for each month he has been engaged in such career and technical education or other training or has applied himself in excess of minimal work assignment requirements. Any credit accumulated prior to June 1, 1975, toward the term of confinement may, in the discretion of the Director, be credited toward such prisoner's parole eligibility date.

Code 1950, § 53-213.1; 1968, c. 302; 1973, c. 204; 1975, c. 244; 1976, c. 180; 1982, c. 636; 2001, c. 483.

The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.

1994, 2nd Sp. Sess., cc. 1, 2.