Virginia Law

Article 3. Good Conduct Allowances for Persons Committed on or After July 1, 1981.

Every person who, on or before June 30, 1981, was convicted of a felony and every person convicted of a misdemeanor, and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, may choose the system of good conduct allowances established in §§ 53.1-199 through 53.1-202 to govern the computing of his discharge date and eligibility for parole. A person who chooses the system established in this article may not thereafter be governed by the laws establishing good conduct allowances in effect prior to July 1, 1981.

Code 1950, § 53-209.1; 1981, c. 392; 1982, c. 636.

Every person who, on or after July 1, 1981, has been convicted of a felony and every person convicted of a misdemeanor and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, and every person who, in accordance with § 53.1-198, chooses the system of good conduct allowances set out herein, may be entitled to good conduct allowance not to exceed the amount set forth in § 53.1-201. Such good conduct allowance shall be applied to reduce the person's maximum term of confinement while he is confined in any state correctional facility. One-half of the credit allowed under the provisions of § 53.1-201 shall be applied to reduce the period of time a person shall serve before being eligible for parole.

Any person who, on or after July 1, 1993, has been sentenced upon a conviction of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and any person who has been sentenced to a term of life imprisonment or two or more life sentences shall be classified within the system established by § 53.1-201. Such person shall be eligible for no more than ten days good conduct credit for each thirty days served, regardless of the class to which he is assigned. One-half of such credit shall be applied to reduce the period of time he shall serve before being eligible for parole. Additional good conduct credits may be approved by the Director for such persons in accordance with § 53.1-191.

Code 1950, § 53-209.2; 1981, c. 392; 1982, c. 636; 1993, c. 491; 2020, c. 759.

Regulations approved by the Director shall govern the earning of good conduct allowance. The regulations shall require, as a condition for earning the allowance, that a prisoner participate in an appropriate educational, training, work, counseling or substance abuse program or other program intended for his rehabilitation, as provided in § 53.1-32.1. The amount of good conduct allowance to be credited to those persons eligible therefor shall be based upon compliance with written prison rules or regulations; a demonstration of responsibility in the performance of assignments; and a demonstration of a desire for self-improvement.

Code 1950, § 53-209.3; 1981, c. 392; 1982, c. 636; 1994, c. 582; 2020, c. 759.

Good conduct allowances shall be based upon a four-level classification system. Such system shall be established as follows:

1. Class I at a rate of thirty days credit for each thirty days served. Class I shall be reserved for persons whose initiative, conduct and performance in their assignments are exemplary. Consideration for Class I credit shall be given to persons who perform in assignments requiring a high degree of trust, extra long hours or specialized skills.

2. Class II at a rate of twenty days credit for each thirty days served. Class II shall be reserved for persons whose initiative, conduct and performance in their assignments are satisfactory. Consideration for Class II credit shall be given to persons who require moderate supervision in their assignments and whose assignments require responsibility in the care and maintenance of property.

3. Class III at a rate of ten days credit for each thirty days served. Class III shall be reserved for persons whose conduct and performance in their assignments are marginal. Persons requiring intensive supervision in their assignments and exhibiting minor disciplinary problems may be assigned to Class III.

4. Class IV at a rate of no credit for each thirty days served. Class IV shall be reserved for persons who are in isolation or segregation status for disciplinary or security reasons and persons whose conduct and performance in their assignments are so unsatisfactory as to eliminate consideration for good conduct allowance.

Persons may be reclassified for an increase or decrease in class according to rules and regulations established pursuant to § 53.1-200.

Code 1950, § 53-209.4; 1981, c. 392; 1982, c. 636.

Upon receipt by the Department, persons who have been confined while awaiting transfer to a state correctional facility shall be credited with such time as is certified to the Department in accordance with §§ 53.1-116 and 53.1-129 and as is otherwise provided by law. Certified good conduct allowance shall be applied to reduce the person's maximum term of confinement, and one-half of such credit shall be applied to reduce the period of time the person shall serve before being eligible for parole.

After admission to a state correctional facility, a person shall be credited at the rate of fifteen days for each thirty days of time served with satisfactory conduct. The person shall remain in this credit level until classified in accordance with § 53.1-201.

Code 1950, § 53-209.5; 1981, c. 392; 1982, c. 636.

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.