CODE OF VIRGINIA

ELIGIBILITY FOR EARNED SENTENCE CREDITS (§ 53.1-202.2)

A. Every person who is convicted of a felony offense committed on or after
January 1, 1995, and who is sentenced to serve a term of incarceration in a
state or local correctional facility shall be eligible to earn sentence credits
in the manner prescribed by this article. Such eligibility shall commence upon
the person’s incarceration in any correctional facility following entry of
a final order of conviction by the committing court. As used in this chapter,
“sentence credit” and “earned sentence credit” mean
deductions from a person’s term of confinement earned through adherence to
rules prescribed pursuant to § 53.1-25, through program participation as
required by §§ 53.1-32.1 and 53.1-202.3, and by meeting such other
requirements as may be established by law or regulation. One earned sentence
credit shall equal a deduction of one day from a person’s term of
incarceration.

B. A juvenile convicted as an adult and sentenced as a serious juvenile offender
under clause (i) of subdivision A 1 of § 16.1-272 shall be eligible to earn
sentence credits for the portion of the sentence served with the Department of
Juvenile Justice in the manner prescribed by this article. Consideration for
earned sentence credits shall require adherence to the facility’s rules
and the juvenile’s progress toward treatment goals and objectives while
sentenced as a serious juvenile offender under § 16.1-285.1.

HISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 2008, c. 517.