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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>62482</law_id><section_number>53.1-187</section_number><catch_line>Credit for time spent in confinement while awaiting trial</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>53.1-67</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="6">Commencement of Terms; Credits and Allowances</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Any person who is sentenced to a term of confinement in a correctional facility shall have deducted from any such term all time actually spent by the person in a state hospital for examination purposes or treatment prior to <span class="dictionary">trial</span>, in a state or <span class="dictionary">local correctional facility</span> awaiting <span class="dictionary">trial</span> or pending an <span class="dictionary">appeal</span>, or in a juvenile detention facility awaiting <span class="dictionary">trial</span> for an <span class="dictionary">offense</span> for which, upon <span class="dictionary">conviction</span>, such juvenile is sentenced to an adult correctional facility. Such credit for time shall include any time spent in pretrial confinement or detention on separate, dismissed, or <span class="dictionary">nolle prosequi</span> charges that are from the same act as the violation for which the person is convicted and sentenced to a term of confinement. When entering the <span class="dictionary">final order</span> in any such case, the <span class="dictionary">court</span> shall provide that the person so convicted be given credit for the time so spent.
		In no case shall a person be allowed credit for time not actually spent in confinement or in detention. In no case is a person on <span class="dictionary">bail</span> to be regarded as in confinement for the purposes of this <span class="dictionary">statute</span>. No such credit shall be given to any person who escapes from a state or <span class="dictionary">local correctional facility</span> or is absent without leave from a juvenile detention facility.
		Any person sentenced to confinement in a correctional facility, in whose case the <span class="dictionary">final order</span> entered by the <span class="dictionary">court</span> in which he was convicted fails to provide for the credit authorized by this section, shall nevertheless receive credit for the time so spent in a correctional facility. Such allowance of credit shall be in addition to the good conduct allowance provided for in &#xA7;&#xA7;&#xA0;<a class="law" title="What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays" href="/53.1-116/">53.1-116</a> and <a class="law" title="Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners" href="/53.1-129/">53.1-129</a>, Articles 2 (&#xA7;&#xA0;<a class="law" title="Applicability of article" href="/53.1-192/">53.1-192</a> et seq.) and 3 (&#xA7;&#xA0;<a class="law" title="Certain persons to choose good conduct system" href="/53.1-198/">53.1-198</a> et seq.) or the earned sentence credits provided for in Article 4 (&#xA7;&#xA0;<a class="law" title="Eligibility for earned sentence credits" href="/53.1-202.2/">53.1-202.2</a> et seq.).</p></section></text><history>Code 1950, &#xA7; 53-208; 1968, c. 105; 1970, c. 648; 1982, c. 636; 1984, c. 313; 1994, 2nd Sp. Sess., cc. 1, 2; 2022, c. 399.</history><metadata></metadata></law>
