                                 CODE OF VIRGINIA

CREDIT FOR TIME SPENT IN CONFINEMENT WHILE AWAITING TRIAL (§ 53.1-187)

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 trial, in a
state or local correctional facility awaiting trial or pending an appeal, or in
a juvenile detention facility awaiting trial for an offense for which, upon
conviction, 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 nolle prosequi 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 final order in any such case, the court
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 bail to be regarded as in
confinement for the purposes of this statute. No such credit shall be given to
any person who escapes from a state or local correctional facility or is absent
without leave from a juvenile detention facility.
		Any person sentenced to confinement in a correctional facility, in whose case
the final order entered by the court 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 §§ 53.1-116 and
53.1-129, Articles 2 (§ 53.1-192 et seq.) and 3 (§ 53.1-198 et seq.) or the
earned sentence credits provided for in Article 4 (§ 53.1-202.2 et seq.).

HISTORY: Code 1950, § 53-208; 1968, c. 105; 1970, c. 648; 1982, c. 636; 1984,
c. 313; 1994, 2nd Sp. Sess., cc. 1, 2; 2022, c. 399.