                                 CODE OF VIRGINIA

RATE AT WHICH SENTENCE CREDITS MAY BE EARNED; PREREQUISITES (§ 53.1-202.3)

A. A maximum of 4.5 sentence credits may be earned for each 30 days served on a
sentence for a conviction for any offense of:

   1. A Class 1 felony;

   2. Solicitation to commit murder under &#xA7; 18.2-29 or any violation of
   &#xA7; 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33;

   3. Any violation of &#xA7; 18.2-40 or 18.2-45;

   4. Any violation of subsection A of &#xA7; 18.2-46.5, of subsection D of
   &#xA7; 18.2-46.5 if the death of any person results from providing any
   material support, or of subsection A of &#xA7; 18.2-46.6;

   5. Any kidnapping or abduction felony under Article 3 (&#xA7; 18.2-47 et seq.)
   of Chapter 4 of Title 18.2;

   6. Any malicious felonious assault or malicious bodily wounding under Article
   4 (&#xA7; 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of &#xA7;
   18.2-51.6 or 18.2-51.7, or any felony violation of &#xA7; 18.2-57.2;

   7. Any felony violation of &#xA7; 18.2-60.3;

   8. Any felony violation of &#xA7; 16.1-253.2 or 18.2-60.4;

   9. Robbery under &#xA7; 18.2-58 or carjacking under &#xA7; 18.2-58.1;

   10. Criminal sexual assault punishable as a felony under Article 7 (&#xA7;
   18.2-61 et seq.) of Chapter 4 of Title 18.2;

   11. Any violation of &#xA7; 18.2-90;

   12. Any violation of &#xA7; 18.2-289 or subsection A of &#xA7; 18.2-300;

   13. Any felony offense in Article 3 (&#xA7; 18.2-346 et seq.) of Chapter 8 of
   Title 18.2;

   14. Any felony offense in Article 4 (&#xA7; 18.2-362 et seq.) of Chapter 8 of
   Title 18.2, except for a violation of &#xA7; 18.2-362 or subsection B or C of
   &#xA7; 18.2-371.1;

   15. Any felony offense in Article 5 (&#xA7; 18.2-372 et seq.) of Chapter 8 of
   Title 18.2, except for a violation of subsection A of &#xA7; 18.2-374.1:1;

   16. Any violation of subsection F of &#xA7; 3.2-6570, any felony violation of
   &#xA7; 18.2-128, or any violation of &#xA7; 18.2-481, 37.2-917, 37.2-918,
   40.1-100.2, or 40.1-103; or

   17. A second or subsequent violation of the following offenses, in any
   combination, when such offenses were not part of a common act, transaction, or
   scheme and such person has been at liberty as defined in &#xA7; 53.1-151
   between each conviction:
   				a. Any felony violation of &#xA7; 3.2-6571;
   				b. Voluntary manslaughter under Article 1 (&#xA7; 18.2-30 et seq.) of
   Chapter 4 of Title 18.2;
   				c. Any violation of &#xA7; 18.2-41 or felony violation of &#xA7;
   18.2-42.1;
   				d. Any violation of subsection B, C, or D of &#xA7; 18.2-46.5 or &#xA7;
   18.2-46.7;
   				e. Any violation of &#xA7; 18.2-51 when done unlawfully but not
   maliciously, &#xA7; 18.2-51.1 when done unlawfully but not maliciously, or
   &#xA7; 18.2-54.1 or 18.2-54.2;
   				f. Arson in violation of &#xA7; 18.2-77 when the structure burned was
   occupied or a Class 3 felony violation of &#xA7; 18.2-79;
   				g. Any violation of &#xA7; 18.2-89 or 18.2-92;
   				h. Any violation of subsection A of &#xA7; 18.2-374.1:1;
   				i. Any violation of &#xA7; 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2,
   or 18.2-433.2; or
   				j. Any violation of subdivision E 2 of &#xA7; 40.1-29.
   				The earning of sentence credits shall be conditioned, in part, upon full
   participation in and cooperation with programs to which a person is assigned
   pursuant to &#xA7; 53.1-32.1.

B. For any offense other than those enumerated in subsection A for which
sentence credits may be earned, earned sentence credits shall be awarded and
calculated using the following four-level classification system:

   1. Level I. For persons receiving Level I sentence credits, 15 days shall be
   deducted from the person&#8217;s sentence for every 30 days served. Level I
   sentence credits shall be awarded to persons who participate in and cooperate
   with all programs to which the person is assigned pursuant to &#xA7; 53.1-32.1
   and who have no more than one minor correctional infraction and no serious
   correctional infractions as established by the Department&#8217;s policies or
   procedures.

   2. Level II. For persons receiving Level II sentence credits, 7.5 days shall
   be deducted from the person&#8217;s sentence for every 30 days served. Level
   II sentence credits shall be awarded to persons who participate in and
   cooperate with all programs, job assignments, and educational curriculums to
   which the person is assigned pursuant to &#xA7; 53.1-32.1, but who require
   improvement in not more than one area as established by the Department&#8217;s
   policies or procedures.

   3. Level III. For persons receiving Level III sentence credits, 3.5 days shall
   be deducted from the person&#8217;s sentence for every 30 days served. Level
   III sentence credits shall be awarded to persons who participate in and
   cooperate with all programs, job assignments, and educational curriculums to
   which the person is assigned pursuant to &#xA7; 53.1-32.1, but who require
   significant improvement in two or more areas as established by the
   Department&#8217;s policies or procedures.

   4. Level IV. No sentence credits shall be awarded to persons classified in
   Level IV. A person will be classified in Level IV if that person willfully
   fails to participate in or cooperate with all programs, job assignments, and
   educational curriculums to which the person is assigned pursuant to &#xA7;
   53.1-32.1 or that person causes substantial security or operational problems
   at the correctional facility as established by the Department&#8217;s policies
   or procedures.

C. A person&#8217;s classification level under subsection B shall be reviewed at
least once annually, and the classification level may be adjusted based upon
that person&#8217;s participation in and cooperation with programs, job
assignments, and educational curriculums assigned pursuant to &#xA7; 53.1-32.1.
A person&#8217;s classification and calculation of earned sentence credits shall
not be lowered or withheld due to a lack of programming, educational, or
employment opportunities at the correctional facility at which the person is
confined. Records from this review, including an explanation of the reasons why
a person&#8217;s classification level was or was not adjusted, shall be
maintained in the person&#8217;s correctional file.

D. A person&#8217;s classification level under subsection B may be immediately
reviewed and adjusted following removal from a program, job assignment, or
educational curriculum that was assigned pursuant to &#xA7; 53.1-32.1 for
disciplinary or noncompliance reasons.

E. A person may appeal a reclassification determination under subsection C or D
in the manner set forth in the grievance procedure established by the Director
pursuant to his powers and duties as set forth in &#xA7; 53.1-10.

F. For a juvenile sentenced to serve a portion of his sentence as a serious
juvenile offender under &#xA7; 16.1-285.1, consideration for earning sentence
credits shall be conditioned, in part, upon full participation in and
cooperation with programs afforded to the juvenile during that portion of the
sentence. The Department of Juvenile Justice shall provide a report that
describes the juvenile&#8217;s adherence to the facility&#8217;s rules and the
juvenile&#8217;s progress toward treatment goals and objectives while sentenced
as a serious juvenile offender under &#xA7; 16.1-285.1.

G. Notwithstanding any other provision of law, no portion of any sentence
credits earned shall be applied to reduce the period of time a person must serve
before becoming eligible for parole upon any sentence.

HISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 2008, c. 517; 2020, Sp. Sess. I, cc. 50,
52; 2021, Sp. Sess. I, c. 389; 2024, cc. 161, 162.