2022 Earned Sentence Credits

CREDITS BILL - 2022

PASSED

HB 502 Credit for time spent in confinement while awaiting trial; separate, dismissed, or nolle prosequi
Introduced by: Michael P. Mullin [D]
Credit for time spent in confinement while awaiting trial; separate, dismissed, or nolle prosequi charges. Provides that credit for time spent in confinement while awaiting trial 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. This bill is a recommendation of the Virginia Criminal Justice Conference.

04/11/22 Governor: Approved by Governor-Chapter 399 (effective 7/1/22)

View bill here.

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DID NOT PASS

HB 25 Earned sentence credits; possession of child pornography. FAILED

Introduced by: Timothy V. Anderson [R]

Earned sentence credits; possession of child pornography. Excludes a first offense for the crime of possession of child pornography from the crimes that will eligible for enhanced sentencing credits effective July 1, 2022.

01/31/22 House: Subcommittee recommends reporting (7-Y 1-N)

02/09/22 House: Reported from Appropriations (22-Y 0-N)

02/15/22 House: VOTE: Passage (68-Y 32-N)

02/16/22 Senate: Referred to Committee on the Judiciary

02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)

View bill here.

HB 549 Department of Corrections; earned sentence credits; robbery. FAILED
Introduced by: Don L. Scott [D]
Department of Corrections; earned sentence credits; robbery. Specifies that any person serving a sentence on a Class 2 felony for committing robbery and causing serious bodily injury to or the death of any other person is subject to a maximum 4.5 earned sentence credits for each 30 days served. Consequently, a person serving a sentence on a robbery that is a Class 3, Class 5, or Class 6 felony is not subject to the maximum 4.5 earned sentence credits and may be eligible for the four-level classification system for the awarding and calculation of earned sentence credits to become effective on July 1, 2022. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2022, and was (i) convicted of robbery, as such crime was in effect prior to July 1, 2021, provided that such person, during the commission of such robbery, did not cause serious bodily injury to or the death of another person or (ii) convicted of robbery punishable as a Class 3, Class 5, or Class 6 felony on or after July 1, 2021.
01/11/22 House: Referred to Committee for Courts of Justice

02/15/22 House: Left in Courts of Justice

View bill here.

HB 735 Department of Corrections; earned sentence credits. FAILED.
Introduced by: Robert B. Bell [R]
Department of Corrections; earned sentence credits. Repeals the four-level classification system for the awarding and calculation of earned sentence credits currently set to go into effect on July 1, 2022. Under current law, a maximum of 4.5 sentence credits may be earned for each 30 days served.
01/31/22 House: Subcommittee recommends reporting (5-Y 3-N)

02/09/22 House: Reported from Appropriations (12-Y 10-N)

02/15/22 House: VOTE: Passage (51-Y 49-N)

02/16/22 Senate: Constitutional reading dispensed
02/16/22 Senate: Referred to Committee on Rehabilitation and Social Services

02/25/22 Senate: Rereferred from Rehabilitation and Social Services (8-Y 5-N)
02/25/22 Senate: Rereferred to Judiciary

02/28/22 Senate: Reported from Judiciary with substitute (10-Y 5-N)
03/03/22 Senate: Passed by indefinitely in Finance and Appropriations (11-Y 4-N)

View bill here.

HB 1118 Earned sentence credits. STRICKEN FROM DOCKET
Introduced by: Don L. Scott [D]

Earned sentence credits. Provides that sentence credits may be earned by any person committed to the custody of the Department of Corrections (the Department), regardless of whether the person is confined in a state or local correctional facility. The bill allows inmates to earn more than 4.5 sentence credits for each 30 days served on a sentence for a conviction of robbery or carjacking, provided that the inmate did not use a weapon or threaten or harm another person during the commission of the offense. The bill allows inmates to earn enhanced sentence credits for consecutive sentences served after the completion of any offense that would otherwise limit the inmate to earning 4.5 sentence credits for each 30 days served. The bill allows an inmate to earn Level I sentence credits if, provided certain other requirements are met, the inmate had no more than one minor correctional infraction and no serious correctional infractions within the previous 12 months. The bill directs the Department to establish a program that allows victims to advocate on behalf of an inmate for reclassification of the inmate's sentence credits. The bill provides that the earned sentence credit provisions of § 53.1-202.3 of the Code of Virginia, which would become effective on July 1, 2022, shall apply retroactively to the entire sentence of any person who is committed to the custody of the Department and is participating in the earned sentence credit program on July 1, 2022. The bill requires the Department, among other things, to provide notice to inmates regarding sentence credit adjustments and an adjusted release date by July 1, 2022, and establish a process through which inmates may appeal the Department's determinations regarding sentence credit adjustments.
01/28/22 House: Stricken from docket by Courts of Justice (18-Y 0-N)

View bill here.

SB 578 Department of Corrections; earned sentence credits (FAILED)
Introduced by: Ryan T. McDougle [R]
Department of Corrections; earned sentence credits. Repeals the four-level classification system for the awarding and calculation of earned sentence credits currently set to go into effect on July 1, 2022. Under current law, a maximum of 4.5 sentence credits may be earned for each 30 days served.
01/21/22 Senate: Passed by indefinitely in Rehabilitation and Social Services (8-Y 7-N)

View bill here.