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Bill > HB45


VA HB45

VA HB45
Earned sentence credits; incarceration prior to entry of final order of conviction.


summary

Introduced
12/21/2023
In Committee
03/04/2024
Crossed Over
03/08/2024
Passed
03/25/2024
Dead
Vetoed
04/17/2024

Introduced Session

Potential new amendment
2024 Regular Session

Bill Summary

Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits. Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits. The bill provides that the provisions shall apply retroactively to any person who is confined in any correctional facility on July 1, 2025, and if it is determined that, upon retroactive application of the provisions, the release date of any such person passed prior to the effective date of this act, the person shall be released upon approval of an appropriate release plan and within 60 days of such determination unless otherwise mandated by court order; however, no person shall have a claim for wrongful incarceration on the basis of such retroactive application. If a person is released prior to completion of any reentry programs deemed necessary by the Department of Corrections on the person's most recent annual review or prior to completion of any programs mandated by court order, the person shall be required to complete such programs under probation, provided probation is mandated by the court and current community resources are sufficient to facilitate completion of the aforementioned programs. The bill has a delayed effective date of July 1, 2025.

AI Summary

This bill amends the Code of Virginia to provide that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense for which they were held, deducted from their term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating their earned sentence credits. The provisions of the bill will apply retroactively to any person who is confined in any correctional facility on July 1, 2025, and if their release date has already passed, they shall be released within 60 days unless otherwise mandated by a court order. However, no person shall have a claim for wrongful incarceration on the basis of this retroactive application. The bill has a delayed effective date of July 1, 2025.

Committee Categories

Budget and Finance, Justice

Sponsors (17)

Last Action

House sustained Governor's veto (on 04/17/2024)

bill text


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