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VA HB361

VA HB361
Earned sentence credits; incarceration while awaiting trial or pending an appeal, effective date.


summary

Introduced
01/12/2026
In Committee
03/04/2026
Crossed Over
03/14/2026
Passed
04/13/2026
Dead
Signed/Enacted/Adopted
04/13/2026

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill Summary

Earned sentence credits; incarceration while awaiting trial or pending an appeal. Provides that a person's eligibility for earned sentence credits includes any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility awaiting trial or pending an appeal that was deducted from such person's term of incarceration or detention. The bill provides that the provisions apply retroactively to any person who is confined in any state or local correctional facility on July 1, 2028. The bill has a delayed effective date of July 1, 2028.

AI Summary

This bill expands eligibility for earned sentence credits, which are deductions from a person's prison or detention time earned through good behavior, program participation, or other requirements, to include time spent incarcerated while awaiting trial or pending an appeal. This means that individuals will now receive credit for all periods of confinement, including time spent in state or local correctional facilities, state hospitals, or juvenile detention facilities, that were previously deducted from their sentence. The bill also makes these changes retroactive, applying to anyone confined in a state or local correctional facility on July 1, 2028, and specifies that if this retroactive application results in an earlier release date, the person will be released within 60 days of that determination, provided they have an approved release plan if required, and may be required to complete reentry or court-mandated programs under probation if community resources allow.

Committee Categories

Budget and Finance, Justice

Sponsors (3)

Last Action

Approved by Governor-Chapter 596 (effective 7/1/2026) (on 04/13/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB361
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB361) https://lis.blob.core.windows.net/files/1215057.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB361/text/HB361ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB361) https://lis.blob.core.windows.net/files/1213136.PDF
Conference Report HB361 https://lis.virginia.gov/bill-details/20261/HB361/text/HB361AC
BillText https://lis.virginia.gov/bill-details/20261/HB361/text/HB361S1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB361) https://lis.blob.core.windows.net/files/1169171.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB361/text/HB361E
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB361) https://lis.blob.core.windows.net/files/1113878.PDF
Courts of Justice Amendment https://lis.virginia.gov/bill-details/20261/HB361/text/HB361AH1
Criminal Subcommittee Amendment https://lis.virginia.gov/bill-details/20261/HB361/text/HB361AHC2
Courts of Justice Amendment https://lis.virginia.gov/bill-details/20261/HB361/text/HB361AHC1
BillText https://lis.virginia.gov/bill-details/20261/HB361/text/HB361
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