Virginia Code

Va. Code Ann. § 19.2-308.1 (2026)

When sentence may run concurrently with sentence in another jurisdiction

✓ current as of May 2026

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Notwithstanding any other provision of law, in the event that a person is convicted of a criminal offense in any court of this Commonwealth and such person has also been sentenced to imprisonment for a term of one year or more by a court of the United States, or any other state or territory, and, at the time of sentencing in this Commonwealth, is incarcerated in a federal or state penal institution, the court may order the sentence to run concurrently with the sentence imposed by such other court.

1977, c. 344.

Notes of Decisions

Cited in 8 cases, 1984–2020 · leading case: Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019).

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Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019). “1-159 (providing that “[e]very person who is sentenced and committed under the laws of the Commonwealth to the Department of Corrections or as provided for in - 13 - §§ 19.2-308.1, 53.1-152 or § 53.1-153 shall be released on parole .”

Rease v. Commonwealth, 316 S.E.2d 148 (Va. 1984). · cites it 2× “See Code § 19.2-308.1. He contends that such a delay thus can lengthen unjustly the term of incarceration.”

Rowe v. Grizzard, 591 F. Supp. 389 (E.D. Va. 1984). “Every person who is sentenced and committed under the laws of the Commonwealth to any State correctional institution or as provided for in § 19.2-308.1 shall be discharged on parole by the Virginia Parole Board when six months remain in the person’s sentence until his date of…”

Krawetz v. Murray, 742 F. Supp. 304 (E.D. Va. 1990). “Except as herein otherwise provided, every person convicted of a felony and sentenced and committed under the laws of this Commonwealth to the Department of Corrections or as provided for in § 19.2-308.1: *307 3. For the third time, shall eligible for parole after serving…”

James Burdine Scalf, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2008). · cites it 4× “However, the language of the statute does not demand that the court do so.”

Brown v. Brown (E.D. Va. 2020). “16 Virginia Code § 53.1-159 states, in pertinent part, that “Every person who is sentenced and committed under the laws of the Commonwealth to the Department of Corrections or as provided for in §§ 19.”

Murray v. Martinez, 361 S.E.2d 136 (Va. 1987). · cites it 2× “2-308 with Code § 19.2-308.1, enacted in 1977. Accordingly, we reverse the order granting the writ of habeas corpus and dismiss the petition.”

Johnson v. Virginia Parole Bd., 65 Va. Cir. 149 (Fairfax Cir. Ct. 2004). “1-136 and § 19.2-308.1. Johnson further asserts that he is being wrongfully detained because Respondent does not have discretion to reinstate previously earned Code ofVirginia § 53.”

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