A. The jailer shall keep a (i) record describing each person committed to jail, the terms of confinement, for what offense or cause he was committed, and when received into jail; (ii) record of each prisoner; and (iii) written policy stating the criteria for and conditions of earned credit in the facility and the revocation of such credit.
Unless he is serving a mandatory minimum sentence of confinement, each prisoner sentenced to 12 months or less for a misdemeanor or any combination of misdemeanors shall earn good conduct credit at the rate of one day for each one day served, including all days served while confined in jail prior to conviction and sentencing, in which the prisoner has not violated the written rules and regulations of the jail.
Prisoners eligible for parole under § 53.1-151, 53.1-152 or 53.1-153 shall earn good conduct credit at a rate of 15 days for each 30 days served with satisfactory conduct.
The jailer may grant the prisoner additional credits for performance of institutional work assignments, participation in classes, or participation in local work force programs, if available at the facility, at the rate of five days for every 30 days served. The time so deducted shall be allowed to each prisoner for such time as he is confined in jail. It shall be the responsibility of the jailer in each facility to determine the manner in which these additional credits may be awarded and to include this information in the written policy mandated by clause (iii) of this subsection.
For each violation of the rules prescribed herein, the time so deducted shall be added until it equals the full sentence imposed upon the prisoner by the court.
However, any prisoner committed to jail upon a felony offense committed on or after January 1, 1995, shall not earn good conduct credit, sentence credit, earned sentence credit, other credit, or a combination of any credits in excess of that permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title. So much of an order of any court contrary to the provisions of this section shall be deemed null and void.
B. Notwithstanding the provisions of § 19.2-350, in the event a person who was committed to jail to be therein confined until he pays a fine imposed on him by the court in which he was tried should desire to pay such fine and costs, he may pay the same to the person in charge of the jail. The person receiving such moneys shall execute and deliver an official receipt therefor and shall promptly transmit the amount so paid to the clerk of the court which imposed the fine and costs. Such clerk shall give him an official receipt therefor and shall properly record the receipt of such moneys.
C. The administrator of a local or regional jail shall not assign a person to a home/electronic incarceration program pursuant to subsection E of § 53.1-131.2 in a locality which has a jail operated by a sheriff, without the consent of the sheriff.
Code 1950, § 53-151; 1952, c. 218; 1972, c. 293; 1981, c. 278; 1982, c. 636; 1983, c. 561; 1984, c. 643; 1990, c. 934; 1994, 2nd Sp. Sess., cc. 1, 2; 1996, c. 556; 1998, c. 776; 1999, cc. 951, 1007; 2003, cc. 818, 820; 2004, cc. 400, 461; 2011, c. 491; 2026, c. 1073.
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 1985–2025 · leading case:
Brown v. Mitchell, 308 F. Supp. 2d 682 (E.D. Va. 2004).
Brown v. Mitchell, 308 F. Supp. 2d 682 (E.D. Va. 2004).
· cites it 11× “706, 707 (1901) (emphasis added); see also Va.Code Ann. § 53.1-116 et seq. As explained quite fully in May v.”
Brown v. Mitchell, 327 F. Supp. 2d 615 (E.D. Va. 2004).
· cites it 4× “2-1609, constitutional officers separate and distinct from the localities in which they serve, Va.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
· cites it 2× “461, at 689; Code § 53.1-116. According to the legislative summary accompanying House Bill 1059, the amendments set forth in House Bill 1059 were enacted in response to recommendations by the Virginia State Crime Commission based on its study of Title 18.”
Woodson v. City of Richmond, 88 F. Supp. 3d 551 (E.D. Va. 2015).
· cites it 4× “Va.Code Ann. § 53.1-116 et seq. During the July 2012 heat wave, Wood-son was housed on the Medical Tier of the Jail.”
Commonwealth v. Bertini, 68 Va. Cir. 255 (Fairfax Cir. Ct. 2005).
· cites it 9× “Conversely, Va. Code § 53.1-116 precludes a judge from granting sentence credits not authorized under Article 4, Chapter 6, of Title 53.”
Skillings v. Knott, 251 F. Supp. 3d 998 (E.D. Va. 2017).
· cites it 2× “” Va. Code Ann. § 53.1-116 . . Although the Complaint also implicates Judge Sharrett and the Clerk of Court in their individual capacities, the claims focus solely on decisions made in the Judge’s official capacity and actions taken to facilitate his orders.”
Verry v. Barry, 71 Va. Cir. 318 (Fairfax Cir. Ct. 2006).
· cites it 6× “A sheriffs duties are outlined in Va. Code §§53.1-116 through 53.1-127.1. These duties include keeping records of prisoners received in the jail; reporting to the Department of Corrections; purchasing food, clothing, and medicine for jail prisoners; and acting as the “keeper” of…”
Roberts v. City of Alexandria, 431 S.E.2d 275 (Va. 1993).
“According to the evidence, the funding for the Sheriffs operation of the jail is provided, in part, from the City’s general fund revenues.”
Small v. Jackson, 4 Va. Cir. 262 (Richmond County Cir. Ct. 1985).
“These duties include, according to their respective statutory bases, keeping records of prisoners in the jail, reporting to the Department of Corrections the number of prisoners received in the jail, and purchasing food, clothing and medicine for *265 jail prisoners, Sections…”
Commonwealth v. Carter, 93 Va. Cir. 129 (Fairfax Cir. Ct. 2016).
· cites it 6× “They are Commonwealth Exhibit 1 (a copy of the Virginia Code § 53.1-116) and Commonwealth Exhibit 2 (the Fairfax Sheriff’s written policy regarding jail credit).”
Eva Carol Belcher v. Commonwealth of Virginia (Va. Ct. App. 2022).
· cites it 4× “A criminal defendant has a far more generous opportunity to earn credits allowing for early release on sentences of twelve months or less under Code § 53.1-116(A) than under Code - 19 - § 53.”
— Va. Code Ann. § 53.1-116(A) — 2 cases
Commonwealth v. Bertini, 68 Va. Cir. 255 (Fairfax Cir. Ct. 2005).
“Conversely, Va. Code § 53.1-116 precludes a judge from granting sentence credits not authorized under Article 4, Chapter 6, of Title 53.”
Eva Carol Belcher v. Commonwealth of Virginia (Va. Ct. App. 2022).
“A criminal defendant has a far more generous opportunity to earn credits allowing for early release on sentences of twelve months or less under Code § 53.1-116(A) than under Code - 19 - § 53.”
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