Every person who, on or after July 1, 1981, has been convicted of a felony and every person convicted of a misdemeanor and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, and every person who, in accordance with § 53.1-198, chooses the system of good conduct allowances set out herein, may be entitled to good conduct allowance not to exceed the amount set forth in § 53.1-201. Such good conduct allowance shall be applied to reduce the person's maximum term of confinement while he is confined in any state correctional facility. One-half of the credit allowed under the provisions of § 53.1-201 shall be applied to reduce the period of time a person shall serve before being eligible for parole.
Any person who, on or after July 1, 1993, has been sentenced upon a conviction of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and any person who has been sentenced to a term of life imprisonment or two or more life sentences shall be classified within the system established by § 53.1-201. Such person shall be eligible for no more than ten days good conduct credit for each thirty days served, regardless of the class to which he is assigned. One-half of such credit shall be applied to reduce the period of time he shall serve before being eligible for parole. Additional good conduct credits may be approved by the Director for such persons in accordance with § 53.1-191.
Code 1950, § 53-209.2; 1981, c. 392; 1982, c. 636; 1993, c. 491; 2020, c. 759.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1993–2024 · leading case:
James v. Robinson, 863 F. Supp. 275 (E.D. Va. 1994).
James v. Robinson, 863 F. Supp. 275 (E.D. Va. 1994).
· cites it 6× “See Va.Code § 53.1-199 (Michie Supp.1994). The amount of earned GCA is used to reduce the actual term of confinement and % of the GCA is applied to reduce the minimum time before eligibility for parole.”
Mills v. Holmes, 95 F. Supp. 3d 924 (E.D. Va. 2015).
· cites it 2× “Virginia Code § 53.1-199 simply states that inmates “may be entitled to good conduct allowance” as set forth in § 53.”
Brown-El v. Virginia Parole Bd., 948 F. Supp. 558 (E.D. Va. 1996).
· cites it 9× “Va.Code § 53.1-199. On April 24, 1995, the VPB released petitioner on mandatory parole.”
Ewell v. Murray, 813 F. Supp. 1180 (W.D. Va. 1993).
· cites it 2× “0, however, states “that each inmate shall be given the opportunity to earn Good Conduct Allowance (GCA) based on his individual adjustment and performance in accordance with this procedure.”
Woodley v. Departmentt of Corr., 74 F. Supp. 2d 623 (E.D. Va. 1999).
· cites it 3× “” Va.Code § 53.1-199 (Michie 1998). 3 . By statute, every prisoner must be released six months prior to his final discharge date and must serve a minimum of six months on parole.”
Holmes v. Cooper, 872 F. Supp. 298 (W.D. Va. 1995).
· cites it 2× “These credits are then applied to reduce both an inmate’s maximum term of confinement and the time he must serve before he is eligible for parole.”
Patterson v. Youngkin (E.D. Va. 2024).
· cites it 6× “Under Va. Code Ann. §§ 53.1-199 & 53.1-201(1), Plaintiff was mandated to surrender one-half of all of his earned & worked for good-time credits, to reduce the period of time he will have to serve in prison before becoming parole eligible.”
Berry v. Virginia Dep't of Corr. (E.D. Va. 2024).
· cites it 4× “A, Claim I In the first part of Claim 1, Berry alleges that the VDOC violated his rights under Code § 53.1-199 by aggregating his sentences into a forty-year aggregate term of confinement.”
Brown v. Brown (E.D. Va. 2020).
· cites it 2× “To the contrary, he received all the good time credits he was entitled to pursuant to Virginia Code § 53.1-199 and these credits were then fully “used up” to allow petitioner’s early release.”
Perry v. Dobyns (E.D. Va. 2020).
· cites it 2× “3 (citing Va. Code Ann. § 53.1-199 ). VI. CONCLUSION Claim Two will be DISMISSED WITHOUT PREJUDICE because it is improperly joined.”
White v. Dir., Virginia Dep't of Corr., 105 F. Supp. 2d 515 (W.D. Va. 2000).
· cites it 4× “) and a prisoner’s good conduct allowance (GCA) (pursuant to Va.Code Ann. § 53.1-199 et seq.). Because petitioner does not contest his sentence, the undersigned focuses solely on petitioner’s history as it relates to parole and his GCA Petitioner was convicted on one count of…”
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