Good conduct allowances shall be based upon a four-level classification system. Such system shall be established as follows:
1. Class I at a rate of thirty days credit for each thirty days served. Class I shall be reserved for persons whose initiative, conduct and performance in their assignments are exemplary. Consideration for Class I credit shall be given to persons who perform in assignments requiring a high degree of trust, extra long hours or specialized skills.
2. Class II at a rate of twenty days credit for each thirty days served. Class II shall be reserved for persons whose initiative, conduct and performance in their assignments are satisfactory. Consideration for Class II credit shall be given to persons who require moderate supervision in their assignments and whose assignments require responsibility in the care and maintenance of property.
3. Class III at a rate of ten days credit for each thirty days served. Class III shall be reserved for persons whose conduct and performance in their assignments are marginal. Persons requiring intensive supervision in their assignments and exhibiting minor disciplinary problems may be assigned to Class III.
4. Class IV at a rate of no credit for each thirty days served. Class IV shall be reserved for persons who are in isolation or segregation status for disciplinary or security reasons and persons whose conduct and performance in their assignments are so unsatisfactory as to eliminate consideration for good conduct allowance.
Persons may be reclassified for an increase or decrease in class according to rules and regulations established pursuant to § 53.1-200.
Code 1950, § 53-209.4; 1981, c. 392; 1982, c. 636.
Notes of Decisions
Cited in
14
cases (
6 in the last 5 years), 1993–2025 · leading case:
Mills v. Holmes, 95 F. Supp. 3d 924 (E.D. Va. 2015).
Mills v. Holmes, 95 F. Supp. 3d 924 (E.D. Va. 2015).
· cites it 4× “Va.Code § 53.1-201 (emphasis added). Thus, the next question is whether those regulations, promulgated as VDOC Operating Procedures, create a liberty interest.”
James v. Robinson, 863 F. Supp. 275 (E.D. Va. 1994).
· cites it 3× “See Va.Code § 53.1-201 (Michie 1988). 4 . The specific areas evaluated are: (1) personal conduct; (2) work and vocational assignments; (3) educational programs; (4) participation in treatment programs; and (5) number and severity of disciplinary infractions.”
Ewell v. Murray, 813 F. Supp. 1180 (W.D. Va. 1993).
· cites it 2× “” Virginia Code § 53.1-201 states that “[gjood conduct allowances shall be based upon a four-level classification system”, but provides that “[pjersons may be reclassified for an increase or decrease in class according to rules and regulations established pursuant to § 53.”
Brown-El v. Virginia Parole Bd., 948 F. Supp. 558 (E.D. Va. 1996).
· cites it 5× “The Virginia Code § 53.1-201 states that: Good conduct allowances shall be based upon a four-level classification system .”
Jennings v. Parole Bd. of Virginia, 61 F. Supp. 2d 462 (E.D. Va. 1999).
“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 [describing Virginia’s good conduct allowance system], Such person shall be eligible for no more than ten days good…”
Patterson v. Youngkin, No. 3:24-cv-00186 (E.D. Va. Oct. 2, 2024).
· cites it 4× “1-201 provides, reduces the period of the sentence towards mandatory release. at 15.) Patterson seemingly argues that even though he earns good-time credit at the highest level, Defendants have made these credits meaningless by not releasing him on parole.”
Lovings v. Court & Legal Dep't, No. 7:20-cv-00009 (W.D. Va. July 6, 2021).
· cites it 2× “” Va. Code Ann. § 53.1-201 (2021). The inmates receive credit for good conduct at the following rates: Class Level I “at a rate of thirty days credit for each thirty days served”; Class Level II “at a rate of twenty days credit for each thirty days served”; Class Level III “at a…”
Minter v. Bennett, No. 7:20-cv-00426 (W.D. Va. Nov. 5, 2021).
· cites it 2× “Mandatory parole (for pre-1995 convictions) directed that a prisoner be released six months before expiration of his total sentence, reduced by his earned “good-time credit.”
Herrington v. Dotson, No. 3:23-cv-00748 (E.D. Va. Jan. 2, 2025).
· cites it 2× “When Herrington finishes satisfying his ESC eligible sentences, he will begin serving his GCA eligible misdemeanor sentences in accordance with the rates set forth in Code § 53.1-201. All ESC credit, GCA credit, and jail credits are automatically factored into an inmate’s…”
Ciaravella v. Angelone, 42 Va. Cir. 64 (Loudoun Cir. Ct. 1997).
· cites it 4× “In March 1995, the petitioner had been assigned Class I status under § 53.1-201 for purposes of earning good conduct allowance credits.”
Amin v. Pruett, 930 F. Supp. 1121 (E.D. Va. 1996).
“, § 53.1-201. Amin appears to have chosen to participate in the latter program, and is in Class I, which provides 30 days credit for 30 days served.”
Va. Code Ann. § 53.1-201(1): 1 case
Patterson v. Youngkin, No. 3:24-cv-00186 (E.D. Va. Oct. 2, 2024).
“1-201 provides, reduces the period of the sentence towards mandatory release. at 15.) Patterson seemingly argues that even though he earns good-time credit at the highest level, Defendants have made these credits meaningless by not releasing him on parole.”
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