Va. Code » Title 53.1. Prisons and Other Methods of Correction » Chapter 6. Commencement of Terms; Credits and Allowances » Article 4. Earned Sentence Credits for Persons Committed Upon Felony Offenses Committed
Virginia Code

Va. Code Ann. § 53.1-202.4 (2026)

Director to establish certain rules, criteria, etc

✓ current as of May 2026
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The Director shall:

1. Establish the criteria upon which a person shall be deemed to have earned sentence credits;

2. Establish the bases upon which earned sentence credits may be forfeited;

3. Establish the number of earned sentence credits which will be forfeited for violations of various (i) institutional rules, (ii) program participation requirements or (iii) other requirements for the retention of sentence credits; and

4. Establish such additional requirements for the earning of sentence credits as may be deemed advisable and as are consistent with the purposes of this article.

1994, 2nd Sp. Sess., cc. 1, 2; 2020, c. 759.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2000–2023 · leading case: Fishback v. Commonwealth, 532 S.E.2d 629 (Va. 2000).
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Fishback v. Commonwealth, 532 S.E.2d 629 (Va. 2000). · cites it 8× “In contrast, the Board of Corrections, pursuant to Code § 53.1-202.4, is required, *634 among other things, to establish the criteria upon which a person shall be deemed to have earned or forfeited sentence credits.”
Commonwealth v. Bertini, 68 Va. Cir. 255 (Fairfax Cir. Ct. 2005). · cites it 10× “In Va. Code § 53.1-202.4 of that article, the General Assembly explicitly empowered the Board of Corrections to establish the criteria, bases, and requirements for the imposition and forfeiture of sentence credits.”
Prease v. Clarke (Va. 2023). · cites it 6× “See Code § 53.1-202.4 (effective until July 1, 2022) (stating that VDOC shall (1) “[e]stablish the criteria upon which a person shall be deemed to have earned sentence credits;” (2) “[e]stablish the bases upon which earned sentence credits may be forfeited;” (3) “[e]stablish the…”
Garner v. Clarke (W.D. Va. 2019). · cites it 3× “Under the ESC system, an inmate may earn between zero and four and half days of sentence credits for every thirty days he has served, based upon the Class Level to which he is assigned.2 By statute, the Virginia Board of Corrections establishes “the criteria upon which a person…”
Garner v. Clarke (W.D. Va. 2021). · cites it 3× “” Va. Code § 53.1-202.4. When he began serving his sentence, Garner was initially assigned to Class Level 1, which resulted in a projected good-time release date of March 19, 2029.”
Baker v. Clarke (W.D. Va. 2020). “§ 53.1-202.4. According to Baker, VDOC Operating Procedure (“OP”) 830.”
Hoglan v. Youngkin (W.D. Va. 2022). “§ 53.1-202.4. enumerated in subsection A of § 53.”
— Va. Code Ann. § 53.1-202.4(3) — 1 case
Prease v. Clarke (Va. 2023). “See Code § 53.1-202.4 (effective until July 1, 2022) (stating that VDOC shall (1) “[e]stablish the criteria upon which a person shall be deemed to have earned sentence credits;” (2) “[e]stablish the bases upon which earned sentence credits may be forfeited;” (3) “[e]stablish the…”
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