Virginia Code

Va. Code Ann. § 53.1-202 (2026)

Good conduct allowance for previous confinement; entry level

✓ current as of May 2026
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Upon receipt by the Department, persons who have been confined while awaiting transfer to a state correctional facility shall be credited with such time as is certified to the Department in accordance with §§ 53.1-116 and 53.1-129 and as is otherwise provided by law. Certified good conduct allowance shall be applied to reduce the person's maximum term of confinement, and one-half of such credit shall be applied to reduce the period of time the person shall serve before being eligible for parole.

After admission to a state correctional facility, a person shall be credited at the rate of fifteen days for each thirty days of time served with satisfactory conduct. The person shall remain in this credit level until classified in accordance with § 53.1-201.

Code 1950, § 53-209.5; 1981, c. 392; 1982, c. 636.

Notes of Decisions
Cited in 8 cases (7 in the last 5 years), 2019–2025 · leading case: Firewalker-Fields v. Commonwealth of Virginia (W.D. Va. 2022).
Robert Anthony Tyler Martinez v. Commonwealth of Virginia (Va. Ct. App. 2019). · cites it 2× “The July 26, 2018 order also clarified that appellant did not qualify under Code § 53.1-202(B) to receive credit for time served in DJJ.”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “clarified that appellant did not qualify under Code § 53.1-202(B) to receive credit for time served in DJJ.”
Firewalker-Fields v. Commonwealth of Virginia (W.D. Va. 2022). · cites it 2× “See Va. Code Ann. §§ 53.1-202 .2–53.1-202.4. The system applies to any state inmate who was “convicted of a felony offense committed on or after January 1, 1995.”
Hoglan v. Youngkin (W.D. Va. 2022). · cites it 2× “See Va. Code Ann. §§ 53.1-202 .2–53.1-202.4. The system applies to any state inmate who was “convicted of a felony offense committed on or after January 1, 1995.”
Wimbush v. Youngkin (W.D. Va. 2023). · cites it 2× “See Va. Code Ann. §§ 53.1-202 .2–53.1-202.4. The system applies to any state inmate who was “convicted of a felony offense committed on or after January 1, 1995.”
Wimbush v. Youngkin (W.D. Va. 2023). · cites it 2× “See Va. Code Ann. §§ 53.1-202 .2–53.1-202.4. The system applies to any state inmate who was “convicted of a felony offense committed on or after January 1, 1995.”
Hoglan v. Youngkin (W.D. Va. 2023). · cites it 2× “See Va. Code Ann. §§ 53.1-202 .2–53.1-202.4. The system allows inmates to earn sentence credits “through adherence to rules prescribed pursuant to § 53.”
Dudley v. Dotson (E.D. Va. 2025). · cites it 2× “Regardless of the amendment, budget item revision, and subsequent lapse of the budget item revision to the ESC system, Dudley’s sentence for first-degree murder in violation of Virginia Code § 18.”
Va. Code Ann. § 53.1-202(B): 2 cases
Robert Anthony Tyler Martinez v. Commonwealth of Virginia (Va. Ct. App. 2019). “The July 26, 2018 order also clarified that appellant did not qualify under Code § 53.1-202(B) to receive credit for time served in DJJ.”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024). “clarified that appellant did not qualify under Code § 53.1-202(B) to receive credit for time served in DJJ.”
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