Virginia 2025 Regular Session

Virginia House Bill HB1773 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 SESSION
2	2
3	3	INTRODUCED
4	4
5	5	25101079D
6	6
7	7	HOUSE BILL NO. 1773
8	8
9	9	Offered January 8, 2025
10	10
11	11	Prefiled January 6, 2025
12	12
13	13	A BILL to amend and reenact 53.1-202.3 of the Code of Virginia, relating to enhanced earned sentence credits; exemptions; firearm-related offense; felony conviction while a prisoner.
14	14
15	15
16	16
17	17	PatronWyatt
18	18
19	19
20	20
21	21	Committee Referral Pending
22	22
23	23
24	24
25	25	Be it enacted by the General Assembly of Virginia:
26	26
27	27	1. That 53.1-202.3 of the Code of Virginia is amended and reenacted as follows:
28	28
29	29	53.1-202.3. Rate at which sentence credits may be earned; prerequisites.
30	30
31	31	A. A maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence for a conviction for any offense of:
32	32
33	33	1. A Class 1 felony;
34	34
35	35	2. Solicitation to commit murder under 18.2-29 or any violation of 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33;
36	36
37	37	3. Any violation of 18.2-40 or 18.2-45;
38	38
39	39	4. Any violation of subsection A of 18.2-46.5, of subsection D of 18.2-46.5 if the death of any person results from providing any material support, or of subsection A of 18.2-46.6;
40	40
41	41	5. Any kidnapping or abduction felony under Article 3 ( 18.2-47 et seq.) of Chapter 4 of Title 18.2;
42	42
43	43	6. Any malicious felonious assault or malicious bodily wounding under Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of 18.2-51.6 or 18.2-51.7, or any felony violation of 18.2-57.2;
44	44
45	45	7. Any felony violation of 18.2-60.3;
46	46
47	47	8. Any felony violation of 16.1-253.2 or 18.2-60.4;
48	48
49	49	9. Robbery under 18.2-58 or carjacking under 18.2-58.1;
50	50
51	51	10. Criminal sexual assault punishable as a felony under Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2;
52	52
53	53	11. Any violation of 18.2-90;
54	54
55	55	12. Any violation of 18.2-289 or subsection A of 18.2-300;
56	56
57	57	13. Any felony offense in Article 3 ( 18.2-346 et seq.) of Chapter 8 of Title 18.2;
58	58
59	59	14. 13. Any felony offense in Article 4 ( 18.2-362 et seq.) of Chapter 8 of Title 18.2, except for a violation of 18.2-362 or subsection B or C of 18.2-371.1;
60	60
61	61	15. 14. Any felony offense in Article 5 ( 18.2-372 et seq.) of Chapter 8 of Title 18.2, except for a violation of subsection A of 18.2-374.1:1;
62	62
63	63	16. 15. Any violation of subsection F of 3.2-6570, any felony violation of 18.2-128, or any violation of 18.2-481, 37.2-917, 37.2-918, 40.1-100.2, or 40.1-103; or
64	64
65	65	17. 16. A second or subsequent violation of the following offenses, in any combination, when such offenses were not part of a common act, transaction, or scheme and such person has been at liberty as defined in 53.1-151 between each conviction:
66	66
67	67	a. Any felony violation of 3.2-6571;
68	68
69	69	b. Voluntary manslaughter under Article 1 ( 18.2-30 et seq.) of Chapter 4 of Title 18.2;
70	70
71	71	c. Any violation of 18.2-41 or felony violation of 18.2-42.1;
72	72
73	73	d. Any violation of subsection B, C, or D of 18.2-46.5 or 18.2-46.7;
74	74
75	75	e. Any violation of 18.2-51 when done unlawfully but not maliciously, 18.2-51.1 when done unlawfully but not maliciously, or 18.2-54.1 or 18.2-54.2;
76	76
77	77	f. Arson in violation of 18.2-77 when the structure burned was occupied or a Class 3 felony violation of 18.2-79;
78	78
79	79	g. Any violation of 18.2-89 or 18.2-92;
80	80
81	81	h. Any violation of subsection A of 18.2-374.1:1;
82	82
83	83	i. Any violation of 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; or
84	84
85	85	j. Any violation of subdivision E 2 of 40.1-29;
86	86
87	87	17. Any violation of 18.2-53.1, clause (iii) of subsection A of 18.2-95, or 18.2-108.1, or any felony offense relating to the use or possession of a firearm under Article 4 ( 18.2-279 et seq.) of Chapter 7 of Title 18.2, except for a violation of 18.2-282.1, Article 5 ( 18.2-288 et seq.) of Chapter 7 of Title 18.2, Article 6 ( 18.2-299 et seq.) of Chapter 7 of Title 18.2, 18.2-308, or Article 7 ( 18.2-308.1 et seq.) of Chapter 7 of Title 18.2; or
88	88
89	89	18. Any felony conviction for an offense that occurred while a prisoner in a local, state, or community correctional facility or in the custody of an employee thereof.
90	90
91	91	The earning of sentence credits shall be conditioned, in part, upon full participation in and cooperation with programs to which a person is assigned pursuant to 53.1-32.1.
92	92
93	93	B. For any offense other than those enumerated in subsection A for which sentence credits may be earned, earned sentence credits shall be awarded and calculated using the following four-level classification system:
94	94
95	95	1. Level I. For persons receiving Level I sentence credits, 15 days shall be deducted from the person's sentence for every 30 days served. Level I sentence credits shall be awarded to persons who participate in and cooperate with all programs to which the person is assigned pursuant to 53.1-32.1 and who have no more than one minor correctional infraction and no serious correctional infractions as established by the Department's policies or procedures.
96	96
97	97	2. Level II. For persons receiving Level II sentence credits, 7.5 days shall be deducted from the person's sentence for every 30 days served. Level II sentence credits shall be awarded to persons who participate in and cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to 53.1-32.1, but who require improvement in not more than one area as established by the Department's policies or procedures.
98	98
99	99	3. Level III. For persons receiving Level III sentence credits, 3.5 days shall be deducted from the person's sentence for every 30 days served. Level III sentence credits shall be awarded to persons who participate in and cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to 53.1-32.1, but who require significant improvement in two or more areas as established by the Department's policies or procedures.
100	100
101	101	4. Level IV. No sentence credits shall be awarded to persons classified in Level IV. A person will be classified in Level IV if that person (i) willfully fails to participate in or cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to 53.1-32.1 or that person; (ii) causes substantial security or operational problems at the correctional facility as established by the Department's policies or procedures; or (iii) receives a felony conviction for an offense that occurred while a prisoner in a local, state, or community correctional facility or in the custody of an employee thereof.
102	102
103	103	C. A person's classification level under subsection B shall be reviewed at least once annually, and the classification level may be adjusted based upon that person's participation in and cooperation with programs, job assignments, and educational curriculums assigned pursuant to 53.1-32.1. A person's classification and calculation of earned sentence credits shall not be lowered or withheld due to a lack of programming, educational, or employment opportunities at the correctional facility at which the person is confined. Records from this review, including an explanation of the reasons why a person's classification level was or was not adjusted, shall be maintained in the person's correctional file.
104	104
105	105	D. A person's classification level under subsection B may be immediately reviewed and adjusted following removal from a program, job assignment, or educational curriculum that was assigned pursuant to 53.1-32.1 for disciplinary or noncompliance reasons. Any person who receives a felony conviction for an offense that occurred while a prisoner in a local, state, or community correctional facility or in the custody of an employee thereof shall be classified in Level IV and shall not receive any further earned sentence credits for the sentence or sentences that such prisoner is serving at the time of such felony conviction.
106	106
107	107	E. A person may appeal a reclassification determination under subsection C or D in the manner set forth in the grievance procedure established by the Director pursuant to his powers and duties as set forth in 53.1-10.
108	108
109	109	F. For a juvenile sentenced to serve a portion of his sentence as a serious juvenile offender under 16.1-285.1, consideration for earning sentence credits shall be conditioned, in part, upon full participation in and cooperation with programs afforded to the juvenile during that portion of the sentence. The Department of Juvenile Justice shall provide a report that describes the juvenile's adherence to the facility's rules and the juvenile's progress toward treatment goals and objectives while sentenced as a serious juvenile offender under 16.1-285.1.
110	110
111	111	G. Notwithstanding any other provision of law, no portion of any sentence credits earned shall be applied to reduce the period of time a person must serve before becoming eligible for parole upon any sentence.
112	112
113	113	2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is at least $21,673,730 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.