HB1118:

Earned sentence credits; credits may be earned by any person committed to the custody of the DOC.

Bill Summary:

Earned sentence credits. Provides that sentence credits may be earned by any person committed to the custody of the Department of Corrections (the Department), regardless of whether the person is confined in a state or local correctional facility. The bill allows inmates to earn more than 4.5 sentence credits for each 30 days served on a sentence for a conviction of robbery or carjacking, provided that the inmate did not use a weapon or threaten or harm another person during the commission of the offense. The bill allows inmates to earn enhanced sentence credits for consecutive sentences served after the completion of any offense that would otherwise limit the inmate to earning 4.5 sentence credits for each 30 days served. The bill allows an inmate to earn Level I sentence credits if, provided certain other requirements are met, the inmate had no more than one minor correctional infraction and no serious correctional infractions within the previous 12 months. The bill directs the Department to establish a program that allows victims to advocate on behalf of an inmate for reclassification of the inmate's sentence credits. The bill provides that the earned sentence credit provisions of § 53.1-202.3 of the Code of Virginia, which would become effective on July 1, 2022, shall apply retroactively to the entire sentence of any person who is committed to the custody of the Department and is participating in the earned sentence credit program on July 1, 2022. The bill requires the Department, among other things, to provide notice to inmates regarding sentence credit adjustments and an adjusted release date by July 1, 2022, and establish a process through which inmates may appeal the Department's determinations regarding sentence credit adjustments.