Virginia SB 476: Earned sentence credits; inchoate offenses, concurrent and consecutive sentences.

Bill Text

2024SESSION
INTRODUCED
24104444D
1 SENATEBILLNO.476
2 OfferedJanuary10,2024
3 PrefiledJanuary9,2024
4 A BILL to amend and reenact § 53.1-202.3 of the Code of Virginia, relating to earned sentence credits;
5 inchoate offenses; concurrent and consecutive sentences.
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Patron––Peake
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8 ReferredtoCommitteeonRehabilitationandSocialServices
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §53.1-202.3 of the Code of Virginia is amended and reenacted as follows:
12 §53.1-202.3. Rate at which sentence credits may be earned; prerequisites.
13 A. A maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence for, or
14 any sentence that is concurrent with or consecutive to a sentence for, a conviction for any offense of,
15 including attempts, conspiracies, or solicitations to commit any offense of:
16 1. A Any Class 1 felony;
17 2. Solicitation to commit murder under § 18.2-29 or any violation of § 18.2-31, 18.2-32, 18.2-32.1,
18 18.2-32.2, or 18.2-33;
19 3. Any violation of §18.2-40 or 18.2-45;
20 4. Any violation of subsection A of § 18.2-46.5, of subsection D of § 18.2-46.5 if the death of any
21 person results from providing any material support, or of subsection A of §18.2-46.6;
22 5. Any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title
23 18.2;
24 6. Any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.)
25 of Chapter 4 of Title 18.2, any violation of § 18.2-51.6 or 18.2-51.7, or any felony violation of
26 §18.2-57.2;
27 7. Any felony violation of §18.2-60.3;
28 8. Any felony violation of §16.1-253.2 or 18.2-60.4;
29 9. Robbery under §18.2-58 or carjacking under §18.2-58.1;
30 10. Criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of
31 Title 18.2;
32 11. Any violation of §18.2-90;
33 12. Any violation of §18.2-289 or subsection A of §18.2-300;
34 13. Any felony offense in Article 3 (§18.2-346 et seq.) of Chapter 8 of Title 18.2;
35 14. Any felony offense in Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, except for a
36 violation of §18.2-362 or subsection B of §18.2-371.1;
37 15. Any felony offense in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, except for a
38 violation of subsection A of § 18.2-374.1:1;
39 16. Any violation of subsection F of § 3.2-6570, any felony violation of § 18.2-128, or any violation
40 of §18.2-481, 37.2-917, 37.2-918, 40.1-100.2, or 40.1-103; or
41 17. A second or subsequent violation of the following offenses, in any combination, when such
42 offenses were not part of a common act, transaction, or scheme and such person has been at liberty as
43 defined in § 53.1-151 between each conviction:
44 a. Any felony violation of §3.2-6571;
45 b. Voluntary manslaughter under Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2;
46 c. Any violation of §18.2-41 or felony violation of § 18.2-42.1;
47 d. Any violation of subsection B, C, or D of §18.2-46.5 or § 18.2-46.7;
48 e. Any violation of § 18.2-51 when done unlawfully but not maliciously, § 18.2-51.1 when done
49 unlawfully but not maliciously, or § 18.2-54.1 or 18.2-54.2;
50 f. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony
51 violation of §18.2-79;
52 g. Any violation of §18.2-89 or 18.2-92;
53 h. Any violation of subsection A of §18.2-374.1:1;
54 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
55 j. Any violation of subdivision E 2 of §40.1-29.
56 The earning of sentence credits shall be conditioned, in part, upon full participation in and
57 cooperation with programs to which a person is assigned pursuant to §53.1-32.1.
58 B. For any offense other than those enumerated in subsection A for which sentence credits may be
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59 earned, earned sentence credits shall be awarded and calculated using the following four-level
60 classification system:
61 1. Level I. For persons receiving Level I sentence credits, 15 days shall be deducted from the
62 person's sentence for every 30 days served. Level I sentence credits shall be awarded to persons who
63 participate in and cooperate with all programs to which the person is assigned pursuant to § 53.1-32.1
64 and who have no more than one minor correctional infraction and no serious correctional infractions as
65 established by the Department's policies or procedures.
66 2. Level II. For persons receiving Level II sentence credits, 7.5 days shall be deducted from the
67 person's sentence for every 30 days served. Level II sentence credits shall be awarded to persons who
68 participate in and cooperate with all programs, job assignments, and educational curriculums to which
69 the person is assigned pursuant to § 53.1-32.1, but who require improvement in not more than one area
70 as established by the Department's policies or procedures.
71 3. Level II