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2000 SESSION
005819814Be it enacted by the General Assembly of Virginia:
1. That § 53.1-116 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-116. What records jailer shall keep; how time deducted or added; payment of fine and costs by person committed to jail until he pays.
A. The jailer shall keep a record describing each person committed to jail, the
terms of confinement, for what offense or cause he was committed, and when
received into jail. The jailer shall keep a record of each prisoner. Each
prisoner not eligible for parole under §§ 53.1-151, 53.1-152 or § 53.1-153
shall earn good conduct credit at the rate of one day for each one day served, including all
days served while confined in jail prior to conviction and sentencing, in which
the prisoner has not violated the written rules and regulations of the jail
unless a mandatory minimum sentence is imposed by law. Prisoners eligible for
parole under §§ 53.1-151, 53.1-152 or § 53.1-153 shall earn good conduct credit
at a rate of fifteen days for each thirty days served with satisfactory conduct. The jailer
may grant the any prisoner serving a sentence of twenty-four months or less
additional credit for performance of institutional work assignments or
participation in a local work force program established under § 53.1-128 at the
a rate of five days for every thirty days servednot to exceed the rate of one
day for each day served. The time so deducted shall be allowed to each prisoner
for such time as he is confined in jail. For each violation of the rules
prescribed herein, the time so deducted shall be added until it equals the full
sentence imposed upon the prisoner by the court. However, any prisoner
committed to jail upon a felony offense committed on or after January 1, 1995,
shall not earn good conduct credit, sentence credit, earned sentence credit,
other credit, or a combination of any credits in excess of that permissible
under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title. So much of
an order of any court contrary to the provisions of this section shall be deemed null and
void.
B. Notwithstanding the provisions of § 19.2-350, in the event a person who was committed to jail to be therein confined until he pays a fine imposed on him by the court in which he was tried should desire to pay such fine and costs, he may pay the same to the person in charge of the jail. The person receiving such moneys shall execute and deliver an official receipt therefor and shall promptly transmit the amount so paid to the clerk of the court which imposed the fine and costs. Such clerk shall give him an official receipt therefor and shall properly record the receipt of such moneys.
C. The administrator of a local or regional jail shall not assign a person to a home/electronic incarceration program pursuant to subsection C of § 53.1-131.2 in a locality which has a jail operated by a sheriff, without the consent of the sheriff.