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1998 SESSION
980779825Patrons-- Davies, Almand, Christian, Darner, Deeds, Guest, Moran, Scott, Watts and Woodrum; Senators: Howell and Stolle
Be 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; however, any prisoner committed to jail upon a felony offense
committed on or after January 1, 1995, shall not earn any good conduct credit
except as hereinafter provided. 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 prisoner additional credit for performance of
institutional work assignments or participation in a local work force program
established under § 53.1-128 at the rate of five days for every thirty
days served. The time so deducted shall be allowed to each prisoner for such
time as he is confined in jail or assigned to a home/electronic
incarceration program pursuant to subsection [ A or
] C of § 53.1-131.2. 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. 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.