Vetoed by Governor Ralph Northam

Vote Smart's Synopsis:

Vote to adopt a conference report that establishes a 4-level classification system to award and calculate sentence credits.

Highlights:

• Establishes a 4-level classification system to award and calculate sentence credits as follows (Sec. 1):

• Level 1: 15 days are deducted from a person’s sentence for every 30 days served for persons participating in and cooperating with all programs to which they are assigned, and who have no more than 1 minor correctional infraction and no serious correctional infractions;

• Level 2: 7.5 days are deducted from a person’s sentence for every 30 days served for persons participating in and cooperating with programs to which they are assigned and who require improvement in not more than 1 area;

• Level 3: 3.5 days are deducted from the person’s sentence for every 30 days served for persons participating in and cooperating with all programs, job assignments, and education curriculums to which they are assigned and who require significant improvement in 2 or more areas; and

• Level 4: no sentence credits are awarded to persons who willfully fail to participate in or cooperate with all programs, job assignments, and educational curriculums to which they are assigned.

• Requires a person’s classification level to be reviewed at least once annually and requires a record of this review, including an explanation of the reasons why a person’s classification level was or was not adjusted, to be maintained in the person’s correctional file (Sec. 1).

• Authorizes persons to appeal a reclassification determination by the grievance procedure established by the director (Sec. 1).

• Limits the maximum amount of sentence credits that can be earned to 4.5 sentence credits for every 30 days served for offenses including, but not limited to (Sec. 1):

• A class 1 felony;

• Solicitation to commit murder;

• Kidnapping or abduction felony;

• Robbery or carjacking; or

• Criminal sexual assault punishable as a felony.

• Requires the Department of Corrections to convene a work group to study the impact of the sentence credit amendments by July 1, 2021, and report its findings and conclusions by December 1, 2022, including, but not limited to (Sec. 2):

• The state fiscal impact of the sentence credit amendments, including any cost savings realized by reducing the length of time spent by persons in state correctional facilities;

• The number of persons affected by the sentence credit amendments and the distribution of such persons among state correctional facilities; and 

• A detailed 6-year plan describing the estimated releases by facility under this act, accounting for any persons who will be transferred from jail, as well as persons who would be otherwise released in the covered years. 

• Specifies that these provisions become effective July 1, 2021, and apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2021 (Sec. 3-4).

• Requires any inmate, whose release date is determined to have passed upon retroactive application of this act, to be released within 60 days of the determination with an approved release plan and prohibits such inmates from claiming wrongful incarceration after retroactive application (Sec. 4).

• Requires any inmate who is released prior to the completion of any reentry programs deemed necessary by the Department or any programs mandated by court order, and whose release prior to the completion of such programs is prohibited by the terms of the court order, to complete such programs under probation (Sec. 4).

• Requires the Department to ensure that educational, vocational, counseling, and substance abuse programs are available at all state correctional facilities, probation offices, and parole offices (Sec. 5-6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a 4-level classification system to award and calculate sentence credits.

Highlights:

• Establishes a 4-level classification system to award and calculate sentence credits as follows (Sec. 1):

• Level 1: 15 days are deducted from a person’s sentence for every 30 days served for persons participating in and cooperating with all programs to which they are assigned, and who have no more than 1 minor correctional infraction and no serious correctional infractions;

• Level 2: 7.5 days are deducted from a person’s sentence for every 30 days served for persons participating in and cooperating with programs to which they are assigned and who require improvement in not more than 1 area;

• Level 3: 3.5 days are deducted from the person’s sentence for every 30 days served for persons participating in and cooperating with all programs, job assignments, and education curriculums to which they are assigned and who require significant improvement in 2 or more areas; and

• Level 4: no sentence credits are awarded to persons who willfully fail to participate in or cooperate with all programs, job assignments, and educational curriculums to which they are assigned.

• Requires a person’s classification level to be reviewed at least once annually and requires a record of this review, including an explanation of the reasons why a person’s classification level was or was not adjusted, to be maintained in the person’s correctional file (Sec. 1).

• Authorizes persons to appeal a reclassification determination by the grievance procedure established by the director (Sec. 1).

• Limits the maximum amount of sentence credits that can be earned to 4.5 sentence credits for every 30 days served for offenses including, but not limited to (Sec. 1):

• A class 1 felony;`

• Solicitation to commit murder;

• Kidnapping or abduction felony;

• Robbery or carjacking; or

• Criminal sexual assault punishable as a felony.

• Specifies that the provisions of this act become effective July 1, 2021, and apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2021 (Sec. 2-3).

• Requires any inmate, whose release date is determined to have passed upon retroactive application of this act, to be released within 60 days of the determination with an approved release plan and prohibits such inmates from claiming wrongful incarceration after retroactive application (Sec. 3).

• Requires any inmate who is released prior to the completion of any reentry programs deemed necessary by the Department of Corrections or any programs mandated by court order, and whose release prior to the completion of such programs is prohibited by the terms of the court order, to complete such programs under post-release community supervision (Sec. 3).

Full Bill Text