VirginiaHB3612026 Regular SessionHouse

Earned sentence credits; incarceration while awaiting trial or pending an appeal, effective date.

Sponsored By: Holly M. Seibold (Democratic)

Became Law

Summary

Earned sentence credits; incarceration while awaiting trial or pending an appeal. Provides that a person's eligibility for earned sentence credits includes any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility awaiting trial or pending an appeal that was deducted from such person's term of incarceration or detention. The bill provides that the provisions apply retroactively to any person who is confined in any state or local correctional facility on July 1, 2028. The bill has a delayed effective date of July 1, 2028.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Credits for juveniles tried as adults

Beginning July 1, 2028, juveniles convicted as adults and sentenced as serious juvenile offenders can earn sentence credits for the part of their sentence served with the Department of Juvenile Justice. To get credits, they must follow facility rules and show progress on treatment goals set for serious juvenile offenders.

Pretrial days count toward credits

Beginning July 1, 2028, time you already spent locked up counts when calculating earned sentence credits for felonies committed on or after January 1, 1995. This includes days awaiting trial or a final order, and time in state or local facilities, state hospitals, or juvenile detention that is credited to your sentence. You start earning credits once you are incarcerated after a final order of conviction, but the calculation must include those earlier days. One earned sentence credit equals one day off your sentence. You must follow facility rules and required programs to earn credits.

Earlier releases, but finish programs

Beginning July 1, 2028, anyone confined in a state or local facility on that date has their release date recalculated under the new credit rules. If the new date is before July 1, 2028, release happens within 60 days of that determination, after an approved release plan if required, unless a court orders otherwise. You cannot bring a wrongful incarceration claim based on this retroactive change. If you are released before finishing reentry or court-ordered programs, you must complete them under probation when the court imposes probation and local resources are available.

Sponsors & Cosponsors

Sponsor

  • Holly M. Seibold

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 321 • No: 216

House vote 3/14/2026

Conference report agreed to by House

Yes: 65 • No: 31

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

Senate vote 3/12/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote 3/11/2026

Senate substitute rejected by House

Yes: 1 • No: 98

Senate vote 3/9/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote 3/5/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/5/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/4/2026

Reported from Finance and Appropriations with substitute

Yes: 11 • No: 4

Senate vote 2/23/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 9 • No: 6

House vote 2/17/2026

Read third time and passed House

Yes: 69 • No: 27

House vote 2/11/2026

Reported from Appropriations

Yes: 15 • No: 7

House vote 2/11/2026

Subcommittee recommends reporting

Yes: 5 • No: 2 • Other: 1

House vote 1/28/2026

Reported from Courts of Justice with amendment(s) and referred to Appropriations

Yes: 16 • No: 3

House vote 1/21/2026

Subcommittee recommends reporting with amendment(s)

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0596)

    4/13/2026Governor
  2. Approved by Governor-Chapter596 (Effective 7/1/2028)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB361)

    4/1/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB361ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Fiscal Impact Statement from Department of Planning and Budget (HB361)

    3/16/2026House
  11. Conference report agreed to by House (65-Y 31-N 0-A)

    3/14/2026House
  12. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/13/2026Senate
  13. Conference Report released

    3/13/2026
  14. House Conferees: Seibold, Schmidt, Williams

    3/12/2026House
  15. Conferees appointed by House

    3/12/2026House
  16. House acceded to request

    3/12/2026House
  17. Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

    3/12/2026Senate
  18. Conferees appointed by Senate

    3/12/2026Senate
  19. Senate Conferees: Perry, Boysko, McDougle

    3/12/2026Senate
  20. Senate requested conference committee

    3/12/2026Senate
  21. Senate substitute rejected by House (1-Y 98-N 0-A)

    3/11/2026House
  22. Passed Senate with substitute (21-Y 19-N 0-A)

    3/9/2026Senate
  23. Finance and Appropriations Substitute agreed to

    3/9/2026Senate
  24. Engrossed by Senate - committee substitute

    3/9/2026Senate
  25. Read third time

    3/9/2026Senate

Bill Text

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