53.1-116 - What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays.
§ 53.1-116. What records and policy jailer shall keep; how time deducted oradded for felons and misdemeanants; payment of fine and costs by personcommitted to jail until he pays.
A. The jailer shall keep a (i) record describing each person committed tojail, the terms of confinement, for what offense or cause he was committed,and when received into jail; (ii) record of each prisoner; and (iii) writtenpolicy stating the criteria for and conditions of earned credit in thefacility.
Unless he is serving a mandatory minimum sentence of confinement, eachprisoner sentenced to 12 months or less for a misdemeanor or any combinationof misdemeanors shall earn good conduct credit at the rate of one day foreach one day served, including all days served while confined in jail priorto conviction and sentencing, in which the prisoner has not violated thewritten rules and regulations of the jail. Prisoners eligible for paroleunder §§ 53.1-151, 53.1-152 or § 53.1-153 shall earn good conduct credit at arate of 15 days for each 30 days served with satisfactory conduct.
The jailer may grant the prisoner additional credits for performance ofinstitutional work assignments, participation in classes, or participation inlocal work force programs, if available at the facility, at the rate of fivedays for every 30 days served. The time so deducted shall be allowed to eachprisoner for such time as he is confined in jail. It shall be theresponsibility of the jailer in each facility to determine the manner inwhich these additional credits may be awarded and to include this informationin the written policy mandated by clause (iii) of this subsection.
For each violation of the rules prescribed herein, the time so deducted shallbe added until it equals the full sentence imposed upon the prisoner by thecourt.
However, any prisoner committed to jail upon a felony offense committed on orafter January 1, 1995, shall not earn good conduct credit, sentence credit,earned sentence credit, other credit, or a combination of any credits inexcess of that permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter6 of this title. So much of an order of any court contrary to the provisionsof this section shall be deemed null and void.
B. Notwithstanding the provisions of § 19.2-350, in the event a person whowas committed to jail to be therein confined until he pays a fine imposed onhim by the court in which he was tried should desire to pay such fine andcosts, he may pay the same to the person in charge of the jail. The personreceiving such moneys shall execute and deliver an official receipt thereforand shall promptly transmit the amount so paid to the clerk of the courtwhich imposed the fine and costs. Such clerk shall give him an officialreceipt therefor and shall properly record the receipt of such moneys.
C. The administrator of a local or regional jail shall not assign a person toa 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 theconsent of the sheriff.
(Code 1950, § 53-151; 1952, c. 218; 1972, c. 293; 1981, c. 278; 1982, c. 636;1983, c. 561; 1984, c. 643; 1990, c. 934; 1994, 2nd Sp. Sess., cc. 1, 2;1996, c. 556; 1998, c. 776; 1999, cc. 951, 1007; 2003, cc. 818, 820; 2004,cc. 400, 461.)