53.1-187 - Credit for time spent in confinement while awaiting trial.
§ 53.1-187. Credit for time spent in confinement while awaiting trial.
Any person who is sentenced to a term of confinement in a correctionalfacility shall have deducted from any such term all time actually spent bythe person in a state hospital for examination purposes or treatment prior totrial, in a state or local correctional facility awaiting trial or pending anappeal, or in a juvenile detention facility awaiting trial for an offense forwhich, upon conviction, such juvenile is sentenced to an adult correctionalfacility. When entering the final order in any such case, the court shallprovide that the person so convicted be given credit for the time so spent.
In no case shall a person be allowed credit for time not actually spent inconfinement or in detention. In no case is a person on bail to be regarded asin confinement for the purposes of this statute. No such credit shall begiven to any person who escapes from a state or local correctional facilityor is absent without leave from a juvenile detention facility.
Any person sentenced to confinement in a state correctional facility, inwhose case the final order entered by the court in which he was convictedfails to provide for the credit authorized by this section, shallnevertheless receive credit for the time so spent in a state correctionalfacility. Such allowance of credit shall be in addition to the good conductallowance provided for in Articles 2 (§ 53.1-192 et seq.) and 3 (§ 53.1-198et seq.) of this chapter or the earned sentence credits provided for inArticle 4 (§ 53.1-202.2 et seq.) of this chapter.
(Code 1950, § 53-208; 1968, c. 105; 1970, c. 648; 1982, c. 636; 1984, c. 313;1994, 2nd Sp. Sess., cc. 1, 2.)