Virginia’s good time law, formally the earned sentence credit system, lets people in state prison reduce their sentences by maintaining good behavior and completing assigned programs. One credit equals one day off the term of incarceration. How fast credits accumulate depends on the offense of conviction and the inmate’s assigned earning level, and for a long list of serious felonies the reduction is capped so that at least 85 percent of the sentence must be served.
Two Different Systems, Split by 1995
Virginia abolished parole for felonies committed on or after January 1, 1995. For those offenses, earned sentence credits under Virginia Code § 53.1-202.3 are the primary way to shorten time behind bars.
A small number of people are still serving time for offenses committed before that date. They fall under the older good conduct allowance system in § 53.1-201, which uses four classes. Class I inmates can earn up to 30 days of credit for every 30 days served, effectively halving the active sentence, while Classes II through IV earn less. Certain violent offenses committed on or after July 1, 1993, are capped at 10 days per 30 served regardless of class.1Virginia Code Commission. Virginia Code Title 53.1, Chapter 6, Article 3 – Good Conduct Allowances
Everything below concerns the current earned sentence credit system, which governs the vast majority of people in Virginia’s prisons.
How Credits Are Earned
Credits are not automatic. The Department of Corrections evaluates each inmate and assigns an earning level, with Level I the highest. To reach Level I, an inmate must meet several criteria, including no more than one minor disciplinary infraction and no serious infractions in the previous 12 months.
Program participation is a legal prerequisite. Virginia Code § 53.1-202.3 conditions credit earning on “full participation in and cooperation with programs” assigned through the inmate’s individualized reentry plan.2Virginia Code Commission. Virginia Code 53.1-202.3 – Rate at Which Sentence Credits May Be Earned; Prerequisites These include substance abuse treatment, education, vocational training, and mental health counseling. VADOC is required to make them available at all state facilities.3Virginia Code Commission. Virginia Code 53.1-202.5 – Department to Provide Programs
Completing educational milestones like a GED or vocational certification can add credits on top of the standard earning rate.
How Fast Credits Accrue
The statute splits offenses into two tiers.
Offenses on the restricted list in subsection A of § 53.1-202.3 are capped at 4.5 credits per 30 days served. That works out to roughly a 15 percent reduction, so a person convicted of one of these offenses serves at least 85 percent of the sentence no matter how well they behave.
Offenses not on that list can earn credits at a faster rate for inmates at the highest earning level. Level I earns the most; lower levels earn progressively fewer. An inmate who improves behavior and participation can move up, but credits do not retroactively increase for time already served at a lower level.
Offenses Capped at 4.5 Credits per 30 Days
This is where release-date calculations most often go wrong. The restricted list in § 53.1-202.3 includes:
- Aggravated murder (formerly capital murder) under § 18.2-31, first- and second-degree murder, felony homicide, and solicitation to commit murder4Virginia Code Commission. Virginia Code 18.2-31 – Aggravated Murder Defined; Punishment
- Kidnapping and abduction felonies
- Malicious wounding and felony assault offenses, including malicious bodily wounding and felony domestic assault
- Robbery and carjacking, except for robbery or carjacking committed without a weapon and without harm or threat to another person
- Any felony criminal sexual assault offense
- Felony stalking and protective-order violations
- Burglary while armed
- Certain felony sex-trafficking and child-exploitation offenses
- Terrorism-related offenses
A second or subsequent conviction for certain additional offenses, including voluntary manslaughter, some drug distribution crimes, and felony animal cruelty, also falls under the restricted rate when the offenses occurred at separate times and the person was at liberty between them.2Virginia Code Commission. Virginia Code 53.1-202.3 – Rate at Which Sentence Credits May Be Earned; Prerequisites
One point of confusion worth clearing up: people convicted of these offenses are not excluded from earning credits entirely. The statute caps their rate. Someone serving life without parole for aggravated murder gains no practical benefit, however, because there is no release date to shorten.
What the 2022 Reforms Changed
Legislation effective July 1, 2022, restructured the credit system and applied retroactively to anyone in VADOC custody participating in the program on that date. The key changes:
- The single 4.5-per-30-day cap was replaced with a two-tier system, allowing faster accumulation for offenses not on the restricted list.
- Robbery and carjacking convictions with no weapon used and no harm or threat were moved out of the restricted tier.
- Inmates serving consecutive sentences can earn the higher rate on portions of the sentence that follow a restricted-rate offense.
- Level I requirements were loosened so that a single minor infraction in the previous 12 months no longer automatically disqualifies an inmate from the highest earning level.
- The new rates applied to the entire sentence of anyone in custody and participating on July 1, 2022, not just time served after that date. VADOC was required to notify inmates of adjusted release dates.
The reforms also directed VADOC to create a process letting victims advocate on behalf of an inmate for credit reclassification.
How Credits Can Be Lost
Credits already earned are not permanent. Virginia Code § 53.1-202.4 directs the VADOC Director to set forfeiture rules covering three categories: violations of institutional rules, failure to meet program participation requirements, and failure to meet other conditions for retaining credits.5Virginia Code Commission. Virginia Code 53.1-202.4 – Director to Establish Certain Rules, Criteria, Etc.
The infractions most commonly triggering forfeiture include assaulting staff or other inmates, possessing contraband, failing drug tests, and refusing to participate in assigned programs. More serious or repeated violations produce larger forfeitures, and a pattern of misconduct can drop an inmate to a lower earning level, cutting future accumulation on top of any credits already lost.
Being dropped from or removed from an assigned treatment, educational, or vocational program does double damage. Because participation is a statutory prerequisite for earning credits at all, non-participation both stops new credits from accruing and can erase credits already banked.
Release Is Not the End of Supervision
Earlier release through credits does not mean walking away clean. For most felonies committed on or after July 1, 2000, the sentencing court must impose a period of post-release supervision lasting between six months and three years. This suspended term of incarceration takes effect on release from the active sentence, and the Virginia Parole Board supervises compliance.
Common conditions include regular check-ins with a probation officer, drug testing, and travel restrictions. Violating them can result in revocation and a return to prison for the remaining suspended time. Credits shorten the time behind bars; they do not remove the state’s hold on you afterward.
Challenging a Credit Decision
When VADOC denies or revokes credits, the first stop is the internal grievance system. The process starts with a written complaint to institutional staff. If the complaint is unresolved after 15 days, a formal grievance is filed on the designated form.6Virginia Department of Corrections. Operating Procedure 866.1 – Inmate Grievance Procedure
The formal grievance must include identifying information, the date of the incident, and a detailed explanation with supporting documentation. If the Level I response is unfavorable, the inmate can appeal by identifying what they disagree with, whether that is the response, the disposition, or the proposed remedy, and suggesting a resolution. Each institution keeps a locked grievance mailbox separate from regular mail.
If the internal process fails, the next step is a petition for a writ of habeas corpus in circuit court. The petition must show probable cause that the inmate is being held without lawful authority, for example that credits were revoked without following statutory procedures or VADOC’s own operating rules.7Virginia Code Commission. Virginia Code 8.01-654 – When and Where Petition Filed; What Petition to Contain The inmate bears the burden of showing that the decision was arbitrary or unlawful. A court can order credits restored or direct VADOC to re-evaluate.
Courts generally expect the internal grievance process to be exhausted first. Skipping that step can get a habeas petition dismissed.