2026 - EARNED SENTENCE CREDITS
HB244 Robbery; conforms certain provisions of Code to degrees of robbery offenses.
Introduced by: Vivian E. Watts (Chief Patron)
View the bill here.
Summary As Passed House
Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three of certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying that the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits to apply retroactively if certain criteria are met.
2/02/2026 House-Courts of Justice committee amendments agreed to
2/03/2026 Read third time and passed House (64‑Y 34‑N 0‑A)
2/04/2026 Referred to Committee for Senate-Courts of Justice
2/11/2026 House. Fiscal Impact Statement from Department of Planning and Budget (HB244)
HB361 Earned sentence credits; incarceration while awaiting trial or pending an appeal.
Introduced by: Holly M. Seibold (Chief Patron) [D]
View the bill here.
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 correctional facility on July 1, 2026.
1/12/2026 Referred to Committee for House-Courts of Justice
1/20/2026 Assigned House-CJ sub: Criminal
1/28/2026 Reported from H-Courts of Justice committee with amendment(s) and referred to Appropriations (16‑Y 3‑N)
​1/29/2026 Assigned House -APP sub: Transportation & Public Safety
2/03/2026 Fiscal Impact Statement from Department of Planning and Budget (HB361)
2/11/2026 Reported from House-Appropriations committee (15‑Y 7‑N)
2/16/2026 Engrossed by House as amended
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HB726 Credit for time spent in confinement while awaiting trial; extradition or fugitive warrant.
Introduced by: Will Davis (Chief Patron) [R]
View the bill here.
Provides that if any person is extradited from another state pursuant to (i) an extradition warrant from the Commonwealth or (ii) a fugitive warrant issued from the state where such person is detained and such person is subsequently sentenced to a term of confinement in a correctional facility in the Commonwealth for an offense from the same act as the violation for which the extradition warrant or fugitive warrant was authorized, such person shall have deducted from any such term all time actually spent in confinement awaiting extradition from such other state, provided that he was solely held on the extradition warrant or fugitive warrant and not on any other offense that he allegedly committed in such other state. This bill is a recommendation of the Virginia Criminal Justice Conference.
1/20/2026 Assigned H-HMPPS sub: Subcommittee #2
1/22/2026 H-PS Subcommittee #2 recommends reporting (7‑Y 0‑N)
1/23/2026 Reported from H-Public Safety committee (22‑Y 0‑N)
1/24/2026 Fiscal Impact Statement from Department of Planning and Budget (HB726)
1/29/2026 Read third time and passed House Block Vote (99‑Y 0‑N 0‑A)
1/30/2026 Referred to Committee on Senate-Rehabilitation and Social Services
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BILLS CONTINUED TO 2027
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HB1162 State correctional facilities; required education or vocational training; earned sentence credits classification levels.
Introduced by: Wendell S. Walker (Chief Patron) [R]
View the bill here.
State correctional facilities; required education or vocational training; earned sentence credits classification levels. Requires a prisoner in a state correctional facility, as a part of his reentry plan developed and implemented by the Department of Corrections, to complete a high school equivalency test or vocational, technical, or other certification prior to such prisoner's release. The bill also provides that the annual review of a prisoner's classification level for earned sentence credits shall include such prisoner's quantifiable or measurable progress, as available, in any programs, job assignments, and educational curricula in which he is participating, such as test scores achieved or completion of a high school equivalency test or other trade or vocational certification.
1/14/2026 Referred to Committee on House-Public Safety
1/23/2026 House. Assigned HMPPS sub: Subcommittee #2
2/02/2026 Fiscal Impact Statement from Department of Planning and Budget (HB1162)
2/12/2026 House-PS Subcommittee #2 recommends continuing to 2027 (Voice Vote)
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