HB 361 · Enacted
Virginia HB 361: what it does and when it starts
Virginia HB 361 (2026 Acts, Chapter 596) lets time spent in jail before trial or during an appeal count toward earned sentence credits. It takes effect July 1, 2028.
Virginia HB 361: start date
July 1, 2028
625 days away
Currently scheduled start date (has changed before in some states) · Source: Virginia Legislative Information System · Last checked: 2026-10-15
What changes
- Pretrial and appeal confinement counts toward earned sentence credit (ESC).
- ESC Level 1: 0 to 4.5 days per 30 served. ESC Level 2: 0 to 15 days per 30 served.
- Takes effect July 1, 2028.
How credits are figured (general)
- Count the days spent in jail before trial or during an appeal.
- Identify the ESC level (1 or 2).
- Multiply pretrial days by 4.5/30 (Level 1) or 15/30 (Level 2) for the maximum possible credit.
Timeline
- HB 361 passes the General Assembly (Chapter 596).
- Takes effect.
FAQ
When does Virginia HB 361 take effect?
July 1, 2028.
How much could pretrial time be worth?
Up to 4.5 days per 30 days for ESC Level 1 and up to 15 days per 30 for Level 2, depending on conduct and programs.
What to do now
- Ask the facility case manager for the official time computation.
- Keep court paperwork and program certificates.
Scam warning: Beware of anyone charging fees to "apply" credits or guaranteeing release.
Rule version
| Law | HB 361 (2026 Acts ch. 596) |
|---|---|
| Citation | Va. Code §53.1-202.3 as amended |
| Effective | July 1, 2028 at 12:00 AM Eastern |
| Version | 2026.1 |
| Last verified | 2026-10-15 |
Virginia updates
Primary sources
Plain-English summary, not legal advice. The official text controls.