CHAPTER 105

An Act to amend and reenact § 58-208 of the Code of Virginia, relating
to credit for time in confinement prior to sentence. [CH 600]

Approved March 2, 1968

Be it enacted by the General Assembly of Virginia:

oa That § 53-208 of the Code of Virginia be amended and reenacted as
ollows: |
§ 53-208. Deduction of time of confinement while awaiting trial._—
Any person who may be sentenced by any court to a term of confinement
in the penitentiary, or by any court or trial justice to a term of confine-
ment in jail, for the commission of a crime, or in jail for default in the
payment of a fine, shall have deducted from any such term all time ac-
tually spent by such person in any mental institution for examination
purposes or treatment prior to trial or in jail or the penitentiary awaiting
trial, or pending an appeal, and it shall be the duty of the court or trial
justice, when entering the final order in any such case, to provide that
such person so convicted be given credit for the time so spent. In no
case shall a prisoner be allowed credit for time not actually spent in
confinement, and in no case is a prisoner on bail to be regarded as in
confinement for the purposes of this statute. No such credit, however,
shall be given to any person who shall break jail or make an escape. All
persons heretofore sentenced to confinement in the penitentiary and now
actually confined therein, in whose case the final order entered by the
court in which they were convicted fails to provide for credit for the time
actually spent by such person in the penitentiary awaiting trial or pend-
ing an appeal, shall nevertheless receive credit for such time so spent in
the penitentiary, and it shall be the duty of the superintendent of the
penitentiary to make such allowance of credit to such persons in addition

to the good conduct allowance required under §§ 53-209 to 53-216.