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---
type: "Bill"
title: "Terminally ill prisoners; conditional release, sentence credits."
description: "Release of prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense other than those enumerated in the bill as exceptions to eligibility and who is terminally ill as defined in the bill is eligible for consideration by the Parole Board for conditional release. The bill also establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill specifies certain crimes that are subject to the maximum 4.5 earned sentence credits for each 30 days served that is permitted under current law. The bill provides that the Department of Corrections shall convene in due course a work group to study the impact of the sentence credit amendments set forth in the bill. The bill directs the work group to report to the Governor and the General Assembly by July 1, 2021, the membership of the work group and the work group's plan for conducting such study, including any data and information upon which the work group will rely in conducting such study, and to report its finding and conclusions to the Governor and the General Assembly by December 1, 2022. The remainder of the bill has a delayed effective date of January 1, 2022, and requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on January 1, 2022."
jurisdiction: "us/states/va"
legislature: "Virginia General Assembly"
session: "2020specialI"
identifier: "SB 5034"
citation: "Virginia SB 5034 (2020specialI)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 6
action_count: 61
vote_count: 15
first_action: "2020-08-14"
last_action: "2020-11-09"
source: "openstates"
source_identifier: "ocd-bill/22622ed8-8482-44a5-8bdf-3679d911d95b"
source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+SB5034"
source_hash: "44ec7fe3e7a4792ad952ef1d590f3e87b42761f6a945329ccc779b090d21681c"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-va"]
---
# Virginia SB 5034 (2020specialI) — Terminally ill prisoners; conditional release, sentence credits.
Release of prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense other than those enumerated in the bill as exceptions to eligibility and who is terminally ill as defined in the bill is eligible for consideration by the Parole Board for conditional release. The bill also establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill specifies certain crimes that are subject to the maximum 4.5 earned sentence credits for each 30 days served that is permitted under current law. The bill provides that the Department of Corrections shall convene in due course a work group to study the impact of the sentence credit amendments set forth in the bill. The bill directs the work group to report to the Governor and the General Assembly by July 1, 2021, the membership of the work group and the work group's plan for conducting such study, including any data and information upon which the work group will rely in conducting such study, and to report its finding and conclusions to the Governor and the General Assembly by December 1, 2022. The remainder of the bill has a delayed effective date of January 1, 2022, and requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on January 1, 2022.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Acts of Assembly Chapter text (CHAP0052)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0052)
2. **Bill text as passed Senate and House (SB5034ER)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5034ER)
3. **Engrossed by Senate - committee substitute SB5034S1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5034S1)
4. **Impact statement from DPB (SB5034H1)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5034H1)
5. **Reenrolled bill text (SB5034ER2)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5034ER2)
6. **SB5034S2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5034S2)
## Votes
- VOTE: (55-Y 42-N) — **5442** (pass) · lower
- Read third time and passed Senate (21-Y 16-N) — **2116** (pass) · upper
- Reconsideration of Governor's recommendation agreed to (39-Y 0-N) — **390** (pass) · upper
- Reported from Appropriations (13-Y 9-N) — **139** (pass) · lower
- Reported from Finance and Appropriations with substitute (10-Y 4-N) — **104** (pass) · upper
- VOTE: Agreed To (54-Y 42-N) — **5342** (pass) · lower
- Conference report agreed to by Senate (21-Y 17-N) — **2117** (pass) · upper
- VOTE: Passage (54-Y 42-N) — **5342** (pass) · lower
- Constitutional reading dispensed (40-Y 0-N) — **400** (pass) · upper
- Reported from Rehabilitation and Social Services (8-Y 7-N) — **87** (pass) · upper
- House substitute rejected by Senate (2-Y 33-N) — **233** (fail) · upper
- Senate concurred in Governor's recommendation (22-Y 17-N) — **2217** (pass) · upper
- Senate acceded to request (21-Y 15-N) — **2115** (pass) · upper
- Reported from Courts of Justice with substitute (12-Y 8-N) — **128** (pass) · lower
- Senate concurred in Governor's recommendation (21-Y 18-N) — **2118** (pass) · upper
## Timeline
The legislative action history — every referral, reading, and vote.
- **2020-08-14** Prefiled and ordered printed; offered 08/18/20 20200695D `introduction`
- **2020-08-14** Referred to Committee on Rehabilitation and Social Services `referral-committee`
- **2020-08-18** Senate committee, floor amendments and substitutes offered
- **2020-08-18** Reported from Rehabilitation and Social Services (8-Y 7-N) `committee-passage`
- **2020-08-18** Rereferred to Finance and Appropriations `referral-committee`
- **2020-08-31** Impact statement from DPB (SB5034)
- **2020-09-03** Senate committee, floor amendments and substitutes offered
- **2020-09-09** Senate committee, floor amendments and substitutes offered
- **2020-09-09** Reported from Finance and Appropriations with substitute (10-Y 4-N) `committee-passage`
- **2020-09-09** Committee substitute printed 20201151D-S1 `substitution`
- **2020-09-10** Constitutional reading dispensed (40-Y 0-N)
- **2020-09-15** Read second time `reading-2`
- **2020-09-15** Reading of substitute waived
- **2020-09-15** Committee substitute agreed to 20201151D-S1
- **2020-09-15** Engrossed by Senate - committee substitute SB5034S1
- **2020-09-16** Read third time and passed Senate (21-Y 16-N) `passage, reading-3`
- **2020-09-16** Impact statement from DPB (SB5034S1)
- **2020-09-17** Placed on Calendar
- **2020-09-17** Read first time `reading-1`
- **2020-09-17** Referred to Committee for Courts of Justice `referral-committee`
- **2020-09-22** House committee, floor amendments and substitutes offered
- **2020-09-22** Reported from Courts of Justice with substitute (12-Y 8-N) `committee-passage`
- **2020-09-22** Committee substitute printed 20201238D-H1 `substitution`
- **2020-09-22** Referred to Committee on Appropriations `referral-committee`
- **2020-09-25** Impact statement from DPB (SB5034H1)
- **2020-09-25** Reported from Appropriations (13-Y 9-N) `committee-passage`
- **2020-09-29** Read second time `reading-2`
- **2020-10-02** Read third time `reading-3`
- **2020-10-02** Committee substitute agreed to 20201238D-H1
- **2020-10-02** Engrossed by House - committee substitute SB5034H1
- **2020-10-02** Passed House with substitute (54-Y 42-N) `passage`
- **2020-10-02** VOTE: Passage (54-Y 42-N)
- **2020-10-07** House substitute rejected by Senate (2-Y 33-N)
- **2020-10-07** House insisted on substitute
- **2020-10-07** House requested conference committee
- **2020-10-07** Senate acceded to request (21-Y 15-N)
- **2020-10-07** Conferees appointed by Senate
- **2020-10-07** Conferees appointed by House
- **2020-10-14** Amended by conference committee
- **2020-10-14** Conference substitute printed 20201334D-S2
- **2020-10-14** Conference report agreed to by House (54-Y 42-N)
- **2020-10-14** VOTE: Agreed To (54-Y 42-N)
- **2020-10-14** Conference report agreed to by Senate (21-Y 17-N)
- **2020-10-16** Enrolled
- **2020-10-16** Signed by President
- **2020-10-16** Signed by Speaker
- **2020-10-21** Enrolled Bill Communicated to Governor on October 21, 2020
- **2020-10-21** Governor's Action Deadline 11:59 p.m., October 28, 2020
- **2020-10-21** Impact statement from DPB (SB5034ER)
- **2020-10-28** Governor's recommendation received by Senate
- **2020-11-09** Senate concurred in Governor's recommendation (22-Y 17-N)
- **2020-11-09** Reconsideration of Governor's recommendation agreed to (39-Y 0-N)
- **2020-11-09** Senate concurred in Governor's recommendation (21-Y 18-N)
- **2020-11-09** House concurred in Governor's recommendation (55-Y 42-N)
- **2020-11-09** VOTE: (55-Y 42-N)
- **2020-11-09** Governor's recommendation adopted
- **2020-11-09** Reenrolled
- **2020-11-09** Reenrolled bill text (SB5034ER2)
- **2020-11-09** Signed by Speaker as reenrolled
- **2020-11-09** Signed by President as reenrolled
- **2020-11-09** Enacted, Chapter 52 (effective 7/1/22 - see bill) `became-law`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/22622ed8-8482-44a5-8bdf-3679d911d95b`. Confidence: reported (aggregated from official Virginia legislature records).