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VA HB35

VA HB35
Restorative housing and isolated confinement; restrictions on use.


summary

Introduced
12/23/2025
In Committee
02/13/2026
Crossed Over
02/11/2026
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every two business days and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours.

AI Summary

This bill significantly restricts the use of "isolated confinement," which is defined as confining an incarcerated person to their cell for 17 or more hours per day, regardless of the housing unit's name, in state correctional facilities. Before placing someone in "restorative housing" (special housing for protection or management) or isolated confinement for their own safety, facility administrators must first try less restrictive options, like transferring them to another facility or a specialized unit for those facing similar threats. If isolated confinement is still deemed necessary, it must be reviewed every two business days, and the incarcerated person must receive medical and mental health evaluations from certified professionals within one working day of placement. Facility administrators are also required to notify their regional administrator in writing within 24 hours of placing someone in restorative housing or isolated confinement. Furthermore, formal reviews of isolated confinement placements must occur with the incarcerated person present, informing them of the reasons for continued confinement and allowing them to respond, with a formal ruling provided within 24 hours. The bill also introduces new definitions for "lockdown" (restricting movement and privileges for an entire unit for 20+ hours daily) and "out-of-cell programmatic interventions" (activities outside the cell like education, therapy, or individual staff interaction).

Committee Categories

Budget and Finance, Justice

Sponsors (12)

Last Action

Continued to next session in Rehabilitation and Social Services (15-Y 0-N) (on 03/06/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB35
BillText https://lis.virginia.gov/bill-details/20261/HB35/text/HB35SC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB35) https://lis.blob.core.windows.net/files/1150724.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB35/text/HB35E
Appropriations Amendment https://lis.virginia.gov/bill-details/20261/HB35/text/HB35AH1
Appropriations Amendment https://lis.virginia.gov/bill-details/20261/HB35/text/HB35AHC1
Transportation & Public Safety Subcommittee Amendment https://lis.virginia.gov/bill-details/20261/HB35/text/HB35AHC2
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB35) https://lis.blob.core.windows.net/files/1097294.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB35/text/HB35
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