VirginiaHB8572026 Regular SessionHouse

Home/electronic incarceration program; court shall assign pregnant/postpartum persons to program.

Sponsored By: Rae Cousins (Democratic)

Signed by Governor

Summary

Home/electronic incarceration program. Provides that any court having jurisdiction for the trial of a pregnant person or a postpartum person who still has contact with their infant child and is charged with certain offenses shall assign the offender to a home/electronic incarceration program unless there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members, or the public. The bill also provides that a pregnant or postpartum person assigned to home/electronic incarceration shall remain eligible for bond.

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Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Home detention for pregnant and postpartum people

Virginia courts must assign eligible pregnant and postpartum people to available home or electronic detention programs. Postpartum people must still have contact with their infant. After conviction and sentencing to state or local confinement, the person must be suitable for the program. Before trial, assignment requires approval from the sheriff or local or regional jail superintendent; bond rights remain unchanged. Assignment is barred when probable cause shows a risk of missing court or unreasonable danger to the person, family, household members, or public. After sentencing, excluded convictions include murder, voluntary manslaughter, specified mob-related felonies, kidnapping or abduction, malicious assault or wounding, robbery, and felony sexual assault. After postpartum recovery ends, eligibility can continue if the person remains suitable and keeps contact with their infant.

Sponsors & Cosponsors

Sponsor

  • Rae Cousins

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 335 • No: 16

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 89 • No: 11

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 38 • No: 0

Senate vote • 2/24/2026

Passed Senate

Yes: 39 • No: 0

Senate vote • 2/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/23/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote • 2/20/2026

Reported from Rehabilitation and Social Services

Yes: 11 • No: 0 • Other: 4

House vote • 2/5/2026

Read third time and passed House

Yes: 93 • No: 5

House vote • 1/30/2026

Reported from Public Safety with substitute

Yes: 21 • No: 0

House vote • 1/29/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 0

Actions Timeline

  1. Senate concurred in Governor's recommendation (38-Y 0-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (89-Y 11-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1073)

    4/22/2026Governor
  4. Reenrolled bill text (HB857ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1073 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/11/2026Governor
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  12. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  13. Fiscal Impact Statement from Department of Planning and Budget (HB857)

    2/26/2026House
  14. Bill text as passed House and Senate (HB857ER)

    2/26/2026House
  15. Enrolled

    2/26/2026House
  16. Signed by President

    2/26/2026Senate
  17. Signed by Speaker

    2/26/2026House
  18. Passed Senate (39-Y 0-N 0-A)

    2/24/2026Senate
  19. Read third time

    2/24/2026Senate
  20. Passed by for the day Block Vote (Voice Vote)

    2/23/2026Senate
  21. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/23/2026Senate
  22. Rules suspended

    2/23/2026Senate
  23. Reported from Rehabilitation and Social Services (11-Y 0-N 4-A)

    2/20/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (HB857)

    2/6/2026House
  25. Referred to Committee on Rehabilitation and Social Services

    2/6/2026Senate

Bill Text

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