VirginiaHB8572026 Regular SessionHouse

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

Sponsored By: Rae Cousins (Democratic)

Became Law

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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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 2 costs, 3 mixed.

Jail credits shorten time for inmates

The jail keeps a record and a written policy on earned credits. If you get 12 months or less for misdemeanors, you earn one day per day served. This includes pretrial days if you follow rules and are not under a mandatory minimum. If you are parole-eligible, you earn 15 days credit for each 30 days served with good conduct. Jails may grant 5 extra days per 30 days for approved work or classes. Breaking jail rules takes back credits and can extend your time. Felonies committed on or after January 1, 1995 are capped under Article 4 credit limits.

Pay court fines from jail

If you are held until you pay a court fine, you can pay the jail. The jail must give you a receipt and send the money to the court quickly. The court clerk must record the payment and issue a receipt.

Fees and wage rules in home confinement

Programs can charge you fees for monitoring equipment. You must pay for equipment you damage or do not return. If you work, your wages go to the program after payroll taxes. Money is used first for support orders, then fines and court costs, then approved work and travel costs. Any money left is credited to you or sent to your family if you request it. The state sets rules for how wages are handled.

Penalty for leaving home confinement

Leaving your assigned home, work site, travel route, or area without permission is a Class 1 misdemeanor. If convicted, you cannot use the program again during your current term.

Home confinement for pregnant and postpartum

Courts place pregnant people, and postpartum people with infant contact, in home or electronic confinement when suitable programs exist. The court can deny if there is probable cause of no-show or unreasonable danger, or for excluded violent or sexual crimes. Pretrial, courts assign these accused to home confinement when available and suitable, with sheriff or jail leader approval. You can still seek bond. The law defines who counts as postpartum and lets eligible people stay after recovery if still suitable.

Sheriff control over home confinement assignments

If you are sentenced and serving in jail, the sheriff may place you on home or electronic confinement after notifying the prosecutor. People with violent, sexual, burglary, or certain Schedule I or II drug convictions are not eligible. In places with a sheriff-run jail, no one can be assigned without the sheriff’s consent. "Sheriff" means the sheriff where you were sentenced, who may name a designee. State officials set rules for how programs run.

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

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 38 • No: 0

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 89 • No: 11

Senate vote 2/24/2026

Passed Senate

Yes: 39 • No: 0

Senate vote 2/23/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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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