Virginia HB 35: Restorative housing and isolated confinement; restrictions on use.

Bill Text

2026 SESSION

INTRODUCED

26101905D

HOUSE BILL NO. 35

Offered January 14, 2026

Prefiled December 23, 2025

A BILL to amend and reenact § 53.1-39.2 of the Code of Virginia, relating to restorative housing and isolated confinement; restrictions on use.

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Patrons—Cole, J.G., Carroll, Hope, Keys-Gamarra, Clark, Cousins, Hernandez, McClure, Rasoul, Seibold and Tran; Senator: Bagby

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That § 53.1-39.2 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-39.2. Restorative housing or isolated confinement; restrictions on use.

A. As used in this section:

"Facility administrator" means the superintendent, warden, or person otherwise in charge of the correctional facility.

"Isolated confinement" means confinement of an incarcerated person to a cell for 17 hours or more per day, regardless of the name of the housing unit in which such confinement occurs.

"Lockdown" means the restriction of movement and privileges for an entire pod, housing unit, or facility, such that all individuals therein are confined to their cells for 20 or more hours per day, and out-of-cell programmatic interventions are interrupted.

"Medical evaluation" means an evaluation that is done for the purpose of determining whether the incarcerated person needs medical treatment and shall be done in a manner that is consistent with the signed recommendations of a medical practitioner.

"Medical practitioner" means a physician, physician's assistant, nurse practitioner, or practical nurse licensed in the Commonwealth or in the jurisdiction where the treatment is to be rendered or withheld.

"Mental health evaluation" means an evaluation that is carried out by a mental health professional for the purpose of determining the mental health needs of the incarcerated person and whether it is safe for the person to be placed in restorative housing.

"Mental health professional" means the same as that term is defined in § 54.1-2400.1 who is trained in mental health evaluations.

"Out-of-cell programmatic interventions" means that the incarcerated person is either in a congregate setting with other incarcerated persons receiving educational, vocational, rehabilitative, or therapeutic instruction or is individually with one or more staff members who will be offering medical, mental health, or some other social service.

"Recreation" means the space and opportunity for meaningful physical activity outside the cell and housing unit.

"Restorative housing" means special purpose bed assignments operated under maximum security regulations and procedures and utilized for the personal protection or custodial management of an incarcerated person.

B. No incarcerated person in a state correctional facility shall be placed in restorative housing or in isolated confinement by any designation for longer than 15 consecutive days, including any investigative time, in any 60-day period, unless (i) such incarcerated person requests placement in restorative housing or isolated confinement with informed voluntary consent,; (ii) such incarcerated person needs such confinement for his own protection, as determined and documented by the facility head or designee; (iii) there is a need to prevent an imminent threat of physical harm to the incarcerated person or another person, as determined and documented by the facility head or designee; (iv) the placement is necessary for medical isolation, as determined and documented by a licensed medical professional; or (iv) (v) such person's behavior threatens the orderly operation of the facility, provided that: presents a substantial threat to the safe operation of the facility and cannot be resolved through placement in any less-restrictive setting, as determined and documented in detail by the facility head or designee.

1. When an incarcerated person makes a request to be placed in restorative housing or isolated confinement for his own protection, the facility shall bear the burden of establishing a basis for refusing the request;, but before placing an incarcerated person in restorative housing or isolated confinement of any designation for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transfer to the general population of another institution or to a special-purpose housing unit for incarcerated persons who face similar threats, unless the incarcerated person faces a security risk so great that no less-restrictive setting would be sufficient or practicable to ensure the incarcerated person's safety.

2. An incarcerated person who is in restorative housing or isolated confinement for his own protection based on his request or with his informed voluntary consent may opt out of restorative housing or isolated confinement by voluntarily removing his consent to remain in restorative housing or isolated confinement by providing in