Virginia HB 1280: State correctional facilities; participation of prisoners in employment & education program, report.

Bill Text

2026 SESSION

INTRODUCED

26104959D

HOUSE BILL NO. 1280

Offered January 14, 2026

A BILL to amend and reenact §§ 53.1-32.1 and 53.1-32.2 of the Code of Virginia, relating to state correctional facilities; participation of prisoners in employment and educational programs; reentry planning.

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Patrons—Cole, J.G., Carroll, Keys-Gamarra, Anderson, Clark, Cole, N.T., Cousins, Henson, LeVere Bolling, Price, Shin and Watts; Senator: Aird

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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 §§ 53.1-32.1 and 53.1-32.2 of the Code of Virginia are amended and reenacted as follows:

§ 53.1-32.1. Classification system; program assignments; mandatory participation.

A. The Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including career and technical education, work activities and employment, academic activities which at a minimum meet the requirements of § 66-13.1, group and individual counseling, alcohol and substance abuse treatment recovery training, technological literacy training, socioemotional development, mental health and wellness support, health literacy, relationship skills, social capital skills development, financial literacy, and such related activities as may be necessary to assist prisoners in the successful transition to and reintegration into and ability to thrive in free society and the broader community with gainful employment.

B. The Director shall, subject to the availability of resources and sufficient program assignments within (i) 90 days of a prisoner who has been sentenced to a new term of confinement arriving at a state correctional facility or (ii) 60 days of a prisoner already in custody being transferred to a new state correctional facility, place make available to all prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner's needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director may suspend programs in the event of an institutional emergency.

C. For the purposes of implementing the requirements of subsection B, prisoners the Director shall be required make available to all prisoners and such prisoners shall participate in such programs according to the following schedule:

1. From July 1, 1994, through June 30, 1995, an average of 24 hours per week.

2. From July 1, 1995, through June 30, 1996, an average of 28 hours per week.

3. From July 1, 1996, through June 30, 1997, an average of 30 hours per week.

4. From July 1, 1997, through June 30, 1998, an average of 36 hours per week.

5. From July 1, 1998, and thereafter through June 30, 2026, an average of 40 hours per week.

6. From July 1, 2026, and thereafter, an average of 30 hours per week for each prisoner to be calculated individually across the calendar year.

D. Notwithstanding any other provision of law, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25 and the Director shall prescribe appropriate disciplinary action.

E. The Director shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director may, consistent with § 53.1-43, establish a system of pay incentives for such assignments based upon difficulty and level of effort required.

F. Inmates employed pursuant to Article 2 (§ 53.1-32 et seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, Chapter 6 (§ 60.2-600 et seq.) of Title 60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees.

G. No prisoner shall be disqualified from or classified as a lower priority to participate in any program pursuant to this section solely due to the length of such prisoner's original or remaining length of sentence, type of conviction, or participation in any other program. 

H. Upon enrollment in any program, the Director shall ensure that disruptions to enrollment and attendance, such as suspension or removal from a program, are minimized to the extent practicable. No prisoner shall be suspended, disqualified, or removed from a program prior to completing such program for any disciplinary or security purpose except upon (i) an emergency transfer to anoth