VA HB857

Courts must assign pregnant persons and postpartum persons who still have contact with their infant child to home/electronic incarceration programs instead of jail confinement, provided such programs exist and the person is a suitable candidate.

Pregnant and postpartum persons are ineligible for the program if there is probable cause to believe they will not appear for trial or pose an unreasonable danger to themselves, family members, or the public.

Persons convicted of serious violent crimes remain excluded from home/electronic incarceration, including murder, manslaughter, kidnapping, malicious assault, robbery, and felony sexual assault.

Postpartum persons may continue in the home/electronic incarceration program after the postpartum recovery period ends, as long as they remain suitable candidates.

The bill amends Virginia Code §§ 53.1-116 and 53.1-131.2, defining "postpartum person" by reference to the existing definition of postpartum recovery in § 53.1-133.06.