Restorative housing and isolated confinement; restrictions on use. (HB1244)

Introduced By

Del. Josh Cole (D-Fredericksburg) with support from co-patrons Del. Patrick Hope (D-Arlington), Del. Candi King (D-Woodbridge), and Del. Sam Rasoul (D-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every 48 hours and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reason or reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours. This bill is identical to SB 719. Read the Bill »


The Fiscal Impact Statement states that the exact cost of the legislation cannot be determined at this time, as it depends on various factors and unknown variables. However, it highlights potential costs related to the provisions of the bill. These include the potential need for additional correctional officers or correctional staff overtime if inmates are transferred to other facilities, which could cost $76,086 per officer per year. The cost of additional transport vehicles, if required, is estimated to be $63,000 per vehicle. The provision for reviewing placements in restorative housing or isolated confinement every 48 hours may require additional staff, such as Casework Counselors and Mental Health Clinicians, at an estimated cost of $3.9 million annually. The exact number of positions needed is unclear. Additionally, the bill may require additional Institutional Program Managers and Unit Managers, but the number needed is not specified. The provision for offering a minimum of four hours of out-of-cell programmatic interventions and one hour of recreation per day may also require additional correctional staff or overtime, but the extent of this need is not known. The fiscal impact on infirmary and medical observation units is still being assessed, and the statement may be revised if more information becomes available.

Summary generated automatically by OpenAI.


Bill Has Failed


01/10/2024Prefiled and ordered printed; offered 01/10/24 24104675D
01/10/2024Referred to Committee on Public Safety
01/22/2024Assigned PS sub: Public Safety
02/01/2024Subcommittee recommends reporting (4-Y 2-N)
02/01/2024Subcommittee recommends referring to Committee on Appropriations
02/02/2024Reported from Public Safety (12-Y 10-N) (see vote tally)
02/02/2024Referred to Committee on Appropriations
02/02/2024Assigned App. sub: Transportation & Public Safety
02/05/2024Impact statement from DPB (HB1244)
02/07/2024Subcommittee recommends reporting (5-Y 3-N)
02/07/2024Reported from Appropriations (11-Y 10-N) (see vote tally)
02/09/2024Read first time
02/12/2024Read second time and engrossed
02/13/2024Read third time and passed House (51-Y 48-N)
02/13/2024VOTE: Passage (51-Y 48-N) (see vote tally)
02/14/2024Impact statement from DPB (HB1244)
02/14/2024Constitutional reading dispensed
02/14/2024Referred to Committee on Rehabilitation and Social Services
02/16/2024Constitutional reading dispensed
02/16/2024Referred to Committee on Rehabilitation and Social Services
02/23/2024Reported from Rehabilitation and Social Services with amendments (8-Y 7-N) (see vote tally)
02/23/2024Rereferred to Finance and Appropriations
02/28/2024Reported from Finance and Appropriations (10-Y 5-N) (see vote tally)
02/29/2024Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/01/2024Read third time
03/01/2024Passed by for the day
03/04/2024Read third time
03/04/2024Reading of amendments waived
03/04/2024Committee amendments agreed to
03/04/2024Engrossed by Senate as amended
03/04/2024Passed Senate with amendments (20-Y 19-N)
03/05/2024Senate amendments agreed to by House (51-Y 49-N)
03/05/2024VOTE: Adoption (51-Y 49-N)
03/25/2024Bill text as passed House and Senate (HB1244ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
03/27/2024G Vetoed by Governor
04/17/2024House sustained Governor's veto


Bill Peabody writes:

What punishment options are available to incentivise behavior?

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