Virginia Assembly approves bill to widen access to home and electronic incarceration

A bill advanced by State Del. Rae Cousins will enhance and reorganize Virginia’s home and electronic incarceration initiatives by adjusting eligibility rules and court procedures for certain defendants, according to the Virginia State House.

The legislation cleared both the House and Senate, enrolling on Feb. 26, 2026, after votes of 93-5 in the House and 39-0 in the Senate.

This bill, designated as HB857 and introduced Jan. 14, 2026, during the regular session, has been summarized by the state as: “Home/electronic incarceration program; court shall assign pregnant/postpartum persons to program.”

Below is a summary based on the bill text, with interpretive details for clarity.

The measure broadens and updates Virginia’s home and electronic incarceration programs. Courts will be required to assign eligible pregnant or postpartum defendants who have infant contact to home or electronic incarceration under certain conditions while excluding individuals with flight risks, dangers posed to family or the public, or specific violent or sexual convictions. The bill provides for pretrial assignment, requires sheriff approval before jail admin assignments in specific localities, and preserves current rules related to credits for good conduct, fees, wage allocation, and penalties for unauthorized exits.

In the House, 63 Democratic lawmakers and 30 Republicans supported the bill, as five Republicans voted against it.

In the Senate, the measure saw support from 21 Democrats and 18 Republicans.

Del. Rae Cousins (Democrat-79th District) sponsored the proposal, with co-sponsorship from Del. Delores L. McQuinn (Democrat-81st District), Del. Elizabeth B. Bennett-Parker (Democrat-5th District), and seven additional backers.

Cousins earned a bachelor’s degree from College of William and Mary in 2001, and a law degree from Howard University School of Law in 2010.

A Democrat, Cousins entered the Virginia State House in 2024, taking office as representative for the 79th House district and succeeding Nadarius Clark.

Virginia’s legislative process starts when a bill is introduced in either chamber, is assigned to one or more committees for evaluation and possible changes, moves to floor debate and a vote in both chambers if advanced, and, if passed by both, heads to the governor, who may sign, veto, or let it become law without approval. The annual regular session begins on the second Monday in January, and lawmakers introduce hundreds of bills, but only a portion are enacted each year.

Information in this article was obtained from the Virginia State House. The source data can be found here.