HB 857 Virginia House of Delegates · 2026 Regular Session

Home/electronic incarceration program; court shall assign pregnant/postpartum persons to program.

Summary
Home/electronic incarceration program. Provides that any court having jurisdiction for the trial of a pregnant person or a postpartum person who still has contact with their infant child and is charged with certain offenses shall assign the offender to a home/electronic incarceration program unless there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members, or the public. The bill also provides that a pregnant or postpartum person assigned to home/electronic incarceration shall remain eligible for bond.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Feb 2026
Vetoed
Apr 2026
Introduced Jan 13, 2026 Vetoed Apr 11, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Subcommittee #2 Subcommittee Substitute Enrolled · 3 edits · Feb 26, 2026
MINOR
The bill was finalized as an Enrolled Act, changing its status from a House Substitute to official law. The substantive text of the legislation remains largely the same, though it includes minor formatting updates (such as adding spaces around section symbols) and a new paragraph regarding the revocation of earned good conduct credit for certain felony prisoners.
Scope change
The bill's scope and applicability remain unchanged; it continues to govern home/electronic incarceration programs in Virginia.
TECHNICAL

The document header was updated from 'HOUSE SUBSTITUTE' to 'ENROLLED', indicating the bill has passed all legislative stages and is now official law.

Minor formatting changes were made throughout the text, specifically adding spaces around section symbols (e.g., changing '§53.1-116' to '§ 53.1-116').

REQUIREMENT

A new provision was added to § 53.1-116 stating that prisoners committed to jail for felony offenses committed on or after January 1, 1995, cannot earn more good conduct credit than allowed by existing state law.

Floor votes · Senate Feb 24, 2026 · House of Delegates Feb 5, 2026

How they voted

380
Passed · 1 other
Total votes 39
Feb 24, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
18 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
9
Committee
6
Apr 11, 2026
Vetoed
Governor's recommendation received by House
executive
Feb 26, 2026
Upper · Passed
Signed by President
upper
Feb 26, 2026
Lower · Passed
Signed by Speaker
lower
Feb 26, 2026
Lower · Passed
Bill text as passed House and Senate (HB857ER)
lower
Feb 24, 2026
Upper · Passed
Passed Senate (39-Y 0-N 0-A)
upper
Feb 23, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 20, 2026
Upper · Passed
Reported from Rehabilitation and Social Services (11-Y 0-N 4-A)
upper
Feb 6, 2026
Committee
Referred to Committee on Rehabilitation and Social Services
upper
Feb 5, 2026
Lower · Passed
Read third time and passed House (93-Y 5-N 0-A)
lower
Jan 30, 2026
Lower · Passed
Reported from Public Safety with substitute (21-Y 0-N)
lower
Jan 29, 2026
Lower · Passed
House subcommittee offered
lower
Jan 23, 2026
Committee
Assigned Public Safety sub: Subcommittee #2
lower
Jan 13, 2026
Committee
Referred to Committee on Public Safety
lower
1 primary · 9 co-sponsors

Sponsors