SB 1409

Abstract

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 the 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, to inform him of any reason or reasons administrative officials believe isolated confinement remains necessary and give him an opportunity to respond to those reasons and that a formal ruling shall be provided to the incarcerated person within 24 hours. The bill has a delayed effective date of July 1, 2026, and is identical to HB 2647.

An Act to amend and reenact § 53.1-39.2 of the Code of Virginia, relating to restorative housing and isolated confinement; restrictions on use.