Virginia 2023 Regular Session Status: Enacted

SB 887 — Correctional facilities; use of restorative housing.

Last action — Acts of Assembly Chapter text (CHAP0393)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 23, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 10 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

68 added · 66 removed

Plain-language change summary

The recent amendments to Bill SB 887 clarify the definitions and restrictions around "restorative housing" in Virginia's correctional facilities. Key changes include a more specific definition of medical and mental health evaluations and their purposes in determining whether an incarcerated person can be placed in restorative housing. This matters because it ensures that individuals are only placed in this secure setting after careful assessment, potentially improving their safety and treatment in the correctional system.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend the Code of Virginia by adding a section numbered 53.1-39.2, relating to correctional facilities;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 393 An Act to amend the Code of Virginia by adding a section numbered 53.1-39.2, relating to correctional facilities;
R O [S 887] Approved L L Be it enacted by the General Assembly of Virginia:
[S 887] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:
E § 53.1-39.2.
§ 53.1-39.2.
D "Facility administrator" means the superintendent, warden, or person otherwise in charge of the correctional facility.
A.
"Medical evaluation" means an evaluation that is done for the purpose of determining whether the incarcerated person needs medical treatment and shall be done in a manner that is consistent with the signed recommendations of a medical practitioner.
As used in this section:
"Medical practitioner" means a physician, physician's assistant, nurse practitioner, or practical nurse licensed in the Commonwealth or in the jurisdiction where the treatment is to be rendered or wiBhheld.
"Facility administrator" means the superintendent, warden, or person otherwise in charge of the correctional facility.
"Mental health evaluation" means an evaluation that is carried out by a mental health profes8ional for the person to be placed in restorative housing.eds of the incarcerated person and whether iE is safe "Mental health professional" means the same as that term is defined in § 54.1-2400.1 who is trained in mental health evaluations.
"Medical evaluation" means an evaluation that is done for the purpose of determining whether the signed recommendations of a medical practitioner.hall be done in a manner that is consistent with the "Medical practitioner" means a physician, physician's assistant, nurse practitioner, or practical nurse licensed in the Commonwealth or in the jurisdiction where the treatment is to be rendered or withheld.
"Mental health evaluation" means an evaluation that is carried out by a mental health professional for the purpose of determining the mental health needs of the incarcerated person and whether it is safe for the person to be placed in restorative housing.
"Mental health professional" means the same as that term is defined in § 54.1-2400.1 who is trained in mental health evaluations.
No incarcerated person in a state correctional facility shall be placed in restorative housing unless (i) such incarcerated person requests placement in restorative housing with informed voluntary need to prevent an imminent threat of physical harm to the incarcerated person or another person;
No incarcerated person in a state correctional facility shall be placed in restorative housing unless (i) such incarcerated person requests placement in restorative housing with informed voluntary consent, (ii) such incarcerated person needs such confinement for his own protection, (iii) there is a need to prevent an imminent threat of physical harm to the incarcerated person or another person;
or a (iv) such person's behavior threatens the orderly operation of the facility, provided that:
or (iv) such person's behavior threatens the orderly operation of the facility, provided that:
An incarcerated person placed in restorative housing for his own protection (i) shall receive the safety of others, as are provided to incarcerated persons in the general population of the facility and (ii) his placement shall be reviewed for assignment into protective custody;
An incarcerated person placed in restorative housing for his own protection (i) shall receive similar opportunities for activities, movement, and social interaction, taking into account his safety and the safety of others, as are provided to incarcerated persons in the general population of the facility and (ii) shall have such placement reviewed for assignment into protective custody;
An incarcerated person who has been placed in restorative housing shall be offered a minimum of four hours of out-of-cell programmatic interventions or other congregate activities per day aimed at promoting personal development or addressing underlying causes of problematic behavior, which may create significant and unreasonable risk to the safety and security of other incarcerated persons, the staff, or the facility.
An incarcerated person who has been placed in restorative housing shall be offered a minimum of four hours of out-of-cell programmatic interventions or other congregate activities per day aimed at promoting personal development or addressing underlying causes of problematic behavior, which may include recreation in a congregate setting, unless exceptional circumstances mean that doing so would create significant and unreasonable risk to the safety and security of other incarcerated persons, the staff, or the facility.
and (iii) the facility administrator shall document the date and duration of such placement, as well as the statutory basis institutional file.for such placement, and include all such documentation in the incarcerated person's D.
and (iii) the facility administrator shall document the date and duration of such placement, as well as the statutory basis under this section for such placement, and include all such documentation in the incarcerated person's institutional file.
An incarcerated person may be offered less than four hours of out-of-cell programmatic of 2 interventions or other congregate activities per day only in the circumstance that the facility administrator determines a lockdown is required to ensure the safety of the incarcerated persons in the facility.
D.
An incarcerated person may be offered less than four hours of out-of-cell programmatic interventions or other congregate activities per day only in the circumstance that the facility administrator determines a lockdown is required to ensure the safety of the incarcerated persons in the of 2 facility.
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Action History

  1. Acts of Assembly Chapter text (CHAP0393)

  2. Approved by Governor-Chapter 393 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 13, 2023

  5. Signed by Speaker

  6. Signed by President

  7. Impact statement from DPB (SB887ER)

  8. Bill text as passed Senate and House (SB887ER)

  9. Enrolled

  10. VOTE: Adoption (91-Y 1-N)

  11. Conference report agreed to by House (91-Y 1-N)

  12. Conference report agreed to by Senate (38-Y 2-N)

  13. Amended by conference committee

  14. Delegates: Davis, Bell, Campbell, E.H.

  15. Conferees appointed by House

  16. Senators: Morrissey, Favola, Locke

  17. Conferees appointed by Senate

  18. Senate acceded to request (39-Y 0-N)

  19. House requested conference committee

  20. House insisted on substitute

  21. House requested conference committee

  22. House insisted on substitute

  23. Placed on Calendar

  24. House substitute rejected by Senate (11-Y 28-N)

  25. VOTE: Block Vote Passage (98-Y 0-N)

  26. Passed House with substitute BLOCK VOTE (98-Y 0-N)

  27. Engrossed by House - committee substitute SB887H1

  28. Committee substitute agreed to 23106588D-H1

  29. Read third time

  30. Impact statement from DPB (SB887H1)

  31. Read second time

  32. Committee substitute printed 23106588D-H1

  33. Reported from Public Safety with substitute (22-Y 0-N)

  34. Referred to Committee on Public Safety

  35. Read first time

  36. Placed on Calendar

  37. Impact statement from DPB (SB887E)

  38. Read third time and passed Senate (24-Y 16-N)

  39. Printed as engrossed 23102912D-E

  40. Engrossed by Senate as amended SB887E

  41. Committee amendment agreed to

  42. Reading of amendment waived

  43. Read second time

  44. Constitutional reading dispensed (38-Y 0-N)

  45. Reported from Finance and Appropriations with amendment (12-Y 3-N)

  46. Senate committee, floor amendments and substitutes offered

  47. Senate committee, floor amendments and substitutes offered

  48. Impact statement from DPB (SB887)

  49. Rereferred to Finance and Appropriations

  50. Reported from Rehabilitation and Social Services (8-Y 5-N)

  51. Referred to Committee on Rehabilitation and Social Services

  52. Prefiled and ordered printed; offered 01/11/23 23102912D

Sponsors

  • Morrissey · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Morrissey

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 887?
SB 887 is sponsored by Morrissey.
What is the current status of SB 887?
This bill has been enacted into law. Introduced January 04, 2023. Enacted.
Where can I track SB 887?
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