Virginia 2027 Regular Session Status: In Committee

HB 853 — Petition for modification of a sentence; eligibility, procedures, report.

Last action — Continued from last session

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

This bill is in committee in the House of Delegates. Introduced January 13, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House of Delegates.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 14% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill allows certain incarcerated individuals to petition for sentence modifications after serving specific time periods.

This bill establishes procedures for individuals with felony convictions to petition the circuit court for potential sentence modifications after serving defined timeframes. It also mandates the formation of a work group to develop best practices and improve victim notification systems related to these petitions.

What this means for you
  • Workers: If you are incarcerated, this bill could provide you a path to modify your sentence after serving certain years.

Summary

Petition for modification of a sentence; eligibility; procedures; report. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.

Bill Text

Action History

  1. Continued from last session

  2. Continued to next session in Courts of Justice (Voice Vote)

  3. Subcommittee recommends continuing to (Voice Vote)

  4. Racial and Ethnic Impact Statement From JLARC (2/9/2026 11:33 am)

  5. Fiscal Impact Statement from Department of Planning and Budget (HB853)

  6. Racial and Ethnic Impact Statement From JLARC (2/4/2026 10:34 am)

  7. Assigned HCJ sub: Criminal

  8. Fiscal Impact Statement from Department of Planning and Budget (HB853)

  9. Referred to Committee for Courts of Justice

  10. Prefiled and ordered printed; Offered 01-14-2026 26105027D

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Subjects

public-safety labor
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

What does HB 853 do?
Petition for modification of a sentence; eligibility; procedures; report. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.
Who sponsors HB 853?
HB 853 is sponsored by Rae Cousins.
What is the current status of HB 853?
This bill is in committee in the House of Delegates. Introduced January 13, 2026. It must pass committee before a floor vote.
Where can I track HB 853?
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