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Subcommittee backs presumption for home electronic incarceration for pregnant and postpartum people and requires facility maternal-data reporting
Summary
Lawmakers approved HB 857 to create a presumption favoring home electronic incarceration for pregnant, nursing and postpartum people and advanced HB 861 to require periodic reporting on pregnant and postpartum populations and outcomes; supporters said both measures protect health and family bonds, while courts and agencies asked for technical language to implement.
The subcommittee reported two bills aimed at protecting pregnant and postpartum people involved in the criminal justice system and better tracking outcomes.
HB 857 (substitute), sponsored by Delegate Cousins, creates a statutory presumption (not absolute) that pregnant and nursing people awaiting trial or serving time should be placed on home electronic incarceration where appropriate; exclusions include individuals who pose a threat to themselves or others, flight risks, or those convicted of enumerated serious offenses. The substitute clarifies postpartum definitions and preserves agency discretion where safety concerns exist.
HB 861 requires jails and prisons to collect and submit data on pregnant and postpartum populations and related health outcomes; a substitute amended reporting frequency (monthly to quarterly for some facilities) and required that data be forwarded to the maternal mortality review team and legislative committee chairs. Supporters said more accurate data is necessary to craft policy and ensure accountability; UVA law students who assisted patrons presented the policy rationale.
Committee action: Both bills were reported as substituted by unanimous recorded votes in the subcommittee. Members requested further work on metrics and implementation in consultation with agencies to ensure reportability and privacy protections.
