Senate unanimously passes bill favoring home electronic incarceration for pregnant and postpartum women when possible

Senate of Virginia · February 24, 2026

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Summary

House Bill 8 57 passed the Senate 39–0; it establishes a statutory presumption (rebuttable) that pregnant, postpartum and nursing women in jails should be placed on home electronic incarceration when possible, and clarifies the postpartum period definition.

The Senate passed House Bill 8 57 on Feb. 24, creating a rebuttable statutory presumption that pregnant, postpartum and nursing women in Virginia jails be placed on home electronic incarceration (HEI) when appropriate.

Senator from Western Henrico said the measure "helps protect pregnant postpartum and nursing women and their children who are incarcerated in Virginia" by creating a presumption — not a mandate — that HEI be used when possible. The sponsor said the presumption is rebuttable if authorities determine the individual poses a threat to self or others or a flight risk. The bill also clarified how the postpartum period is defined in the code (the sponsor noted the current statutory definition and how HEI permission can be granted).

Supporters framed the change as improving health outcomes and mother–child bonding. The bill passed unanimously on the Senate floor (39–0).

Votes at a glance: House Bill 8 57 — passed, Ayes 39, Noes 0.