{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-39.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-39.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-39.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-39.2.html"}],"law_id":60777,"edition_id":1,"section_id":60777,"structure_id":13575,"section_number":"53.1-39.2","catch_line":"Restorative housing; restrictions on use","history":"2023, cc. 392, 393.","full_text":"A\n\nAs used in this section:\n\t\t\t“Facility administrator” means the superintendent, warden, or person otherwise in charge of the correctional facility.\n\t\t\t“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.\n\t\t\t“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.\n\t\t\t“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.\n\t\t\t“Mental health professional” means the same as that term is defined in § 54.1-2400.1 who is trained in mental health evaluations.\n\t\t\t“Restorative housing” means special purpose bed assignments operated under maximum security regulations and procedures and utilized for the personal protection or custodial management of an incarcerated person.B\n\nNo 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 (iv) such person’s behavior threatens the orderly operation of the facility, provided that:1\n\nWhen an incarcerated person makes a request to be placed in restorative housing for his own protection, the facility shall bear the burden of establishing a basis for refusing the request;2\n\nAn incarcerated person who is in restorative housing for his own protection based on his request or with his informed voluntary consent may opt out of restorative housing by voluntarily removing his consent to remain in restorative housing by providing informed voluntary refusal;3\n\nAn 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;4\n\nAn incarcerated person who has been placed in restorative housing for his own protection and is subject to removal from such confinement, not by his own request, shall be provided with a timely and meaningful opportunity to contest the removal; and5\n\nAn 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.C\n\nIf an incarcerated person is placed in restorative housing pursuant to subsection B, (i) such placement shall be reviewed once a week and the reason why a less restrictive setting could not be utilized shall be recorded in writing by the facility administrator and placed in the incarcerated person’s institutional file; (ii) the facility administrator shall document an action plan for transitioning the incarcerated person out of restorative housing as soon as safely possible; 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.D\n\nAn 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 facility.E\n\nThe facility administrator shall ensure that any incarcerated person placed in restorative housing, for any reason, is provided with a medical evaluation and a mental health evaluation within one workday of such placement, unless such evaluation was completed within the previous week.F\n\nThe facility administrator shall have a defined and publicly available policy and procedure for the process of transitioning an incarcerated person placed in restorative housing out of such restorative housing and back to the general population of the facility, subject to the approval of the Director.G\n\nNothing in this section shall be construed to prevent the placement of incarcerated persons in protective custody settings that do not constitute restorative housing.H\n\nThe Director shall develop policies and procedures to effectuate the provisions of this section.","order_by":null,"text":{"0":{"id":222195,"text":"As used in this section:\n\t\t\t“Facility administrator” means the superintendent, warden, or person otherwise in charge of the correctional facility.\n\t\t\t“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.\n\t\t\t“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.\n\t\t\t“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.\n\t\t\t“Mental health professional” means the same as that term is defined in § 54.1-2400.1 who is trained in mental health evaluations.\n\t\t\t“Restorative housing” means special purpose bed assignments operated under maximum security regulations and procedures and utilized for the personal protection or custodial management of an incarcerated person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222196,"text":"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 (iv) such person’s behavior threatens the orderly operation of the facility, provided that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":222197,"text":"When an incarcerated person makes a request to be placed in restorative housing for his own protection, the facility shall bear the burden of establishing a basis for refusing the request;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":222198,"text":"An incarcerated person who is in restorative housing for his own protection based on his request or with his informed voluntary consent may opt out of restorative housing by voluntarily removing his consent to remain in restorative housing by providing informed voluntary refusal;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":222199,"text":"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;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":222200,"text":"An incarcerated person who has been placed in restorative housing for his own protection and is subject to removal from such confinement, not by his own request, shall be provided with a timely and meaningful opportunity to contest the removal; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":222201,"text":"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.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":222202,"text":"If an incarcerated person is placed in restorative housing pursuant to subsection B, (i) such placement shall be reviewed once a week and the reason why a less restrictive setting could not be utilized shall be recorded in writing by the facility administrator and placed in the incarcerated person’s institutional file; (ii) the facility administrator shall document an action plan for transitioning the incarcerated person out of restorative housing as soon as safely possible; 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":222203,"text":"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 facility.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":222204,"text":"The facility administrator shall ensure that any incarcerated person placed in restorative housing, for any reason, is provided with a medical evaluation and a mental health evaluation within one workday of such placement, unless such evaluation was completed within the previous week.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":222205,"text":"The facility administrator shall have a defined and publicly available policy and procedure for the process of transitioning an incarcerated person placed in restorative housing out of such restorative housing and back to the general population of the facility, subject to the approval of the Director.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":222206,"text":"Nothing in this section shall be construed to prevent the placement of incarcerated persons in protective custody settings that do not constitute restorative housing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":222207,"text":"The Director shall develop policies and procedures to effectuate the provisions of this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13575,"edition_id":1,"name":"Treatment and Privileges of Prisoners","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:45:17","date_modified":"2026-06-26 03:45:17","permalink":{"id":237953,"object_type":"structure","relational_id":13575,"identifier":"2","token":"53.1\/2\/2","url":"\/53.1\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74229,"structure_id":13575,"section_number":"53.1-32","catch_line":"Treatment and control of prisoners; recreation; religious services","url":"\/53.1-32\/","token":"53.1\/2\/2\/53.1-32","metadata":false},{"id":82202,"structure_id":13575,"section_number":"53.1-32.01","catch_line":"Payment for bodily injury","url":"\/53.1-32.01\/","token":"53.1\/2\/2\/53.1-32.01","metadata":false},{"id":61447,"structure_id":13575,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","url":"\/53.1-32.1\/","token":"53.1\/2\/2\/53.1-32.1","metadata":false},{"id":54537,"structure_id":13575,"section_number":"53.1-32.2","catch_line":"Reentry planning","url":"\/53.1-32.2\/","token":"53.1\/2\/2\/53.1-32.2","metadata":false},{"id":86821,"structure_id":13575,"section_number":"53.1-33","catch_line":"Physical examination of prisoner; ability to work","url":"\/53.1-33\/","token":"53.1\/2\/2\/53.1-33","metadata":false},{"id":57204,"structure_id":13575,"section_number":"53.1-33.1","catch_line":"Mandatory testing for human immunodeficiency virus","url":"\/53.1-33.1\/","token":"53.1\/2\/2\/53.1-33.1","metadata":false},{"id":78467,"structure_id":13575,"section_number":"53.1-34","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-34\/","token":"53.1\/2\/2\/53.1-34","metadata":false},{"id":85311,"structure_id":13575,"section_number":"53.1-35","catch_line":"Correspondence privileges; receipt of publications","url":"\/53.1-35\/","token":"53.1\/2\/2\/53.1-35","metadata":false},{"id":63935,"structure_id":13575,"section_number":"53.1-35.1","catch_line":"Electronic visitation and messaging with inmates","url":"\/53.1-35.1\/","token":"53.1\/2\/2\/53.1-35.1","metadata":false},{"id":79492,"structure_id":13575,"section_number":"53.1-35.2","catch_line":"Visitation of certain prisoners by minor dependents","url":"\/53.1-35.2\/","token":"53.1\/2\/2\/53.1-35.2","metadata":false},{"id":60917,"structure_id":13575,"section_number":"53.1-36","catch_line":"Prisoners may assist in medical research programs","url":"\/53.1-36\/","token":"53.1\/2\/2\/53.1-36","metadata":false},{"id":69536,"structure_id":13575,"section_number":"53.1-37","catch_line":"Furloughs generally; travel expenses; penalties for violations","url":"\/53.1-37\/","token":"53.1\/2\/2\/53.1-37","metadata":false},{"id":56173,"structure_id":13575,"section_number":"53.1-38","catch_line":"When ineligible for furloughs","url":"\/53.1-38\/","token":"53.1\/2\/2\/53.1-38","metadata":false},{"id":56191,"structure_id":13575,"section_number":"53.1-39","catch_line":"Certain punishment of prisoners prohibited","url":"\/53.1-39\/","token":"53.1\/2\/2\/53.1-39","metadata":false},{"id":64457,"structure_id":13575,"section_number":"53.1-39.1","catch_line":"Restrictive housing; data collection and reporting; report","url":"\/53.1-39.1\/","token":"53.1\/2\/2\/53.1-39.1","metadata":false},{"id":60777,"structure_id":13575,"section_number":"53.1-39.2","catch_line":"Restorative housing; restrictions on use","url":"\/53.1-39.2\/","token":"53.1\/2\/2\/53.1-39.2","metadata":false},{"id":63340,"structure_id":13575,"section_number":"53.1-39.3","catch_line":"Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception","url":"\/53.1-39.3\/","token":"53.1\/2\/2\/53.1-39.3","metadata":false},{"id":66970,"structure_id":13575,"section_number":"53.1-40","catch_line":"Appointment of counsel for indigent prisoners","url":"\/53.1-40\/","token":"53.1\/2\/2\/53.1-40","metadata":false},{"id":72579,"structure_id":13575,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","url":"\/53.1-40.01\/","token":"53.1\/2\/2\/53.1-40.01","metadata":false},{"id":58640,"structure_id":13575,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","url":"\/53.1-40.02\/","token":"53.1\/2\/2\/53.1-40.02","metadata":false}],"previous_section":{"id":64457,"structure_id":13575,"section_number":"53.1-39.1","catch_line":"Restrictive housing; data collection and reporting; report","url":"\/53.1-39.1\/","token":"53.1\/2\/2\/53.1-39.1","metadata":false},"next_section":{"id":63340,"structure_id":13575,"section_number":"53.1-39.3","catch_line":"Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception","url":"\/53.1-39.3\/","token":"53.1\/2\/2\/53.1-39.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-39.2\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 392<\/a> and 393<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":69157,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","order_by":null,"url":"\/54.1-2400.1\/"}],"permalink":{"id":238015,"object_type":"law","relational_id":60777,"identifier":"53.1-39.2","token":"53.1\/2\/2\/53.1-39.2","url":"\/53.1-39.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-39.2\/","token":"53.1\/2\/2\/53.1-39.2","dublin_core":{"Title":"Restorative housing; restrictions on use","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-39.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Facility administrator<\/span>” means the superintendent, warden, or person otherwise in charge of the correctional facility.\n\t\t\t“Medical evaluation<\/span>” 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<\/span>.\n\t\t\t“Medical practitioner<\/span>” means a physician, physician’s assistant, nurse practitioner, or practical nurse licensed in the Commonwealth or in the jurisdiction<\/span> where the treatment is to be rendered or withheld.\n\t\t\t“Mental health evaluation<\/span>” means an evaluation that is carried out by a mental health professional<\/span> 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<\/span>.\n\t\t\t“Mental health professional<\/span>” means the same as that term is defined in § 54.1-2400.1<\/a> who is trained in mental health evaluations<\/span>.\n\t\t\t“Restorative housing<\/span>” means special purpose bed assignments operated under maximum security regulations and procedures and utilized for the personal protection or custodial management of an incarcerated person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No incarcerated person in a state correctional facility<\/span> shall be placed in restorative housing<\/span> unless (i) such incarcerated person requests placement in restorative housing<\/span> 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 (iv) such person’s behavior threatens the orderly operation of the facility, provided that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When an incarcerated person makes a request to be placed in restorative housing<\/span> for his own protection, the facility shall bear the burden of establishing a basis for refusing the request; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An incarcerated person who is in restorative housing<\/span> for his own protection based on his request or with his informed voluntary consent may opt out of restorative housing<\/span> by voluntarily removing his consent to remain in restorative housing<\/span> by providing informed voluntary refusal; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An incarcerated person placed in restorative housing<\/span> 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<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An incarcerated person who has been placed in restorative housing<\/span> for his own protection and is subject to removal from such confinement, not by his own request, shall be provided with a timely and meaningful opportunity to contest the removal; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An incarcerated person who has been placed in restorative housing<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an incarcerated person is placed in restorative housing<\/span> pursuant to subsection B, (i) such placement shall be reviewed once a week and the reason why a less restrictive setting could not be utilized shall be recorded in writing by the facility administrator<\/span> and placed in the incarcerated person’s institutional file; (ii) the facility administrator<\/span> shall document an action plan for transitioning the incarcerated person out of restorative housing<\/span> as soon as safely possible; and (iii) the facility administrator<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span> determines a lockdown is required to ensure the safety of the incarcerated persons in the facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The facility administrator<\/span> shall ensure that any incarcerated person placed in restorative housing<\/span>, for any reason, is provided with a medical evaluation<\/span> and a mental health evaluation<\/span> within one workday of such placement, unless such evaluation was completed within the previous week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The facility administrator<\/span> shall have a defined and publicly available policy and procedure for the process of transitioning an incarcerated person placed in restorative housing<\/span> out of such restorative housing<\/span> and back to the general population of the facility, subject to the approval of the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall be construed to prevent the placement of incarcerated persons in protective custody<\/span> settings that do not constitute restorative housing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Director<\/span> shall develop policies and procedures to effectuate the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTORATIVE HOUSING; RESTRICTIONS ON USE (\u00a7 53.1-39.2)\n\nA. As used in this section:\n\t\t\t“Facility administrator” means the superintendent, warden, or\nperson otherwise in charge of the correctional facility.\n\t\t\t“Medical evaluation” means an evaluation that is done for the\npurpose of determining whether the incarcerated person needs medical treatment\nand shall be done in a manner that is consistent with the signed recommendations\nof a medical practitioner.\n\t\t\t“Medical practitioner” means a physician, physician’s\nassistant, nurse practitioner, or practical nurse licensed in the Commonwealth\nor in the jurisdiction where the treatment is to be rendered or withheld.\n\t\t\t“Mental health evaluation” means an evaluation that is carried\nout by a mental health professional for the purpose of determining the mental\nhealth needs of the incarcerated person and whether it is safe for the person to\nbe placed in restorative housing.\n\t\t\t“Mental health professional” means the same as that term is\ndefined in § 54.1-2400.1 who is trained in mental health evaluations.\n\t\t\t“Restorative housing” means special purpose bed assignments\noperated under maximum security regulations and procedures and utilized for the\npersonal protection or custodial management of an incarcerated person.\n\nB. No incarcerated person in a state correctional facility shall be placed in\nrestorative housing unless (i) such incarcerated person requests placement in\nrestorative housing with informed voluntary consent, (ii) such incarcerated\nperson needs such confinement for his own protection, (iii) there is a need to\nprevent an imminent threat of physical harm to the incarcerated person or\nanother person; or (iv) such person’s behavior threatens the orderly\noperation of the facility, provided that:\n\n 1. When an incarcerated person makes a request to be placed in restorative\n housing for his own protection, the facility shall bear the burden of\n establishing a basis for refusing the request;\n\n 2. An incarcerated person who is in restorative housing for his own protection\n based on his request or with his informed voluntary consent may opt out of\n restorative housing by voluntarily removing his consent to remain in\n restorative housing by providing informed voluntary refusal;\n\n 3. An incarcerated person placed in restorative housing for his own protection\n (i) shall receive similar opportunities for activities, movement, and social\n interaction, taking into account his safety and the safety of others, as are\n provided to incarcerated persons in the general population of the facility and\n (ii) shall have such placement reviewed for assignment into protective\n custody;\n\n 4. An incarcerated person who has been placed in restorative housing for his\n own protection and is subject to removal from such confinement, not by his own\n request, shall be provided with a timely and meaningful opportunity to contest\n the removal; and\n\n 5. An incarcerated person who has been placed in restorative housing shall be\n offered a minimum of four hours of out-of-cell programmatic interventions or\n other congregate activities per day aimed at promoting personal development or\n addressing underlying causes of problematic behavior, which may include\n recreation in a congregate setting, unless exceptional circumstances mean that\n doing so would create significant and unreasonable risk to the safety and\n security of other incarcerated persons, the staff, or the facility.\n\nC. If an incarcerated person is placed in restorative housing pursuant to\nsubsection B, (i) such placement shall be reviewed once a week and the reason\nwhy a less restrictive setting could not be utilized shall be recorded in\nwriting by the facility administrator and placed in the incarcerated\nperson’s institutional file; (ii) the facility administrator shall\ndocument an action plan for transitioning the incarcerated person out of\nrestorative housing as soon as safely possible; and (iii) the facility\nadministrator shall document the date and duration of such placement, as well as\nthe statutory basis under this section for such placement, and include all such\ndocumentation in the incarcerated person’s institutional file.\n\nD. An incarcerated person may be offered less than four hours of out-of-cell\nprogrammatic interventions or other congregate activities per day only in the\ncircumstance that the facility administrator determines a lockdown is required\nto ensure the safety of the incarcerated persons in the facility.\n\nE. The facility administrator shall ensure that any incarcerated person placed\nin restorative housing, for any reason, is provided with a medical evaluation\nand a mental health evaluation within one workday of such placement, unless such\nevaluation was completed within the previous week.\n\nF. The facility administrator shall have a defined and publicly available policy\nand procedure for the process of transitioning an incarcerated person placed in\nrestorative housing out of such restorative housing and back to the general\npopulation of the facility, subject to the approval of the Director.\n\nG. Nothing in this section shall be construed to prevent the placement of\nincarcerated persons in protective custody settings that do not constitute\nrestorative housing.\n\nH. The Director shall develop policies and procedures to effectuate the\nprovisions of this section.\n\nHISTORY: 2023, cc. 392, 393.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}