This story was reported and written by VPM News.
Several juvenile justice reform bills that could reshape how Virginia approaches youth incarceration and rehabilitation are heading to Gov. Glenn Youngkin's desk.
State Sen. Lamont Bagby (D–Henrico) introduced two of the bills, one of which would outlaw youth shackling, after advocates brought the issue to his attention. Many states have already banned or limited the practice.
“From what I understand, it was about five courthouses or municipalities that were actually doing this,” said Bagby, who is also running for chairman of the Democratic Party of Virginia. “What I wanted to make sure was clear is that most Sheriff's offices in the commonwealth of Virginia were not only not doing this, but had huge issues with this being done.”
Currently, Virginia allows youth to be restrained, regardless of their behavior or severity of their offense, during court proceedings — a practice considered dehumanizing and unnecessary by its opponents. A list of sheriffs who implement this practice isn’t readily available.
“The presumption of innocence is lost when [they] come into the courtroom [shackled],” Valerie Slater, executive director of RISE for Youth said. “It also diminishes the perception that they are indeed young people — that they are children.”
Bagby’s bill would allow children to be restrained only if a judge determined it was needed for safety. And if that was the case, the court would need to communicate its decision verbally or in writing.
Bagby said the bill quickly became bipartisan during the General Assembly session, and he's confident Youngkin will sign it.
Another Bagby proposal headed to Youngkin’s desk would prohibit the use of restorative housing, a practice also known as solitary confinement.
While the bill was not explicitly written for youth, its inclusive language ensures those incarcerated at Bon Air Juvenile Correctional Center — Virginia's only youth prison — are automatically covered, making the fight for their protection easier, Slater said.
“Twenty-three hours a day in a small room is too much. It's too much for an adult mind, if we're talking about young people who are still developing and growing,” Slater said. “This bill would make a significant difference for those young people.”
Slater said she hopes if the bill is signed into law — and adhered to — it will require a significant reduction in the use of restorative housing at the youth facility.
“We have learned through many sources that it is unfortunately the [control] mechanism used most, often because of under-staffing within the Bon Air facility,” Slater said.
Last October, WTVR reported on safety conditions at Bon Air JCC, citing documents Slater obtained through public records requests — including an exit interview with a former employee who said youth were “constantly locked down due to the staff shortage, which is completely inhumane."
Bagby said he remains committed to reforms within Virginia’s correctional facilities — regardless of Youngkin’s decisions on his bills.
“This legislation is not the sole solution,” he said. “We have to consider that some of the jails are old and need to be replaced. And as we consider replacement, we also need to consider the fact that we have a number of beds that aren’t being used.”
A Youngkin spokesperson said the governor will review any bills that come to his desk. He'll have until midnight March 24 to sign or veto the legislation.
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