HB860 • 2026

Local & Reg. Jails, St. Bd.; standards, etc., regarding lactation policies for incarcerated persons.

An Act to direct the State Board of Local and Regional Jails to set minimum standards and regulations regarding lactation policies for incarcerated persons and their infants.

Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Cousins
Last action: 2026-04-08
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The official source does not specify the exact nature of the consultation process or the consequences for non-compliance with new lactation policies.

Setting Lactation Standards for Incarcerated People

This act requires the State Board of Local and Regional Jails to create rules by December 1, 2028, about lactation policies for people who are in jail and their babies.

What This Bill Does

Requires the State Board of Local and Regional Jails to make new rules about how jails should handle breastfeeding and pumping milk for incarcerated women and their infants.
In making these rules, the board must consider best practices related to lactation and incorporate them into regulations and standards set by the board.
The board needs to look at ways to help women who are in jail get support with breastfeeding, like having a place to pump milk and getting breast pumps if needed.
The board should also consider how often moms can see their babies and what kind of food they need while nursing.

Who It Names or Affects

People who are in jail or prison, especially women who are pregnant or have recently given birth.
Infants whose mothers are incarcerated.
Jail officials and staff who will follow new lactation policies.

Terms To Know

lactation: The process of producing milk to feed a baby, also known as breastfeeding or nursing.

Limits and Unknowns

It is not clear how much money will be needed to put these rules into place.
There are no details about what happens if jails do not follow the new lactation policies.

Bill History

2026-04-08 Governor
Approved by Governor-Chapter 434 (effective 7/1/2026)
2026-04-08 Governor
Acts of Assembly Chapter text (CHAP0434)
2026-03-14 House
Enrolled Bill communicated to Governor on March 14, 2026
2026-03-14 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-12 House
Signed by Speaker
2026-03-12 Senate
Signed by President
2026-03-12 House
Fiscal Impact Statement from Department of Planning and Budget (HB860)
2026-03-12 House
Enrolled
2026-03-12 House
Bill text as passed House and Senate (HB860ER)
2026-03-05 House
Senate substitute agreed to by House (98-Y 0-N 0-A)
2026-03-03 Senate
Read third time
2026-03-03 Senate
Engrossed by Senate - committee substitute
2026-03-03 Rules
Rules Substitute agreed to
2026-03-03 Senate
Passed Senate with substitute Block Vote 40-Y 0-N 0-A)
2026-03-02 Senate
Rules suspended
2026-03-02 Senate
Rules suspended
2026-03-02 Senate
Passed by for the day
2026-03-02 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)
2026-03-02 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-02 Rules
Fiscal Impact Statement from Department of Planning and Budget (HB860)
2026-02-27 Rules
Reported from Rules with substitute (13-Y 0-N)
2026-02-27 Senate
Senate committee offered
2026-02-27 Rules
Committee substitute printed 26108787D-S1
2026-02-03 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-03 Rules
Referred to Committee on Rules
2026-02-02 House
Read third time and passed House Block Vote (99-Y 0-N 0-A)
2026-01-30 House
Read second time and engrossed
2026-01-29 House
Read first time
2026-01-28 House
Fiscal Impact Statement from Department of Planning and Budget (HB860)
2026-01-27 Rules
Reported from Rules (18-Y 0-N)
2026-01-23 Studies Subcommittee
Subcommittee recommends reporting (5-Y 0-N)
2026-01-22 Studies Subcommittee
Assigned HRUL sub: Studies Subcommittee
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26103320D
2026-01-13 Rules
Referred to Committee on Rules

Official Summary Text

State
Board of Local and Regional Jails; standards and regulations for pregnant and postpartum incarcerated persons in local and regional correctional facilities; report.
Directs the State Board of Local and Regional Jails to set minimum standards and regulations regarding lactation policies for incarcerated persons and their infants by December 1, 2028. In developing such regulations and standards, the Board is directed to consider best practices related to lactation and how to incorporate such practices into the regulations and standards set by the Board.

Current Bill Text

Read the full stored bill text

An Act to direct the State Board of Local and Regional Jails to set minimum standards and regulations regarding lactation policies for incarcerated persons and their infants.
Be it enacted by the General Assembly of Virginia:
1.
§ 1. That the State Board of Local and Regional Jails (the Board) shall set minimum standards and regulations regarding lactation policies for incarcerated persons and their infants by December 1, 2028.
§ 2. In developing these regulations and standards, the Board shall consider the following best practices and how and whether they can be incorporated into such regulations and standards: (i) unless public safety requires otherwise, requiring jail officials and staff to defer to medical professionals during and after the birthing process regarding the care and treatment of the person giving birth, the postpartum contact and breastfeeding of the infant, and the extent to which the infant can remain with the mother prior to discharge; (ii) allowing an incarcerated person who has just given birth to have access to lactation support services; (iii) screening an incarcerated woman upon entry to a local or regional correctional facility to determine whether she has given birth within the last two years and whether she is currently lactating; (iv) providing accommodation for lactation, including providing a manual or electric breast pump and related storage bags, a private area to pump on a regular basis, a freezer, a system for proper storage of breast milk, and, when possible, the opportunity to provide such breast milk to the infant; (v) supporting frequent visiting arrangements that allow direct contact between an infant and a breastfeeding or non-breastfeeding birth parent who is incarcerated; (vi) providing appropriate supplemental nutrition for incarcerated persons who are nursing or lactating; and (vii) collecting and publicly reporting data to help state and local governments determine how to improve services and supports for nursing mothers and their children.
§ 3. In developing such regulations and standards, the Board shall consider research and literature regarding effective lactation practices and may consult with, and consider input from, formerly incarcerated persons, the Virginia Sheriffs' Association, the Virginia Association of Regional Jails, physicians, doulas, and others with direct experience working with incarcerated persons, advocates for incarcerated persons, faculty at universities with relevant expertise, and any other relevant stakeholders.
§ 4. For purposes of this act, "lactation" means the same as that term is defined in §
2.2-3905
of the Code of Virginia.