Requires Judges to Weigh Mental Health History
Virginia · HB240 · Introduced Jan 8, 2026
Why it matters
People with recent mental health orders could face different bail decisions based on that history. Pregnant or nursing people can have that shown to the judge when bail is set.
What it does
- Judges must try to review any emergency custody or involuntary admission orders before bail hearings
- Police must tell judges about recent mental health orders they know of for the accused
- Judges must consider mental health history, including emergency custody orders, when deciding bail
- Judges must consider pregnancy, recent childbirth, or nursing when setting bail terms if shown
Status
Latest action (2026-07-21): Continued from last session
About this bill
Would require judges to get a person's criminal history and past emergency mental health orders before setting bail. Judges would also weigh mental health history, pregnancy, and danger to others when setting bail terms.
Perspectives
💬 The case for
Mental health groups would likely say judges need full history to make safer bail decisions. Family advocates would likely say pregnant and nursing people should be considered.
💬 The case against
Some defense groups would likely say mental health history could unfairly raise bail for people who have not been convicted. Civil liberties groups may worry about more information being shared.
Sponsored by
Sponsor details for this state bill are at the source link.
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