Virginia General Assembly Passes House Bill 357 Reforming Felony Arrest Bail Procedures

Sep 13, 2026, 10:30 AM ET

Official raises a gavel in a legislative chamber with Virginia and U.S. flags

RICHMOND — The Virginia General Assembly has completed action on House Bill 357, sponsored by Delegate Katrina Callsen, which adjusts the conditions under which individuals arrested for felonies may be released on secured or unsecured bonds. The bill, now enrolled and awaiting the governor’s consideration, removes previous mandates for secured bonds in specific cases while directing judicial officers to explicitly weigh certain risk factors in their decisions.

Under prior law outlined in Sections 19.2-120 and 19.2-123 of the Code of Virginia, any person arrested for a felony who had a previous felony conviction, was currently on bond for an unrelated arrest in any jurisdiction, or was on probation or parole was required to be released only on a secured bond. HB357 eliminates these automatic requirements for secured bonds. Instead, it incorporates these circumstances as explicit factors that judicial officers must consider when determining bail: the person’s current bond status for an unrelated arrest and whether the person is on probation or parole.

This shift emphasizes judicial discretion, ensuring that decisions on release account for an individual’s criminal history and current legal status to better assess risks to public safety and court appearance. The measure underscores the importance of tailored evaluations based on factual circumstances, including prior convictions and ongoing supervision, which are now statutorily highlighted.

Introduced on January 12, 2026, and referred to the House Committee on Courts of Justice, HB357 moved swiftly through the legislative process. On January 23, it was assigned to the Criminal Subcommittee, which recommended reporting the bill with amendments on January 28 by a vote of 8-1. The full Courts of Justice Committee followed suit on February 4, reporting it with amendments by 15-7.

Amendments from the House Courts of Justice Committee were technical in nature, including inserting ‘whether’ after line 30 and striking ‘person’s current status’ to insert ‘person is’ at the beginning of line 31 in the introduced version. These changes were agreed to during House floor consideration on February 9, when the bill was engrossed after second and third readings and passed by a vote of 62-35.

The bill crossed over to the Senate on February 10, where constitutional reading was dispensed. Referred to the Senate Committee on Courts of Justice, it was reported out on February 18 by 8-5-1. After rules suspension and passage by for the day on February 20, the Senate passed HB357 on February 23 by 20-18 following third reading.

Throughout the process, the Department of Planning and Budget issued multiple fiscal impact statements dated January 23, February 9, February 19, and February 25, 2026. Each concluded there is no anticipated impact on state agencies, as confirmed by the Office of the Executive Secretary of the Supreme Court of Virginia. This fiscal neutrality reflects responsible legislative stewardship, avoiding additional burdens on taxpayers amid ongoing budget considerations.

Signed by the Speaker of the House and the President of the Senate on February 25, the enrolled version of HB357 awaits gubernatorial action. The close floor votes—62-35 in the House and 20-18 in the Senate—highlight the deliberative nature of the debate, with strong committee majorities signaling thorough vetting of provisions that prioritize accountability in the justice system.

By removing rigid mandates and instead requiring judges to factor in prior felony convictions, existing bonds, and probation or parole status, the legislation promotes individualized justice while safeguarding community interests. This approach allows magistrates and judges to make informed determinations, potentially enhancing public confidence in the bail process through mandated attention to recidivism indicators.

Delegate Callsen, representing the 35th House District, served as the chief patron with no co-patrons listed. The bill’s progression through divided committees and chambers demonstrates legislative focus on refining criminal justice procedures to balance efficiency and safety. As Virginia continues to address court backlogs and pretrial release dynamics, HB357 positions the commonwealth to adapt its bond policies without incurring new costs, maintaining fiscal discipline.

With the 2026 Regular Session advancing, this measure stands as a key update to felony bail protocols, ensuring that critical elements like an arrestee’s legal history directly inform release decisions. Observers note the bill’s potential to streamline judicial workflows while embedding public safety considerations at the core of bail hearings.

Email the Richmond City Council:
Andrew Breton, andrew.breton@rva.gov,
Katherine Jordan, katherine.jordan@rva.gov,
Kenya Gibson, kenya.gibson@rva.gov,
Sarah Abubaker, sarah.abubaker@rva.gov,
Stephanie Lynch, stephanie.lynch@rva.gov,
Ellen Robertson, ellen.robertson@rva.gov,
Cynthia Newbille, cynthia.newbille@rva.gov,
Reva Trammell, reva.trammell@rva.gov,
Nicole Jones, nicole.jones@rva.gov,

Email the Richmond School Board:
Matthew Percival, mpercival@rvaschools.net,
Kathryn Ricard, kricard@rvaschools.net,
Ali Faruk, afaruk@rvaschools.net,
Wesley Hedgepeth, whedgepeth@rvaschools.net,
Stephanie Rizzi, srizzi@rvaschools.net,
Anne Holton, aholton@rvaschools.net,
Cheryl Burke, cburke2@rvaschools.net,
Emmett Jafari, ejafari@rvaschools.net,
Shavonda Fernandez, sdixon@rvaschools.net,

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