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SB 88 Enacted

Reapportionment; reallocation of populations, population data, civil commitment facilities.

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CHAPTER 552

An Act to amend and reenact § 24.2-314 of the Code of Virginia, relating to reapportionment; reallocation of populations; civil commitment facilities.

[S 88]

Approved April 13, 2026

Be it enacted by the General Assembly of Virginia:

1. That § 24.2-314 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-314 . Population data; reallocation of certain populations.

A. Persons incarcerated in federal correctional facilities and in state and local correctional facilities, as those terms are defined in § 53.1-1 , or persons civilly committed to a facility operated by the Department of Behavioral Health and Developmental Services pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 shall be counted and reallocated for redistricting and reapportionment purposes in accordance with the provisions of this section and the following:

1. A person incarcerated in a federal, state, or local correctional facility or a person civilly committed to a facility operated by the Department of Behavioral Health and Developmental Services pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 whose address at the time of incarceration or civil commitment was located within the Commonwealth shall be deemed to reside at such address.

2. A person incarcerated in a federal, state, or local correctional facility or a person civilly committed to a facility operated by the Department of Behavioral Health and Developmental Services pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 whose address at the time of incarceration or civil commitment was located outside of the Commonwealth or whose address at the time of incarceration or civil commitment cannot be determined shall be deemed to reside at the location of the facility in which he is incarcerated or civilly committed .

B. By July 1 of any year in which the decennial census is taken, the Department of Corrections and the State Board of Local and Regional Jails shall provide to the Division of Legislative Services, in a format specified by the Division of Legislative Services, the following information for each person who was incarcerated in a state or local correctional facility on April 1 of that year:

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