Virginia AI law: human decisions in criminal justice
A bounded reference to selected enacted measures and their limits, updated October 5, 2026. Provision verification dates appear separately from this analysis date.
Source status reviewed
October 5, 2026
Published analysis updated
October 5, 2026
Scope
Selected measures; statewide review incomplete
Selected laws in force
In force since 2025-07-01 · provision verified 2026-10-05
Human Decisions in Criminal Justice
Code section 19.2-11.14 requires a human decision-maker to be involved in specified criminal justice decisions, including detention, prosecution, sentencing, parole, and rehabilitation. Recommendations or predictions from an AI tool remain subject to challenges or objections permitted by law.
The legally responsible person must make covered decisions.
Procedural challenge
Existing law determines available challenges to AI recommendations.
Analysis · October 5, 2026
Virginia preserves responsibility with the official charged with making the decision. The provision permits use of recommendations while requiring human involvement. It does not establish a new universal appeal procedure, a ban on all decision support, or a general rule for private-sector AI.
Coverage still under review
Verify 2026 chapters 48 and 425, HB 2094 veto/override history, HB 1294 continuation, DCJS implementation, and litigation. Selected current and concluded bills, agency rules, enforcement, and litigation have not been comprehensively screened. An omitted measure is not a finding that no relevant law exists.
Scope and method
This update expands the existing selected-law baseline using official legislative texts, codification, bill histories, and agency material. It distinguishes the act’s effective date from later duties and does not infer implementation from the passage of a deadline.
The analysis date is not a new verification date for every provision. Earlier dates remain where final text or date evidence was inaccessible. Only the separately identified in-force records enter the national export; proposed, future, and uncertain measures are excluded.