Virginia's relationship with solitary confinement is defined by a recurring pattern: the state renames the practice, claims it no longer uses solitary, and continues the same conditions under the new name. The practice was called "restrictive housing," then "restorative housing" -- and regardless of the label, people have continued to be held in isolation at Virginia's two supermax prisons, Red Onion State Prison (ROSP) and Wallens Ridge State Prison (WRSP).
In March 2023, Virginia passed its first statute addressing solitary confinement -- HB 2487/SB 887. The law required 4 hours out of cell per day, medical and mental health evaluation within one workday, and narrowed the criteria for placement. The 15-day cap that advocates sought was removed from the bill. Governor Youngkin vetoed a follow-up bill with a 15-day cap in 2024.
VDOC's response to the 2023 law was defiance: the director refused to create a new statewide policy, and the updated statewide Restorative Housing Unit policy that went into effect July 1, 2023 did not apply the new law -- despite being signed nearly four months after enactment.
In January 2026, a federal judge allowed an ACLU class action filed in 2019 -- challenging the constitutionality of solitary confinement at Red Onion and Wallens Ridge -- to proceed to trial. Named plaintiffs reported stays ranging from 2 to 24 years in solitary confinement.
What Solitary Confinement Is Called in Virginia
VDOC has used multiple names for solitary confinement:
- "Restrictive Housing" (prior to 2021): the American Correctional Association's term, defined as 20+ hours per day in a cell.
- "Restorative Housing" (from 2021 onward): VDOC's current term. VDOC claims "restorative housing" provides 4+ hours out of cell per day and therefore is not solitary confinement. Independent review and prisoner testimony have disputed whether this standard is consistently met.
- "Restorative Housing Units" (RHUs): The physical units at VDOC facilities where people in restorative housing are held.
- "Step-Down Program": A multi-phase program at ROSP and WRSP designed to provide a pathway from supermax conditions to general population. Operational since 2011.
VDOC's Virginia Code § 53.1-39.2 (as enacted by HB 2487/SB 887, effective March 2023) uses "restorative housing" and "isolated confinement" as the statutory terms.
Red Onion and Wallens Ridge
Red Onion State Prison (ROSP) in Pound, Virginia, and Wallens Ridge State Prison (WRSP) in Big Stone Gap, Virginia are Virginia's two supermax prisons. They are located in the southwestern coalfields region of Virginia -- hours from most of the state's population centers, creating significant barriers for family visits.
ROSP and WRSP are where Virginia's most serious long-term isolation occurs. The ACLU class action challenged conditions at both facilities. Named plaintiffs in that case reported being held in solitary conditions for 2 to 24 years. The Step-Down Program -- a multi-phase pathway to less restrictive housing -- operates at both facilities.
The 2023 Restorative Housing Law (Virginia Code § 53.1-39.2)
HB 2487/SB 887, signed in March 2023 and codified as Virginia Code § 53.1-39.2, was Virginia's first statute directly addressing solitary confinement. Key provisions:
Placement criteria: Isolated confinement is prohibited unless:
- Needed for the person's own protection.
- There is an imminent threat of physical harm to the person or others.
- The person's behavior threatens the orderly operation of the facility.
- The person requests placement with informed voluntary consent.
Out-of-cell time: People in restorative housing must be offered at least 4 hours per day of out-of-cell time.
Evaluation: A medical and mental health evaluation must be completed within one workday of placement in restorative housing.
What the law did not include: The 15-day cap sought by advocates was removed from the bill after Attorney General Jason Miyares intervened on behalf of VDOC. There is no maximum duration for restorative housing placement in Virginia statute.
VDOC's Defiance of the 2023 Law
Despite the March 2023 enactment, VDOC did not apply the new law to its updated statewide Restorative Housing Unit policy, which was signed and went into effect July 1, 2023 -- nearly four months after the law was enacted. VDOC's director reportedly refused to create a new statewide policy incorporating the law's requirements.
Independent reporting and prisoner accounts documented continued conditions equivalent to solitary confinement at ROSP and WRSP, despite VDOC's claims that the new policy had reformed practices.
Additional context: In 1985, VDOC entered into a settlement agreement (Brown v. Landon, E.D. Virginia) with the ACLU and Virginia prisoners in which VDOC agreed never to create another solitary confinement phase program. Advocates allege the ROSP/WRSP step-down program violates this settlement.
The 2019 ACLU Class Action
The ACLU of Virginia filed a class action against VDOC in 2019 on behalf of 12 named plaintiffs held at Red Onion and Wallens Ridge. The suit alleges that long-term and indefinite solitary confinement at these facilities violates the Eighth Amendment's prohibition on cruel and unusual punishment. Named plaintiffs reported solitary stays ranging from 2 to 24 years.
Key allegations: The committee of prison staff that reviews placement decisions meets in secret and does not document the rationale for its decisions, meaning people in the step-down program have no meaningful opportunity to understand or challenge the basis for their continued isolation.
In January 2026, a federal judge allowed the case to proceed to trial. The lawsuit has been in litigation for six years as of that ruling.
The 2024 Veto
In 2024, Governor Glenn Youngkin vetoed a bill that would have placed a 15-day cap on restorative housing placement. This was the follow-up to the 2023 law that advocates sought after the 15-day limit was stripped from HB 2487/SB 887.
The Step-Down Program
VDOC's Step-Down Program at ROSP and WRSP was created in 2011 as a pathway from the most restrictive conditions at those prisons to general population. The program has multiple phases; people in earlier phases face more restrictions, and restrictions are supposed to decrease as each phase is successfully completed.
Advocates and the ACLU class action have documented problems with the program: the review committee meets in secret without documented rationale; people can be held in the program indefinitely; and there have been documented instances of retaliation -- people being placed in the step-down program after speaking to journalists or attorneys, or people released from it without completing it when media attention increased.
What Families Can Do
If your person is in restorative housing or the Step-Down Program at Red Onion, Wallens Ridge, or another Virginia prison:
Find where your person is housed. VDOC provides an offender search at vadoc.virginia.gov. This confirms current facility and housing status. Note: ROSP (Pound) and WRSP (Big Stone Gap) are in far southwestern Virginia.
Contact the facility. Contact ROSP or WRSP administration through vadoc.virginia.gov. Ask specifically: What phase of the Step-Down Program is your person in? What criteria must be met to advance? What is the review schedule? Who sits on the review committee?
Know the 2023 law's requirements. Under Virginia Code § 53.1-39.2: placement in restorative housing must meet one of the four statutory criteria; 4 hours out of cell per day must be offered; medical and mental health evaluation must occur within one workday. If these requirements are not being met, document this and file a grievance.
Document placement secrecy. The ACLU class action specifically challenges the secret, undocumented nature of the review committee's decisions. If your person is being held in the step-down program without written documentation of why they haven't advanced, this is a central issue in the ongoing litigation. Document what you know.
Know that the program has no statutory maximum duration. Virginia has no statute capping the duration of restorative housing. People have been held for 2-24 years. File grievances for extended placements without documented justification.
Monitor the ACLU class action. The ACLU class action (filed 2019, allowed to proceed to trial January 2026) directly challenges ROSP and WRSP conditions. Monitor this case for any injunctive relief or settlement terms. Contact the ACLU of Virginia for the current status.
File a grievance. VDOC has an administrative grievance process. Help your person file formal grievances for 2023 law violations (failure to provide 4 hours out-of-cell, failure to conduct mental health evaluation within one workday, placement outside the statutory criteria), step-down program secrecy, and retaliation placements.
Contact the ACLU of Virginia. The ACLU of Virginia (acluva.org) is the lead litigant against VDOC solitary confinement and the primary legal resource for Virginia prisoners in isolation.
Contact the Virginia Interfaith Center for Public Policy. VICPP (virginiainterfaithcenter.org) has been the lead legislative advocate for solitary confinement reform in Virginia and may be able to provide referrals.
Seek legal help. If your person is at ROSP or WRSP and has been in the step-down program for years without advancement, if the 2023 law's requirements are being violated, or if placement was in retaliation for protected activity, consult a prisoner rights attorney familiar with Virginia federal courts.
Frequently asked questions
What is solitary confinement called in Virginia prisons?
VDOC calls it "restorative housing" -- the most recent in a series of renamed terms including "restrictive housing" and "administrative segregation." Virginia Code § 53.1-39.2 (enacted March 2023) uses "restorative housing" and "isolated confinement." VDOC claims its current restorative housing provides 4+ hours out of cell per day and is not solitary confinement; the ACLU and independent monitors have disputed whether this is consistently true.
What did Virginia's 2023 restorative housing law require?
HB 2487/SB 887 (Virginia Code § 53.1-39.2, effective March 2023): prohibited restorative housing placement unless for the person's protection, to address an imminent threat, to address behavior threatening facility operations, or with voluntary informed consent; required 4 hours out-of-cell per day; required medical and mental health evaluation within one workday. The 15-day cap advocates sought was removed before passage. There is no statutory maximum duration.
What is the Step-Down program at VA supermax prisons?
The Step-Down Program at Red Onion State Prison (Pound) and Wallens Ridge State Prison (Big Stone Gap) was created in 2011 as a multi-phase pathway from supermax isolation to general population. People in earlier phases have more restrictions; restrictions decrease as each phase is completed. Advocates and the ACLU class action have documented that the review committee meets in secret without documented rationale, people can be held indefinitely, and there are documented instances of retaliation.
Did VDOC comply with the 2023 restorative housing law?
Not according to independent reporting and prisoner accounts. VDOC's director reportedly refused to create a new statewide policy incorporating the 2023 law's requirements. The updated statewide Restorative Housing Unit policy that went into effect July 1, 2023 -- nearly four months after the law's enactment -- did not apply the law. A court-appointed independent monitor had previously concluded that VDOC was isolating people with mental illnesses for 23+ hours per day, contradicting VDOC's claims.
What is the ACLU class action against VDOC solitary?
Filed in 2019 against VDOC, the ACLU class action challenges solitary confinement at Red Onion and Wallens Ridge State Prisons as cruel and unusual punishment under the Eighth Amendment. Named plaintiffs reported solitary stays ranging from 2 to 24 years. In January 2026, a federal judge allowed the case to proceed to trial after six years of litigation. The suit specifically challenges the secret, undocumented review committee process that leaves people unable to meaningfully contest their continued isolation.
How long can someone stay in solitary in Virginia?
Indefinitely -- there is no maximum duration in Virginia statute. The 15-day cap sought in 2023 was removed from HB 2487/SB 887. A similar bill was vetoed by Governor Youngkin in 2024. Named plaintiffs in the ACLU class action had been in solitary for 2 to 24 years at the time of the lawsuit's filing.
Are mentally ill prisoners protected from solitary in VA?
The 2023 law requires a medical and mental health evaluation within one workday of placement in restorative housing. However, there is no statutory prohibition on placing people with serious mental illness in restorative housing. A court-appointed independent monitor's report found that VDOC was isolating people with mental illnesses for 23+ hours per day -- contradicting VDOC's claims that restorative housing was not solitary confinement.
What happened with Virginia solitary legislation in 2024?
Governor Glenn Youngkin vetoed a bill that would have placed a 15-day cap on restorative housing placement. This was the legislative follow-up to the 2023 HB 2487/SB 887, which had the 15-day cap removed before passage through Attorney General Miyares's intervention. Virginia remains without a statutory duration limit on restorative housing as of 2025.
Can families visit someone in Virginia restorative housing?
Visiting is typically restricted in restorative housing, particularly at ROSP and WRSP, which are in far southwestern Virginia -- hours from the state's population centers. Contact the specific facility to confirm current visiting rules before traveling. ROSP is in Pound, VA; WRSP is in Big Stone Gap, VA. VDOC facility contact information is at vadoc.virginia.gov.
What can families do if someone is in VA solitary?
Use VDOC's offender search at vadoc.virginia.gov to find your person. Contact the facility to confirm housing category, step-down program phase, review schedule, and criteria for advancement. Know the 2023 law's requirements (4 hours out-of-cell, one-workday evaluation). Document any conditions not meeting these requirements. File grievances. Monitor the ACLU class action (filed 2019, allowed to proceed to trial January 2026). Contact ACLU of Virginia (acluva.org) or Virginia Interfaith Center for Public Policy (virginiainterfaithcenter.org) for advocacy support. ---