WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A) As used in this section, "artificial intelligence-based toolArtificial intelligence-based tool"Artificial intelligence-based tool" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.Va. Code § 19.2-11.14(A)" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.
(B) 1 All decisions related to the pre-trial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation of criminal offenders shall be made by the judicial officer or other person charged with making such decision. No such decision shall be made without the involvement of a human decision-maker. The use of any recommendation or prediction from an artificial intelligence-based toolArtificial intelligence-based tool"Artificial intelligence-based tool" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.Va. Code § 19.2-11.14(A) shall be subject to any challenge or objection permitted by law.
This section establishes a new chapter in Title 19.2 of the Code of Virginia governing the use of AI-based tools in criminal justice decision-making. It defines artificial intelligence-based tool broadly to encompass machine learning models, predictive analytics, and decision support systems that analyze data and generate recommendations or predictions.
The operative requirement is a mandatory human-in-the-loop rule: all decisions related to pre-trial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation must be made by the judicial officer or other authorized person — no such decision may be made without human decision-maker involvement. The section also expressly preserves the right to challenge or object to any AI recommendation or prediction under existing procedural law.