Virginia Code Title 19.2. Criminal Procedure § 19.2-11.14. Use of artificial intelligence-based tool

A. As used in this section, “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.

B. 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 tool shall be subject to any challenge or objection permitted by law.