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Developed and maintained by the Division of Legislative Automated Systems.
2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-309.3 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-309.3. Establishment of a community-based system of services; biennial local plan; quarterly report.
A. Any county, city or combination thereof may establish a community-based
system pursuant to this article, which shall provide, or arrange to have
accessible, a variety of predispositional and postdispositional services. These
services may include, but are not limited to, diversion, community service,
restitution, house arrest, intensive juvenile supervision, substance abuse
assessment and testing, first-time offender programs, intensive individual and
family treatment, structured day treatment and structured residential programs,
aftercare/parole community supervision and residential and nonresidential
services for juvenile offenders who are before intake on complaints or the
court on petitions alleging that the juvenile is delinquent, in need of
services or in need of supervision but shall not include secure detention for
the purposes of this article. Such community-based systems shall be based on an
annual review of court-related data and an objective assessment of the need for
services and programs for juveniles before intake on complaints or the court on
petitions alleging that the juvenile is a child in need of services, in need of
supervision, or delinquent. The community- based system shall be developed
after consultation with the judge or judges of the juvenile and domestic relations
district court, the director of the court services unit and, the community
policy and management team established under § 2.1-751, and, if applicable, the
director of any program established pursuant to § 66-26.
B. Community-based services instituted pursuant to this article shall be
administered by a county, city or combination thereof, and may be administered
through a community policy and management team established under § 2.1-750 or a
commission established under § 16.1-315. Such programs and services may be
provided by qualified public or private agencies, pursuant to appropriate contracts.
Any commission established under § 16.1-315 providing predispositional and
postdispositional services prior to the enactment of this article which serves a
member jurisdiction that is a city having a population between 135,000 and 165,000
shall directly receive, during the period fiscal year 1995 through fiscal year
2000, the proportion of funds calculated under § 16.1-309.7 on behalf of the
owner localities. During the period fiscal year 1995 through fiscal year 2000,
The funds received shall be allocated directly to the member localities. Any member
locality which elects to withdraw from the commission shall be entitled to its full
allocation as provided in §§ 16.1-309.6 and 16.1-309.7. The Department of
Juvenile Justice shall provide technical assistance to localities, upon request, for
establishing or expanding programs or services pursuant to this article.
C. Funds provided to implement the provisions of this article shall not be used to supplant funds established as the state pool of funds under § 2.1-757.
D. Any county, city or combination thereof which establishes a community-based
system pursuant to this article shall biennially submit to the State Board for
approval a local plan for the development, implementation and operation of such
services, programs and facilities pursuant to this article. The plan shall
provide (i) the projected number of juveniles served by alternatives to secure
detention and (ii) any reduction in secure detention rates and commitments to state care
as a result of programs funded pursuant to this article. The State Board shall
solicit written comments on the plan from the judge or judges of the juvenile and
domestic relations court and, the director of the court services unit, and if
applicable, the director of programs established pursuant to § 66-26. Prior to
the initiation of any new services, the plan shall also include a cost comparison for the
private operation of such services.
E. Each locality shall report quarterly to the Director the number of
child-care days registered during the preceding quarter by each juvenile
correctional program or facility operated data required by the Department to
measure progress on stated objectives and to evaluate programs and services
within such locality's plan.