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2000 SESSION
005121244Patrons-- McDonnell, Cantor, Darner, Hamilton, Jackson and Jones, J.C.; Senators: Forbes, Howell and Quayle
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-278.8 and 16.1-284.1 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-278.8. Delinquent juveniles.
A. If a juvenile is found to be delinquent, except where such finding involves a refusal to take a blood or breath test in violation of § 18.2-268.2 or a similar ordinance, the juvenile court or the circuit court may make any of the following orders of disposition for his supervision, care and rehabilitation:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent;
3. Order the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent;
4. Defer disposition for a period of time not to exceed twelve months, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred;
4a. Defer disposition and place the juvenile in the temporary custody of the Department to attend a boot camp established pursuant to § 66-13 provided bed space is available for confinement and the juvenile (i) is otherwise eligible for commitment to the Department, (ii) has not previously been and is not currently being adjudicated delinquent or found guilty of a violent juvenile felony, (iii) has not previously attended a boot camp, (iv) has not previously been committed to and received by the Department and (v) has had an assessment completed by the Department or its contractor concerning the appropriateness of the candidate for a boot camp. Upon the juvenile's withdrawal, removal or refusal to comply with the terms and conditions of participation in the program, he shall be brought before the court for a hearing at which the court may impose any other disposition as authorized by this section which could have been imposed at the time the juvenile was placed in the custody of the Department;
5. Without entering a judgment of guilty and with the consent of the juvenile and his attorney, defer disposition of the delinquency charge for a period not to exceed twelve months and place the juvenile on probation under such conditions and limitations as the court may prescribe. Upon fulfillment of the terms and conditions, the court shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without adjudication of guilt;
6. Order the parent of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile where the court determines this participation to be in the best interest of the juvenile and other parties concerned and where the court determines it reasonable to expect the parent to be able to comply with such order;
7. Place the juvenile on probation under such conditions and limitations as the court may prescribe;
7a. Order the juvenile confined in a detention home or other secure facility for juveniles for a period not to exceed thirty calendar days from the date the order is entered, inclusive of time served in a detention home or other secure facility, for a single offense or multiple offenses, if a juvenile is found to have committed an offense which if committed by an adult would be punishable by confinement in a state or local correctional facility as defined in § 53.1-1, and the court determines that (i) the juvenile has not previously been found guilty of a delinquent act within the preceding twelve months; (ii) the juvenile has not previously been and is not currently being adjudicated delinquent or found guilty of a violent juvenile felony; (iii) the interests of the juvenile and the community require that the juvenile be placed under legal restraint or discipline; and (iv) other placements authorized by this title will not serve the best interests of the juvenile, then the court may;
8. Impose a fine not to exceed $500 upon such juvenile;
9. Suspend the motor vehicle and driver's license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver's license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court may order. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order which identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department of Motor Vehicles.
If a curfew is imposed, the juvenile shall surrender his driver's license, which shall be held in the physical custody of the court during any period of curfew restriction. The court shall send an abstract of any order issued under the provisions of this section to the Department of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. A copy of the court order, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order in accordance with its terms.
Any juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 46.2-301.
The Department of Motor Vehicles shall refuse to issue a driver's license to any juvenile denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order imposing the curfew;
10. Require the juvenile to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the juvenile was found to be delinquent;
11. Require the juvenile to participate in a public service project under such conditions as the court prescribes;
12. In case of traffic violations, impose only those penalties which are authorized to be imposed on adults for such violations. However, for those violations punishable by confinement if committed by an adult, confinement shall be imposed only as authorized by this title;
13. Transfer legal custody to any of the following:
a. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;
b. A child welfare agency, private organization or facility which is licensed or otherwise authorized by law to receive and provide care for such juvenile. The court shall not transfer legal custody of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director; or
c. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court has jurisdiction. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, such local board may be required to temporarily accept a juvenile for a period not to exceed fourteen days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Any order authorizing removal from the home and transferring legal custody of a juvenile to a local board of social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state;
14. Commit the juvenile to the Department of Juvenile Justice, but only if he
is older than ten years of age and the current offense is (i) an offense which
would be a felony if committed by an adult or (ii) an offense which would be a
Class 1 misdemeanor if committed by an adult and the juvenile has previously
been found to be delinquent based on an offense which would be either a felony
or Class 1 misdemeanor if committed by an adult;
15. Impose the penalty authorized by § 16.1-284;
16. Impose the penalty authorized by § 16.1-284.1;
17. Impose the penalty authorized by § 16.1-285.1;
18. Impose the penalty authorized by § 16.1-278.9; or
19. Require the juvenile to participate in a gang-activity prevention program including, but not limited to, programs funded under the Virginia Juvenile Community Crime Control Act pursuant to § 16.1-309.7, if available, when a juvenile has been found delinquent of any of the following violations: §§ 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.1, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or § 18.2-147, or any violation of a local ordinance adopted pursuant to § 18.2-138.1.
B. If the court finds a juvenile delinquent of any of the following offenses, the court shall require the juvenile to make at least partial restitution or reparation for any property damage, for loss caused by the offense, or for actual medical expenses incurred by the victim as a result of the offense: §§ 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.1, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or § 18.2-147; or for any violation of a local ordinance adopted pursuant to § 18.2-138.1. The court shall further require the juvenile to participate in a community service project under such conditions as the court prescribes.
§ 16.1-284.1. Placement in secure local facility.
A. If a juvenile fourteen years of age or older is found to have committed an
offense which if committed by an adult would be punishable by confinement in a state
or local correctional facility as defined in § 53.1-1, and the court determines
(i) that the juvenile has not previously been found guilty of a delinquent act
within the preceding twelve months, (ii) that the interests of the juvenile and
the community require that the juvenile be placed under legal restraint or
discipline, and (iii) that other placements authorized by this title will not
serve the best interests of the juvenile, then the court may order the juvenile
confined in a detention home or other secure facility for juveniles for a
period not to exceed thirty calendar days from the date the order is entered,
inclusive of time served in a detention home or other secure facility, for a
single offense or multiple offenses.
B.If a juvenile fourteen years of age or older is found to have committed an
offense which if committed by an adult would be punishable by confinement in a state or
local correctional facility as defined in § 53.1-1, and the court determines
(i) after receipt of a social history compiled within the immediately preceding
twelve months pursuant to § 16.1-273, that the juvenile has been adjudged a
delinquent within the immediately preceding twelve months and hasthere is
documentation that the juvenile failed to respond to past treatment efforts,;
(ii) that the juvenile is amenable to continued treatment efforts in the
community, and (iii) the interests of the community and the juvenile require that
the juvenile be placed under legal restraint or discipline, based on the nature
of the present offense, the nature of the juvenile's prior delinquency record,
and the nature of the past treatment effortsotherwise eligible for commitment
to the Department,; (iii) that the juvenile has not previously been and is not
currently being adjudicated delinquent or found guilty of a violent juvenile
felony; (iv) that the juvenile has not previously been committed to and
received by the Department; (v) that the juvenile has had an assessment
completed by the secure detention home to which he will be sentenced; and (vi)
that the juvenile has been determined to be an appropriate candidate
for placement by the facility, then the court may order the juvenile committed
to the Department, but suspend such commitment and order the juvenile confined
in a detention home or other secure facility for juveniles for a period not to
exceed six months, inclusive of time served in detention while awaiting
disposition, for a single offense or for multiple offenses. In suspending the
commitment to the Department as provided for in this subsection, the court
shall specify conditions for the juvenile's participation in one or more
community treatment programs as may be appropriate for the juvenile's
rehabilitation.
CB. During any period of confinement ordered pursuant to this section, the
court shall conduct a mandatory review hearing at least once during each thirty days of the period of
confinement and at such other times upon the request of the juvenile's probation officer, for good
cause shown. If it appears at such hearing that the purpose of the order of
confinement has been achieved, the juvenile shall be released on probation for
such period and under such conditions as the court may specify and remain
subject to the order suspending commitment to the State Department of Juvenile
Justice. If the court determines at the first or any subsequent review hearing
that the juvenile is consistently failing to comply with the conditions
specified by the court or the policies and program requirements of the
facility, then the court shall order that the juvenile eitherbe (i) released
under such conditions as the court may specify subject to the suspended commitment or
(ii) committed to the StateDepartment of Juvenile Justicepursuant to §
16.1-291. If the court determines at the first or any subsequent review hearing
that the juvenile is not actively involved in any community treatment program through
no fault of his own, then the court shall order that the juvenile be released under
such conditions as the court may specify subject to the suspended commitment.
DC. A juvenile may only be ordered confined pursuant to this section to a
facility in compliance with standards established by the State Board for such placements. Standards
for these facilities shall have regard for reasonable utilization of these
facilities and the requirements of § 16.1-309.4require that juveniles placed
pursuant to this section be housed separate and apart from securely confined
juveniles and be provided services, consistent with the intent of
this section.
ED. The Department of Juvenile Justice shall assist the localities or
combinations thereof in implementing this section consistent with the statewide
plan required by § 16.1-309.4 and pursuant to standards promulgated by the
State Board, in order to ensure the availability and reasonable access of each court
to the facilities the use of which is authorized by this section.