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Developed and maintained by the Division of Legislative Automated Systems.
2000 SESSION
008435244Be it enacted by the General Assembly of Virginia:
1. That [ §§ 16.1-278.7 and 16.1-278.8 of the Code of Virginia are §
16.1-278.7 of the Code of Virginia is ] amended and reenacted as follows:
§ 16.1-278.7. Commitment to Department of Juvenile Justice.
Unless a child found to be abused, neglected, in need of services, in need of supervision or a status offender is also found to be delinquent and is older than ten years of age, he shall not be committed to the Department of Juvenile Justice. No juvenile court or circuit court shall order the commitment of any child jointly to the Department of Juvenile Justice and to a local board of public welfare or social services or transfer the custody of a child jointly to a court service unit of a juvenile court and to a local board of public welfare or social services. Any juvenile sentenced as an adult and committed to an active term of incarceration in the Department of Corrections who is, at the time of such sentencing, in the custody of the Department of Juvenile Justice, upon pronouncement of sentence, shall be immediately transferred to the Department of Corrections.
[ § 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;
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. ]
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 in FY 2010.