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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-278.8 of the Code of Virginia is 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 12 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) has been found delinquent
for an offense which that would be a Class 1 misdemeanor or felony if committed
by an adult, (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 12 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. Place the juvenile on probation and order treatment for the abuse or
dependence on alcohol or drugs in a program licensed by the Department of
Mental Health, Mental Retardation and Substance Abuse Services for the
treatment of juveniles for substance abuse provided that (i) the juvenile has
received a substance abuse screening and assessment pursuant to § 16.1-273 and
that such assessment reasonably indicates that the commission of the offense
was motivated by, or closely related to, the habitual use of alcohol or drugs
and indicates that the juvenile is in need of treatment for this condition;
(ii) the juvenile has not previously been and is not currently being
adjudicated for a violent juvenile felony; and (iii) such facility is
available. Upon the juvenile's withdrawal, removal, or refusal to comply with
the 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
authorized by this section. The court shall review such placements at thirty
30-day intervals;
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 that
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 that 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 that 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 14 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 eleven 11 years of age or older and the current offense is (i) an offense
which that would be a felony if committed by an adult, (ii) an offense
which that 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
that would be a felony if committed by an adult, or (iii) an offense which
that would be a Class 1 misdemeanor if committed by an adult and the juvenile
has previously been adjudicated delinquent on three occasions for offenses
which would be Class 1 misdemeanors if committed by an adult; of three or more
offenses that would be a Class 1 misdemeanor if committed by an adult, and each such
offense was not a part of a common act, transaction or scheme;
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, 18.2-57.2, 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, 18.2-57.2, 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.