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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-249 and 16.1-269.5, as it is effective and as it may become effective, of the Code of Virginia are amended and reenacted as follows:
§ 16.1-249. Places of confinement for juveniles.
A. If it is ordered that a juvenile remain in detention or shelter care pursuant to § 16.1-248.1, such juvenile may be detained, pending a court hearing, in the following places:
1. An approved foster home or a home otherwise authorized by law to provide such care;
2. A facility operated by a licensed child welfare agency;
3. If a juvenile is alleged to be delinquent, in a detention home or group home approved by the Department;
4. Any other suitable place designated by the court and approved by the Department.
B. No juvenile shall be detained or confined in any jail or other facility for the detention of adult offenders or persons charged with crime except as provided in subsection D, E, F or G of this section.
C. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a juvenile who is or appears to be under the age of eighteen years is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention facility designated by the court.
D. When a case is transferred to the circuit court in accordance with the provisions of § 16.1-269.1 and an order is entered by the circuit court in accordance with § 16.1-269.6, or in accordance with the provisions of § 16.1-270 where the juvenile has waived the jurisdiction of the district court, the juvenile, if in confinement, may be transferred to a jail or other facility for the detention of adults and need no longer be entirely separate and removed from adults.
E. If, in the judgment of the custodian, a juvenile fourteen years of age
or older has demonstrated that he is a threat to the security or safety
of the other juveniles detained or the staff of the home or facility, the
judge shall determine whether such juvenile should be transferred to another
juvenile facility including or, if the child is fourteen years of
age or older, a jail or other place of facility for
detention for adults; provided, that (i) the detention is in a room or ward
entirely separate and removed from adults, (ii) adequate supervision is
provided, and (iii) the facility is approved by the State Board of Youth
and Family Services Corrections for detention of juveniles.
F. If, in the judgment of the custodian, it has been demonstrated that the
presence of a juvenile fourteen years of age or older in a facility
creates a threat to the security or safety of the other juveniles detained or
the staff of the home or facility, the custodian may transfer the juvenile to
another juvenile facility, or, if the child is fourteen years of age or
older, a jail or other place of facility for detention for
adults pursuant to the limitations of subdivisions E (i), (ii) and (iii) for
a period not to exceed six hours.
G. If a juvenile fourteen years of age or older is charged with an offense
which, if committed by an adult, would be a felony or Class 1 misdemeanor,
and the judge or intake officer determines that secure detention is needed
for the safety of the juvenile or the community, such juvenile may be
detained for a period no longer than six hours in a court holding cell
incident to a court hearing, or in a temporary lock-up room or ward for
juveniles while arrangements are completed to transfer the juvenile to a
juvenile facility. Such room, or ward or cell may be
located in a building which also contains a jail or other facility for the
detention of adults, provided (i) such room, or ward or
cell is totally separate and removed from adults or juveniles transferred
to the circuit court pursuant to Article 7 (§ 16.1-269.1 et seq.) of this
chapter, (ii) constant supervision is provided, and (iii) the facility is
approved by the State Board of Corrections for the detention of
juveniles. The State Board of Corrections is authorized and directed
to prescribe minimum standards for temporary lock-up rooms, and
wards and court holding cells based on the requirements set out in
this subsection. The Department shall assist the localities or
combinations thereof in implementing this section and ensuring compliance
herewith.
G.1. Any juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1-248.1 may be held incident to a court hearing (i) in a court holding cell for a period not to exceed six hours provided the juvenile is entirely separate and removed from detained adults or (ii) in a nonsecure area provided constant supervision is provided.
H. A judge may order the predispositional detention of persons eighteen
years of age or older in an adult facility, or (i) in a
juvenile facility only for a violation of the terms and conditions of release
from a learning center or (ii) in an adult facility.
I. The Departments of Corrections, Youth and Family Services and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith.
§ 16.1-269.5. Placement of juvenile.
The juvenile court may order placement of the transferred juvenile in either
a local correctional facility as approved by the State Board of Youth and
Family Services Corrections pursuant to the limitations of §
16.1-249 E or a juvenile detention facility.
§ 16.1-269.5. (Delayed effective date) Placement of juvenile.
The family court may order placement of the transferred juvenile in either a
local correctional facility as approved by the State Board of Youth and
Family Services Corrections pursuant to the limitations of §
16.1-249 E or a juvenile detention facility.