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1995 SESSION

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LD2735164
HOUSE BILL NO. 1154 Offered January 25, 1994 A BILL to amend the Code of Virginia by adding sections numbered 66-19.1 and 66-19.2, relating to treatment programs for juvenile sex offenders. ---------- Patron--Copeland ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 66-19.1 and 66-19.2 as follows:

§ 66-19.1. Sexual offender treatment program established.

The Board shall promulgate regulations to establish within the behavioral services unit of the Department a comprehensive program of education, therapy, rehabilitation and other treatment for juvenile sex offenders committed to the Department. The regulations shall include, at a minimum, provision that:

1. Such program shall have facilities for the treatment of children who are in the custody of the Department as well as children who are under probation supervision of a local court services unit;

2. All children committed to the Department upon a finding of guilty of an offense under § 18.2-61, § 18.2-63, § 18.2-67.1, § 18.2-67.2, § 18.2-67.3, § 18.2-67.5, § 18.2-370 or § 18.2-370.1, which if committed by an adult would have been punishable as a felony, shall receive treatment through the program;

3. At each facility where the Department operates a program, there shall be available a psychiatrist, clinical psychologist or other mental health professional trained in the diagnosis and treatment of sexual behavior disorders to participate in the program; and

4. No child receiving treatment under the program shall be considered to have successfully completed it until a mental health professional participating in or operating the program certifies that the child receiving treatment no longer presents a significant risk to engage in violent criminal sexual behavior. Failure of a child receiving treatment under the program to successfully complete the program shall be a factor to be considered when determining whether to release the child from the custody of the Department.

§ 66-19.2. Treatment as a condition of probation.

Any child found delinquent as the result of a violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or under § 18.2-370 or § 18.2-370.1 whose disposition includes a term of probation shall, as a condition of that probation, receive treatment under the program.