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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD0096836Patrons--Mims, Albo, Brickley, Callahan, Cantor, Davies, Deeds, Giesen, Hamilton, Harris, Jackson, Jones, J.C., Keating, May, McDonnell, Ruff, Scott and Sherwood; Senators: Calhoun, Earley, Holland, E.M., Houck and Waddell
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-284.1 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-284.1. Placement in secure local facility.
A. If a child juvenile sixteen
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 pursuant to §
16.1-273 that the child juvenile has not previously
been found guilty of a delinquent act within the preceding twelve months,
(ii) that the interests of the child juvenile and the
community require that the child 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
childjuvenile, then the court may order the child
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 child sixteen 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 child juvenile has been
adjudged a delinquent within the immediately preceding twelve months and has
failed to respond to past treatment efforts, (ii) that the child
juvenile is amenable to continued treatment efforts in the
community, and (iii) the interests of the community and the child
juvenile require that the child juvenile
be placed under legal restraint or discipline, based on the nature of
the present offense, the nature of the child's
juvenile’s prior delinquency record, and the nature of the past
treatment efforts, then the court may order the child
juvenile committed to the Department, but suspend such
commitment and order the child 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 child's juvenile’s
participation in one or more community treatment programs as may be
appropriate for the child's juvenile’s
rehabilitation.
C. 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 child's 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 child 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 Youth and Family Services.
If the court determines at the first or any subsequent review hearing that
the child 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 child
juvenile either be (i) released under such conditions as the
court may specify subject to the suspended commitment, or (ii) committed to
the State Department of Youth and Family Services pursuant to § 16.1-291. If
the court determines at the first or any subsequent review hearing that the
child juvenile is not actively involved in any
community treatment program through no fault of his own, then the court shall
order that the child juvenile be released under such
conditions as the court may specify subject to the suspended commitment.
D. A child 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 § 16.1-310, consistent with the intent of this
section.
E. The Department of Youth and Family Services shall assist the localities or combinations thereof in implementing this section consistent with the statewide plan required by § 16.1-310 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.