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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD4755837Be 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 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 has not
previously been found guilty of a delinquent act within the preceding twelve
months, (ii) that the interests of the child and the community require that
the child be placed under legal restraint or discipline, and (iii) that other
placements authorized by this title will not serve the best interests of the
child, then the court may order the child 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 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 has been adjudged a delinquent within the
immediately preceding twelve months and has failed to respond to past
treatment efforts, (ii) that the child is amenable to continued treatment
efforts in the community, and (iii) the interests of the community and the
child require that the child be placed under legal restraint or discipline,
based on the nature of the present offense, the nature of the child's prior
delinquency record, and the nature of the past treatment efforts, then the
court may order the child committed to the Department, but suspend such
commitment and order the child 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 participation in one or more community treatment programs as may be
appropriate for the child'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 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 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 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 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 is not actively involved in any community treatment program through no fault of his own, then the court shall order that the child be released under such conditions as the court may specify subject to the suspended commitment.
D. A child 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.