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1995 SESSION


HOUSE JOINT RESOLUTION NO. 604
Directing the Commission on Youth to study juvenile justice reform.

Agreed to by the House of Delegates, February 23, 1995
Agreed to by the Senate, February 21, 1995

WHEREAS, the nature and severity of juvenile delinquency has changed drastically over the last decades; and

WHEREAS, the juvenile correctional agency, the Department of Youth and Family Services, has only been in existence for five years; and

WHEREAS, at the time of the inception of the new Department, the Commonwealth suffered a recession which adversely affect the agency's budget; and

WHEREAS, the General Assembly enacted the Comprehensive Services Act in 1992 which altered the ways communities plan for and provide services to a segment of adjudicated youth; and

WHEREAS, the General Assembly enacted the Serious Juvenile Offender legislation in 1994 which significantly altered the factors the court relies upon when transferring a juvenile to adult court as well as instituted longer terms for determinate sentencing for a segment of the juvenile offender population; and

WHEREAS, many of the principles underlying the juvenile justice system in Virginia and throughout the nation have recently been questioned in light of changing juvenile crime trends; and

WHEREAS, Senate Joint Resolution No. 263 (1995) directs the Joint Legislative Audit and Review Commission to conduct a detailed review and evaluation of the juvenile justice system; and

WHEREAS, House Joint Resolution No. 473 (1995) directs the Virginia State Crime Commission, in consultation with the Commission on Youth, to conduct a study of the retention and access to juvenile criminal history records; and

WHEREAS, the Commonwealth has not undertaken a comprehensive review of the juvenile justice system since 1977 in the recodification of § 16.1 of the Code of Virginia; and

WHEREAS, the lack of a comprehensive reassessment of the system has served to undermine the public confidence in the juvenile justice system; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Commission on Youth be directed to undertake a comprehensive study of the juvenile justice system in Virginia with the goal of suggesting reform to increase the system's efficiency and effectiveness in responding to juvenile delinquency. The Commission's study shall include, but not be limited to efficiency of maintaining status offenders within the juvenile court system, docketing issues affecting system management, range of community options available to the court, legal procedures applicable to current offender populations, training support provided to the court's service unit staff and judiciary and recommendations for system improvement through legislative and administrative reform. To aid in the study, the Commission is authorized to establish a task force which shall be comprised of the Commission on Youth members; two attorneys for the Commonwealth, one to be appointed by the Speaker of the House of Delegates and one to be appointed by the Senate Committee on Privileges and Elections; two juvenile and domestic relations judges, one to be appointed by the Speaker of the House of Delegates and one to be appointed by the Senate Committee on Privileges and Elections; two representatives from local law enforcement, one to be appointed by the Speaker of the House of Delegates and one to be appointed by the Senate Committee on Privileges and Elections; one member of the defense bar to be appointed by the Speaker of the House of Delegates; and two representatives of the local treatment community, one to be appointed by the Speaker of the House of Delegates and one to be appointed by the Senate Committee on Privileges and Elections. The Director of the Department of Youth and Family Services and the Executive Secretary of the Supreme Court shall serve as ex officio members; and, be it

RESOLVED FURTHER, That the Joint Legislative Audit and Review Commission and the Virginia State Crime Commission shall report its findings to the Commission on Youth to support the Commission's comprehensive study of the juvenile justice system.

The Commission on Youth shall complete its work in time to submit its findings and recommendations to the Governor and the 1996 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.