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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-249 of the Code of Virginia is 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;
5. To the extent permitted by federal law, a separate juvenile detention facility located upon the site of an adult regional jail facility established by any county, city or any combination thereof constructed after 1994, approved by the Department of Juvenile Justice and certified by the Board of Corrections for the holding and detention of juveniles.
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. Except for placement under subsection subdivision A 5,
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 subsection A 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, or when the district court has certified a charge to the grand jury pursuant to subsection B or C of § 16.1-269.1, 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 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 or, if the child is fourteen years of age or older, a jail or other facility for the detention of 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 Corrections for detention of juveniles.
F. If, in the judgment of the custodian, it has been demonstrated that the
presence of a juvenile 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 facility for the
detention of adults pursuant to the limitations of subdivisions
E clauses (i), (ii) and (iii) of
subsection E for a period not to exceed six hours prior
to a court hearing and an additional six hours after the
court hearing unless a longer period is ordered pursuant to
subsection E.
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 not to exceed six hours prior
to a court hearing and six hours after the court hearing 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 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 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 based on the requirements set out in this subsection.
G1. 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 (i) in a juvenile facility only for a violation of the terms and conditions of release from a juvenile correctional center or (ii) in an adult facility.
I. The Departments of Corrections, Juvenile Justice and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith.
2. That an emergency exists and this act is in force from its passage.