SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
989263362Be 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 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) that the juvenile has not previously been found guilty of a delinquent act within the preceding twelve months, (ii) that the interests of the juvenile and the community require that the 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 juvenile, then the court may order the 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 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
juvenile has been adjudged a delinquent within the immediately preceding twelve
months and has failed to respond to past treatment efforts, (ii) that the
juvenile is amenable to continued treatment efforts in the community, and (iii)
the interests of the community and the juvenile require that the juvenile be
placed under legal restraint or discipline, based on the nature of the present
offense, the nature of the juvenile's prior delinquency record, and the nature
of the past treatment efforts, then the court may order the juvenile committed
to the Department, but suspend such commitment and order the juvenile confined
in a detention home or other secure facility for juveniles for a period not to
exceed six months, inclusive exclusive 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 juvenile's
participation in one or more community treatment programs as may be appropriate
for the 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 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 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 Juvenile Justice. If the court determines at the first or any subsequent review hearing that the 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 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 Juvenile Justice pursuant to § 16.1-291. If the court determines at the first or any subsequent review hearing that the juvenile is not actively involved in any community treatment program through no fault of his own, then the court shall order that the juvenile be released under such conditions as the court may specify subject to the suspended commitment.
D. A 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 § 16.1-309.4, consistent with the intent of this section.
E. The Department of Juvenile Justice shall assist the localities or combinations thereof in implementing this section consistent with the statewide plan required by § 16.1-309.4 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.