CHAPTER 94
An Act to amend and reenact §16.1-284.1 of the Code of
Virginia, relating to juveniles held in secure local facility; conduct of
hearing.
[H 849]
Approved March 6, 2012
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 juvenile fourteen 14 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 and is not currently adjudicated delinquent of a violent
juvenile felony or found guilty of a violent juvenile felony, (ii) that the
juvenile has not been released from the custody of the Department within the
previous eighteen 18 months, (iii) that the interests of the
juvenile and the community require that the juvenile be placed under legal
restraint or discipline, and (iv) 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 six months from the date the order is
entered, for a single offense or multiple offenses.
The period of confinement ordered may exceed thirty
30 calendar days if the juvenile has had an assessment completed by the
secure facility to which he is ordered concerning the appropriateness of the
placement.
B. If the period of confinement in a detention home or other
secure facility for juveniles is to exceed thirty 30 calendar
days, then the court shall order the juvenile committed to the Department, if
he is eligible pursuant to subdivision A 14 of §16.1-278.8, but suspend such
commitment. In suspending the commitment to the Department as provided for in
this subsection, the court shall specify conditions for the juvenile's
satisfactory completion of one or more community or facility based treatment
programs as may be appropriate for the juvenile's rehabilitation.
C. During any period of confinement which exceeds thirty
30 calendar days ordered pursuant to this section, the court shall conduct
a mandatory review hearing at least once during each thirty 30
days 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 juvenile's commitment to the Department has been
suspended as provided in subsection B of this section, and 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 be committed to the State Department of Juvenile
Justice. If the court determines at the first or any subsequent review hearing
that the juvenile is not actively involved in any community facility based
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.
C1. The appearance of the juvenile before the court for a
hearing pursuant to subsection C may be by (i) personal appearance before the
judge or (ii) use of two-way electronic video and audio communication. If
two-way electronic video and audio communication is used, a judge may exercise
all powers conferred by law and all communications and proceedings shall be
conducted in the same manner as if the appearance were in person, and any
documents filed may be transmitted by facsimile process. A facsimile may be
served or executed by the officer or person to whom sent, and returned in the
same manner, and with the same force, effect, authority, and liability as an
original document. All signatures thereon shall be treated as original
signatures. Any two-way electronic video and audio communication system used
for an appearance shall meet the standards as set forth in subsection B of §
19.2-3.1.
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 require
juveniles placed pursuant to this section for a period which exceeds thirty
30 calendar days be provided separate services for their rehabilitation,
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.
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