2006 Code of Virginia § 16.1-278.8 - Delinquent juveniles

16.1-278.8. Delinquent juveniles.

A. If a juvenile is found to be delinquent, except where such findinginvolves a refusal to take a blood or breath test in violation of 18.2-268.2 or a similar ordinance, the juvenile court or the circuit courtmay make any of the following orders of disposition for his supervision, careand rehabilitation:

1. Enter an order pursuant to the provisions of 16.1-278;

2. Permit the juvenile to remain with his parent, subject to such conditionsand limitations as the court may order with respect to the juvenile and hisparent;

3. Order the parent of a juvenile living with him to participate in suchprograms, cooperate in such treatment or be subject to such conditions andlimitations as the court may order and as are designed for the rehabilitationof the juvenile and his parent;

4. Defer disposition for a specific period of time established by the courtwith due regard for the gravity of the offense and the juvenile's history,after which time the charge may be dismissed by the judge if the juvenileexhibits good behavior during the period for which disposition is deferred;

4a. Defer disposition and place the juvenile in the temporary custody of theDepartment to attend a boot camp established pursuant to 66-13 provided bedspace is available for confinement and the juvenile (i) has been founddelinquent for an offense that would be a Class 1 misdemeanor or felony ifcommitted by an adult, (ii) has not previously been and is not currentlybeing adjudicated delinquent or found guilty of a violent juvenile felony,(iii) has not previously attended a boot camp, (iv) has not previously beencommitted to and received by the Department, and (v) has had an assessmentcompleted by the Department or its contractor concerning the appropriatenessof the candidate for a boot camp. Upon the juvenile's withdrawal, removal orrefusal to comply with the terms and conditions of participation in theprogram, he shall be brought before the court for a hearing at which thecourt may impose any other disposition as authorized by this section whichcould have been imposed at the time the juvenile was placed in the custody ofthe Department;

5. Without entering a judgment of guilty and with the consent of the juvenileand his attorney, defer disposition of the delinquency charge for a specificperiod of time established by the court with due regard for the gravity ofthe offense and the juvenile's history, and place the juvenile on probationunder such conditions and limitations as the court may prescribe. Uponfulfillment of the terms and conditions, the court shall discharge thejuvenile and dismiss the proceedings against him. Discharge and dismissalunder these provisions shall be without adjudication of guilt;

6. Order the parent of a juvenile with whom the juvenile does not reside toparticipate in such programs, cooperate in such treatment or be subject tosuch conditions and limitations as the court may order and as are designedfor the rehabilitation of the juvenile where the court determines thisparticipation to be in the best interest of the juvenile and other partiesconcerned and where the court determines it reasonable to expect the parentto be able to comply with such order;

7. Place the juvenile on probation under such conditions and limitations asthe court may prescribe;

7a. Place the juvenile on probation and order treatment for the abuse ordependence on alcohol or drugs in a program licensed by the Department ofMental Health, Mental Retardation and Substance Abuse Services for thetreatment of juveniles for substance abuse provided that (i) the juvenile hasreceived a substance abuse screening and assessment pursuant to 16.1-273and that such assessment reasonably indicates that the commission of theoffense was motivated by, or closely related to, the habitual use of alcoholor drugs and indicates that the juvenile is in need of treatment for thiscondition; (ii) the juvenile has not previously been and is not currentlybeing adjudicated for a violent juvenile felony; and (iii) such facility isavailable. Upon the juvenile's withdrawal, removal, or refusal to comply withthe conditions of participation in the program, he shall be brought beforethe court for a hearing at which the court may impose any other dispositionauthorized by this section. The court shall review such placements at 30-dayintervals;

8. Impose a fine not to exceed $500 upon such juvenile;

9. Suspend the motor vehicle and driver's license of such juvenile or imposea curfew on the juvenile as to the hours during which he may operate a motorvehicle. Any juvenile whose driver's license is suspended may be referred foran assessment and subsequent referral to appropriate services, upon suchterms and conditions as the court may order. The court, in its discretion andupon a demonstration of hardship, may authorize the use of a restrictedpermit to operate a motor vehicle by any juvenile who enters such program forany of the purposes set forth in subsection E of 18.2-271.1 or for travelto and from school. The restricted permit shall be issued in accordance withthe provisions of such subsection. However, only an abstract of the courtorder that identifies the juvenile and the conditions under which therestricted license is to be issued shall be sent to the Department of MotorVehicles.

If a curfew is imposed, the juvenile shall surrender his driver's license,which shall be held in the physical custody of the court during any period ofcurfew restriction. The court shall send an abstract of any order issuedunder the provisions of this section to the Department of Motor Vehicles,which shall preserve a record thereof. Notwithstanding the provisions ofArticle 12 ( 16.1-299 et seq.) of this chapter or the provisions of Title46.2, this record shall be available only to all law-enforcement officers,attorneys for the Commonwealth and courts. A copy of the court order, uponwhich shall be noted all curfew restrictions, shall be provided to thejuvenile and shall contain such information regarding the juvenile as isreasonably necessary to identify him. The juvenile may operate a motorvehicle under the court order in accordance with its terms.

Any juvenile who operates a motor vehicle in violation of any restrictionsimposed pursuant to this section shall be guilty of a violation of 46.2-301.

The Department of Motor Vehicles shall refuse to issue a driver's license toany juvenile denied a driver's license until such time as is stipulated inthe court order or until notification by the court of withdrawal of the orderimposing the curfew;

10. Require the juvenile to make restitution or reparation to the aggrievedparty or parties for actual damages or loss caused by the offense for whichthe juvenile was found to be delinquent;

11. Require the juvenile to participate in a public service project undersuch conditions as the court prescribes;

12. In case of traffic violations, impose only those penalties that areauthorized to be imposed on adults for such violations. However, for thoseviolations punishable by confinement if committed by an adult, confinementshall be imposed only as authorized by this title;

13. Transfer legal custody to any of the following:

a. A relative or other individual who, after study, is found by the court tobe qualified to receive and care for the juvenile;

b. A child welfare agency, private organization or facility that is licensedor otherwise authorized by law to receive and provide care for such juvenile.The court shall not transfer legal custody of a delinquent juvenile to anagency, organization or facility outside of the Commonwealth without theapproval of the Director; or

c. The local board of social services of the county or city in which thecourt has jurisdiction or, at the discretion of the court, to the local boardof the county or city in which the juvenile has residence if other than thecounty or city in which the court has jurisdiction. The board shall acceptthe juvenile for care and custody, provided that it has been given reasonablenotice of the pendency of the case and an opportunity to be heard. However,in an emergency in the county or city in which the court has jurisdiction,such local board may be required to temporarily accept a juvenile for aperiod not to exceed 14 days without prior notice or an opportunity to beheard if the judge entering the placement order describes the emergency andthe need for such temporary placement in the order. Nothing in thissubdivision shall prohibit the commitment of a juvenile to any local board ofsocial services in the Commonwealth when such local board consents to thecommitment. The board to which the juvenile is committed shall have the finalauthority to determine the appropriate placement for the juvenile. Any orderauthorizing removal from the home and transferring legal custody of ajuvenile to a local board of social services as provided in this subdivisionshall be entered only upon a finding by the court that reasonable effortshave been made to prevent removal and that continued placement in the homewould be contrary to the welfare of the juvenile, and the order shall sostate;

14. Commit the juvenile to the Department of Juvenile Justice, but only if heis 11 years of age or older and the current offense is (i) an offense thatwould be a felony if committed by an adult, (ii) an offense that would be aClass 1 misdemeanor if committed by an adult and the juvenile has previouslybeen found to be delinquent based on an offense that would be a felony ifcommitted by an adult, or (iii) an offense that would be a Class 1misdemeanor if committed by an adult and the juvenile has previously beenadjudicated delinquent of three or more offenses that would be a Class 1misdemeanor if committed by an adult, and each such offense was not a part ofa common act, transaction or scheme;

15. Impose the penalty authorized by 16.1-284;

16. Impose the penalty authorized by 16.1-284.1;

17. Impose the penalty authorized by 16.1-285.1;

18. Impose the penalty authorized by 16.1-278.9; or

19. Require the juvenile to participate in a gang-activity prevention programincluding, but not limited to, programs funded under the Virginia JuvenileCommunity Crime Control Act pursuant to 16.1-309.7, if available, when ajuvenile has been found delinquent of any of the following violations: 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2,18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147, orany violation of a local ordinance adopted pursuant to 15.2-1812.2.

B. If the court finds a juvenile delinquent of any of the following offenses,the court shall require the juvenile to make at least partial restitution orreparation for any property damage, for loss caused by the offense, or foractual medical expenses incurred by the victim as a result of the offense: 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2,18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147; orfor any violation of a local ordinance adopted pursuant to 15.2-1812.2. Thecourt shall further require the juvenile to participate in a communityservice project under such conditions as the court prescribes.

(1991, c. 534; 1992, c. 830; 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c.318; 1999, cc. 350, 622; 2000, cc. 954, 978, 981, 988, 1020, 1041; 2004, cc.325, 462; 2005, c. 810.)