2006 Code of Virginia § 16.1-309.3 - Establishment of a community-based system of services; biennial local plan; quarterly repor...

16.1-309.3. Establishment of a community-based system of services; bienniallocal plan; quarterly report.

A. Any county, city or combination thereof may establish a community-basedsystem pursuant to this article, which shall provide, or arrange to haveaccessible, a variety of predispositional and postdispositional services.These services may include, but are not limited to, diversion, communityservice, restitution, house arrest, intensive juvenile supervision, substanceabuse assessment and testing, first-time offender programs, intensiveindividual and family treatment, structured day treatment and structuredresidential programs, aftercare/parole community supervision and residentialand nonresidential services for juvenile offenders who are before intake oncomplaints or the court on petitions alleging that the juvenile isdelinquent, in need of services or in need of supervision but shall notinclude secure detention for the purposes of this article. Suchcommunity-based systems shall be based on an annual review of court-relateddata and an objective assessment of the need for services and programs forjuveniles before intake on complaints or the court on petitions alleging thatthe juvenile is a child in need of services, in need of supervision, ordelinquent. The community- based system shall be developed after consultationwith the judge or judges of the juvenile and domestic relations districtcourt, the director of the court services unit, the community policy andmanagement team established under 2.2-5205, and, if applicable, thedirector of any program established pursuant to 66-26.

B. Community-based services instituted pursuant to this article shall beadministered by a county, city or combination thereof, and may beadministered through a community policy and management team established under 2.2-5204 or a commission established under 16.1-315. Such programs andservices may be provided by qualified public or private agencies, pursuant toappropriate contracts. Any commission established under 16.1-315 providingpredispositional and postdispositional services prior to the enactment ofthis article which serves a member jurisdiction that is a city having apopulation between 135,000 and 165,000 shall directly receive the proportionof funds calculated under 16.1-309.7 on behalf of the owner localities. Thefunds received shall be allocated directly to the member localities. Anymember locality which elects to withdraw from the commission shall beentitled to its full allocation as provided in 16.1-309.6 and 16.1-309.7.The Department of Juvenile Justice shall provide technical assistance tolocalities, upon request, for establishing or expanding programs or servicespursuant to this article.

C. Funds provided to implement the provisions of this article shall not beused to supplant funds established as the state pool of funds under 2.2-5211.

D. Any county, city or combination thereof which establishes acommunity-based system pursuant to this article shall biennially submit tothe State Board for approval a local plan for the development, implementationand operation of such services, programs and facilities pursuant to thisarticle. The plan shall provide (i) the projected number of juveniles servedby alternatives to secure detention and (ii) any reduction in securedetention rates and commitments to state care as a result of programs fundedpursuant to this article. The State Board shall solicit written comments onthe plan from the judge or judges of the juvenile and domestic relationscourt, the director of the court services unit, and if applicable, thedirector of programs established pursuant to 66-26. Prior to the initiationof any new services, the plan shall also include a cost comparison for theprivate operation of such services.

E. Each locality shall report quarterly to the Director the data required bythe Department to measure progress on stated objectives and to evaluateprograms and services within such locality's plan.

(1995, cc. 698, 840; 1996, cc. 671, 682; 1997, c. 347; 2000, cc. 195, 806.)