2006 Code of Virginia § 16.1-249 - Places of confinement for juveniles

16.1-249. Places of confinement for juveniles.

A. If it is ordered that a juvenile remain in detention or shelter carepursuant to 16.1-248.1, such juvenile may be detained, pending a courthearing, in the following places:

1. An approved foster home or a home otherwise authorized by law to providesuch 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 grouphome approved by the Department;

4. Any other suitable place designated by the court and approved by theDepartment;

5. To the extent permitted by federal law, a separate juvenile detentionfacility located upon the site of an adult regional jail facility establishedby any county, city or any combination thereof constructed after 1994,approved by the Department of Juvenile Justice and certified by the Board ofJuvenile Justice for the holding and detention of juveniles.

B. No juvenile shall be detained or confined in any jail or other facilityfor the detention of adult offenders or persons charged with crime except asprovided in subsection D, E, F or G of this section.

C. The official in charge of a jail or other facility for the detention ofadult offenders or persons charged with crime shall inform the courtimmediately when a juvenile who is or appears to be under the age of 18 yearsis 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 theprovisions of subsection A of 16.1-269.1 and an order is entered by thecircuit court in accordance with 16.1-269.6, or in accordance with theprovisions of 16.1-270 where the juvenile has waived the jurisdiction ofthe district court, or when the district court has certified a charge to thegrand jury pursuant to subsection B or C of 16.1-269.1, the juvenile, if inconfinement, may be transferred to a jail or other facility for the detentionof 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 heis a threat to the security or safety of the other juveniles detained or thestaff of the home or facility, the judge shall determine whether suchjuvenile should be transferred to another juvenile facility or, if the childis 14 years of age or older, a jail or other facility for the detention ofadults; provided, that (i) the detention is in a room or ward entirelyseparate and removed from adults, (ii) adequate supervision is provided, and(iii) the facility is approved by the State Board of Corrections fordetention of juveniles.

F. If, in the judgment of the custodian, it has been demonstrated that thepresence of a juvenile in a facility creates a threat to the security orsafety of the other juveniles detained or the staff of the home or facility,the custodian may transfer the juvenile to another juvenile facility, or, ifthe child is 14 years of age or older, a jail or other facility for thedetention of adults pursuant to the limitations of clauses (i), (ii) and(iii) of subsection E for a period not to exceed six hours prior to a courthearing and an additional six hours after the court hearing unless a longerperiod is ordered pursuant to subsection E.

G. If a juvenile 14 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 thejudge or intake officer determines that secure detention is needed for thesafety of the juvenile or the community, such juvenile may be detained for aperiod not to exceed six hours prior to a court hearing and six hours afterthe court hearing in a temporary lock-up room or ward for juveniles whilearrangements 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 orother facility for the detention of adults, provided (i) such room or ward istotally separate and removed from adults or juveniles transferred to thecircuit 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 bythe State Board of Corrections for the detention of juveniles. The StateBoard of Corrections is authorized and directed to prescribe minimumstandards for temporary lock-up rooms and wards based on the requirements setout in this subsection.

G1. Any juvenile who has been ordered detained in a secure detention facilitypursuant to 16.1-248.1 may be held incident to a court hearing (i) in acourt holding cell for a period not to exceed six hours provided the juvenileis entirely separate and removed from detained adults or (ii) in a nonsecurearea provided constant supervision is provided.

H. If a judge, intake officer or magistrate orders the predispositionaldetention of persons 18 years of age or older, such detention shall be in anadult facility; however, if the predispositional detention is ordered for aviolation of the terms and conditions of release from a juvenile correctionalcenter, the judge, intake officer or magistrate may order such detention bein a juvenile facility.

I. The Departments of Corrections, Juvenile Justice and Criminal JusticeServices shall assist the localities or combinations thereof in implementingthis section and ensuring compliance herewith.

(1977, c. 559; 1979, c. 655; 1983, c. 336; 1985, c. 260; 1988, c. 886; 1989,c. 557; 1993, c. 435; 1994, cc. 859, 904, 949; 1995, cc. 746, 748, 798, 802;1996, cc. 755, 914; 1998, cc. 576, 830; 2002, c. 558; 2004, cc. 415, 439.)