2006 Code of Virginia § 16.1-269.2 - Admissibility of statement; investigation and report; bail

16.1-269.2. Admissibility of statement; investigation and report; bail.

A. Statements made by the juvenile at the transfer hearing provided for under 16.1-269.1 shall not be admissible against him over objection in anycriminal proceedings following the transfer, except for purposes ofimpeachment.

B. Prior to a transfer hearing pursuant to subsection A of 16.1-269.1, astudy and report to the court, in writing, relevant to the factors set out insubdivision A 4 of 16.1-269.1, as well as an assessment of any affiliationwith a criminal street gang as defined in 18.2-46.1, shall be made by theprobation services or other qualified agency designated by the court. Uponmotion of the attorney for the Commonwealth for a transfer hearing pursuantto subsection A of 16.1-269.1, the attorney for the Commonwealth shallprovide notice to the designated probation services or other qualified agencyof the need for a transfer report. Counsel for the juvenile and the attorneyfor the Commonwealth shall have full access to the study and report and anyother report or data concerning the juvenile which are available to thecourt. The court shall not consider the report until a finding has been madeconcerning probable cause. If the court so orders, the study and report maybe expanded to include matters provided for in 16.1-273, whereupon it mayalso serve as the report required by this subsection, but on the conditionthat it will not be submitted to the judge who will preside at any subsequenthearings except as provided for by law.

C. After the completion of the hearing, whether or not the juvenile courtdecides to retain jurisdiction over the juvenile or transfer such juvenilefor criminal proceedings in the circuit court, the juvenile court shall setbail for the juvenile in accordance with Chapter 9 ( 19.2-119 et seq.) ofTitle 19.2, if bail has not already been set.

(1994, cc. 859, 949; 1999, c. 350; 2005, cc. 590, 843.)