2006 Code of Virginia § 16.1-269.6 - Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeal...

16.1-269.6. Circuit court hearing; jury; termination of juvenile courtjurisdiction; objections and appeals.

A. Within seven days after receipt of notice of an appeal from the transferdecision pursuant to subsection A of 16.1-269.1, by either the attorney forthe Commonwealth or the juvenile, or if an appeal to such a decision totransfer is not noted, upon expiration of the time in which to note such anappeal, the clerk of the court shall forward to the circuit court all papersconnected with the case, including any report required by subsection B of 16.1-269.2, as well as a written court order setting forth the reasons forthe juvenile court's decision. Within seven days after receipt of notice ofan appeal, the clerk shall forward copies of the order to the attorney forthe Commonwealth and other counsel of record.

B. The circuit court, when practicable, shall, within 45 days after receiptof the case from the juvenile court pursuant to subsection A of 16.1-269.1,(i) if either the juvenile or the attorney for the Commonwealth has appealedthe transfer decision, examine all such papers, reports and orders andconduct a hearing to take further evidence on the issue of transfer, todetermine if there has been substantial compliance with subsection A of 16.1-269.1, but without redetermining whether the juvenile court hadsufficient evidence to find probable cause; and (ii) enter an order eitherremanding the case to the juvenile court or advising the attorney for theCommonwealth that he may seek an indictment. A juvenile held continuously insecure detention shall be released from confinement if there is no hearing onthe merits of his case within 45 days of the filing of the appeal. Thecircuit court may extend the time limitations for a reasonable period of timebased upon good cause shown, provided the basis for such extension isrecorded in writing and filed among the papers of the proceedings. Uponadvising the attorney for the Commonwealth that he may seek an indictment,the circuit court may issue an order transferring the juvenile from thejuvenile detention facility to an appropriate local correctional facilitywhere the juvenile need no longer be entirely separate and removed fromadults, unless, upon motion of counsel, good cause is shown for placement ofthe juvenile pursuant to the limitations of subdivision E (i), (ii), and(iii) of 16.1-249. However, in cases where a charge has been certified bythe juvenile court to the grand jury pursuant to subsection B or C of 16.1-269.1, the attorney for the Commonwealth may seek an indictment uponsuch charge and any ancillary charge without obtaining an order of thecircuit court advising him that he may do so.

C. The circuit court order advising the attorney for the Commonwealth that hemay seek an indictment shall divest the juvenile court of its jurisdictionover the case as well as the juvenile court's jurisdiction over any otherallegations of delinquency arising from the same act, transaction or schemegiving rise to the charge for which the juvenile has been transferred. Inaddition, upon conviction of the juvenile following transfer or certificationand trial as an adult, the circuit court shall issue an order terminating thejuvenile court's jurisdiction over that juvenile with respect to any futurecriminal acts alleged to have been committed by such juvenile and withrespect to any pending allegations of delinquency which have not beendisposed of by the juvenile court at the time of the criminal conviction.However, such an order terminating the juvenile court's jurisdiction shallnot apply to any allegations of criminal conduct that would properly bewithin the jurisdiction of the juvenile and domestic relations district courtif the defendant were an adult. Upon receipt of the order terminating thejuvenile court's jurisdiction over the juvenile, the clerk of the juvenilecourt shall forward any pending petitions of delinquency for proceedings inthe appropriate general district court.

D. The judge of the circuit court who reviewed the case after receipt fromthe juvenile court shall not, over the objection of any interested party,preside over the trial of such charge or charges.

E. Any objection to the jurisdiction of the circuit court pursuant to thisarticle shall be waived if not made before arraignment.

F. The time period beginning with the filing of a notice of appeal pursuantto 16.1-269.3 or 16.1-269.4 and ending with the order of the circuitcourt disposing of the appeal shall not be included as applying to theprovisions of 19.2-243.

(1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2003, c. 144; 2004, c.468.)