2006 Code of Virginia § 16.1-273 - Court may require investigation of social history and preparation of victim impact statemen...

16.1-273. Court may require investigation of social history and preparationof victim impact statement.

A. When a juvenile and domestic relations district court or circuit court hasadjudicated any case involving a child subject to the jurisdiction of thecourt hereunder, except for a traffic violation, a violation of the game andfish law or a violation of any city ordinance regulating surfing orestablishing curfew violations, the court before final disposition thereofmay require an investigation, which (i) shall include a drug screening and(ii) may include the physical, mental and social conditions, including anassessment of any affiliation with a criminal street gang as defined in 18.2-46.1, and personality of the child and the facts and circumstancessurrounding the violation of law. However, in the case of a juvenileadjudicated delinquent on the basis of an act committed on or after January1, 2000, which would be a felony if committed by an adult, or a violationunder Article 1 ( 18.2-247 et seq.) or Article 1.1 ( 18.2-265.1 et seq.) ofChapter 7 of Title 18.2 and such offense would be punishable as a Class 1 orClass 2 misdemeanor if committed by an adult, the court shall order thejuvenile to undergo a drug screening. If the drug screening indicates thatthe juvenile has a substance abuse or dependence problem, an assessment shallbe completed by a certified substance abuse counselor as defined in 54.1-3500 employed by the Department of Juvenile Justice or by a locallyoperated court services unit or by an individual employed by or currentlyunder contract to such agencies and who is specifically trained to conductsuch assessments under the supervision of such counselor.

B. The court also shall, on motion of the attorney for the Commonwealth withthe consent of the victim, or may in its discretion, require the preparationof a victim impact statement in accordance with the provisions of 19.2-299.1 if the court determines that the victim may have sufferedsignificant physical, psychological or economic injury as a result of theviolation of law.

(Code 1950, 16.1-164; 1956, c. 555; 1972, cc. 672, 835; 1973, c. 440; 1977,cc. 559, 627; 1993, c. 603; 1998, cc. 783, 840; 1999, cc. 350, 891, 913;2000, cc. 1020, 1041; 2005, c. 843.)

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