2006 Code of Virginia § 16.1-284.1 - Placement in secure local facility

16.1-284.1. Placement in secure local facility.

A. If a juvenile fourteen years of age or older is found to have committed anoffense which if committed by an adult would be punishable by confinement ina state or local correctional facility as defined in 53.1-1, and the courtdetermines (i) that the juvenile has not previously been and is not currentlyadjudicated delinquent of a violent juvenile felony or found guilty of aviolent juvenile felony, (ii) that the juvenile has not been released fromthe custody of the Department within the previous eighteen months, (iii) thatthe interests of the juvenile and the community require that the juvenile beplaced under legal restraint or discipline, and (iv) that other placementsauthorized by this title will not serve the best interests of the juvenile,then the court may order the juvenile confined in a detention home or othersecure facility for juveniles for a period not to exceed six months from thedate the order is entered, for a single offense or multiple offenses.

The period of confinement ordered may exceed thirty calendar days if thejuvenile has had an assessment completed by the secure facility to which heis ordered concerning the appropriateness of the placement.

B. If the period of confinement in a detention home or other secure facilityfor juveniles is to exceed thirty calendar days, then the court shall orderthe juvenile committed to the Department, if he is eligible pursuant tosubdivision A 14 of 16.1-278.8, but suspend such commitment. In suspendingthe commitment to the Department as provided for in this subsection, thecourt shall specify conditions for the juvenile's satisfactory completion ofone or more community or facility based treatment programs as may beappropriate for the juvenile's rehabilitation.

C. During any period of confinement which exceeds thirty calendar daysordered pursuant to this section, the court shall conduct a mandatory reviewhearing at least once during each thirty days and at such other times uponthe request of the juvenile's probation officer, for good cause shown. If itappears at such hearing that the purpose of the order of confinement has beenachieved, the juvenile shall be released on probation for such period andunder such conditions as the court may specify and remain subject to theorder suspending commitment to the State Department of Juvenile Justice. Ifthe juvenile's commitment to the Department has been suspended as provided insubsection B of this section, and if the court determines at the first or anysubsequent review hearing that the juvenile is consistently failing to complywith the conditions specified by the court or the policies and programrequirements of the facility, then the court shall order that the juvenile becommitted to the State Department of Juvenile Justice. If the courtdetermines at the first or any subsequent review hearing that the juvenile isnot actively involved in any community facility based treatment programthrough no fault of his own, then the court shall order that the juvenile bereleased under such conditions as the court may specify subject to thesuspended commitment.

D. A juvenile may only be ordered confined pursuant to this section to afacility in compliance with standards established by the State Board for suchplacements. Standards for these facilities shall require juveniles placedpursuant to this section for a period which exceeds thirty calendar days beprovided separate services for their rehabilitation, consistent with theintent of this section.

E. The Department of Juvenile Justice shall assist the localities orcombinations thereof in implementing this section consistent with thestatewide plan required by 16.1-309.4 and pursuant to standards promulgatedby the State Board, in order to ensure the availability and reasonable accessof each court to the facilities the use of which is authorized by thissection.

(1985, c. 260; 1989, c. 733; 1995, cc. 696, 699; 1996, cc. 755, 914; 2000, c.978; 2001, c. 140.)

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