2006 Code of Virginia § 16.1-291 - Revocation or modification of probation, protective supervision or parole; proceedings; dispositio...

16.1-291. Revocation or modification of probation, protective supervisionor parole; proceedings; disposition.

A. A juvenile or person who violates an order of the juvenile court enteredinto pursuant to 16.1-278.2 through 16.1-278.10, who violates theconditions of his probation granted pursuant to 16.1-278.5 or 16.1-278.8,or who violates the conditions of his parole granted pursuant to 16.1-285,16.1-285.1 or 16.1-293, may be proceeded against for a revocation ormodification of such order or parole status. A proceeding to revoke or modifyprobation, protective supervision or parole shall be commenced by the filingof a petition. Except as otherwise provided, such petitions shall bescreened, reviewed and prepared in the same manner and shall contain the sameinformation as provided in 16.1-260 and 16.1-262. The petition shallrecite the date that the juvenile or person was placed on probation, underprotective supervision or on parole and shall state the time and manner inwhich notice of the terms of probation, protective supervision or parole weregiven.

B. If a juvenile or person is found to have violated a prior order of thecourt or the terms of probation or parole, the court may, in accordance withthe provisions of 16.1-278.2 through 16.1-278.10, upon a revocation ormodification hearing, modify or extend the terms of the order of probation orparole, including termination of probation or parole. However,notwithstanding the contempt power of the court as provided in 16.1-292,the court shall be limited in the actions it may take to those that the courtmay have taken at the time of the court's original disposition pursuant to 16.1-278.2 through 16.1-278.10, except as hereinafter provided.

C. In the event that a child in need of supervision is found to havewillfully and materially violated an order of the court or the terms of hisprobation granted pursuant to 16.1-278.5, in addition to or in lieu of thedispositions specified in that section, the court may enter any of thefollowing orders of disposition:

1. Suspend the child's driver's license upon terms and conditions which mayinclude the issuance of a restricted license for those purposes set forth insubsection E of 18.2-271.1; or

2. Order any such child fourteen years of age or older to be (i) placed in afoster home, group home or other nonsecure residential facility, or, (ii) ifthe court finds that such placement is not likely to meet the child's needs,that all other treatment options in the community have been exhausted, andthat secure placement is necessary in order to meet the child's serviceneeds, detained in a secure facility for a period of time not to exceed tenconsecutive days for violation of any order of the court or violation ofprobation arising out of the same petition. The court shall state in itsorder for detention the basis for all findings required by this section. Whenany child is detained in a secure facility pursuant to this section, thecourt shall direct the agency evaluating the child pursuant to 16.1-278.5to reconvene the interdisciplinary team participating in such evaluation,develop further treatment plans as may be appropriate and submit its reportto the court of its determination as to further treatment efforts eitherduring or following the period the child is in secure detention. A child mayonly be detained pursuant to this section in a detention home or other securefacility in compliance with standards established by the State Board. Anyorder issued pursuant to this subsection is a final order and is appealableas provided by law.

D. Nothing in this section shall be construed to reclassify a child in needof supervision as a delinquent.

E. If a person adjudicated delinquent and found to have violated an order ofthe court or the terms of his probation or parole was a juvenile at the timeof the original offense and is eighteen years of age or older when the courtenters disposition for violation of the order of the court or the terms ofhis probation or parole, the dispositional alternative specified in 16.1-284 shall be available to the court.

(Code 1950, 16.1-188; 1956, c. 555; 1977, c. 559; 1991, c. 534; 1992, c.90; 2001, c. 853.)

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