§ 16.1-248.1. Criteria for detention or shelter care.
A. A juvenile taken into custody whose case is considered by a judge, intakeofficer or magistrate pursuant to § 16.1-247 shall immediately be released,upon the ascertainment of the necessary facts, to the care, custody andcontrol of such juvenile's parent, guardian, custodian or other suitableperson able and willing to provide supervision and care for such juvenile,either on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) ofTitle 19.2 or under such conditions as may be imposed or otherwise. However,at any time prior to an order of final disposition, a juvenile may bedetained in a secure facility, pursuant to a detention order or warrant, onlyupon a finding by the judge, intake officer, or magistrate, that there isprobable cause to believe that the juvenile committed the act alleged, andthat at least one of the following conditions is met:
1. The juvenile is alleged to have (a) violated the terms of his probation orparole when the charge for which he was placed on probation or parole wouldhave been a felony or Class 1 misdemeanor if committed by an adult; (b)committed an act that would be a felony or Class 1 misdemeanor if committedby an adult; or (c) violated any of the provisions of § 18.2-308.7, and thereis clear and convincing evidence that:
a. Considering the seriousness of the current offense or offenses and otherpending charges, the seriousness of prior adjudicated offenses, the legalstatus of the juvenile and any aggravating and mitigating circumstances, theliberty of the juvenile, constitutes a clear and substantial threat to theperson or property of others;
b. The liberty of the juvenile would present a clear and substantial threatof serious harm to such juvenile's life or health; or
c. The juvenile has threatened to abscond from the court's jurisdictionduring the pendency of the instant proceedings or has a record of willfulfailure to appear at a court hearing within the immediately preceding 12months.
2. The juvenile has absconded from a detention home or facility where he hasbeen directed to remain by the lawful order of a judge or intake officer.
3. The juvenile is a fugitive from a jurisdiction outside the Commonwealthand subject to a verified petition or warrant, in which case such juvenilemay be detained for a period not to exceed that provided for in § 16.1-323while arrangements are made to return the juvenile to the lawful custody of aparent, guardian or other authority in another state.
4. The juvenile has failed to appear in court after having been duly servedwith a summons in any case in which it is alleged that the juvenile hascommitted a delinquent act or that the child is in need of services or is inneed of supervision; however, a child alleged to be in need of services or inneed of supervision may be detained for good cause pursuant to thissubsection only until the next day upon which the court sits within thecounty or city in which the charge against the child is pending, and under nocircumstances longer than 72 hours from the time he was taken into custody.If the 72-hour period expires on a Saturday, Sunday, legal holiday or day onwhich the court is lawfully closed, the 72 hours shall be extended to thenext day that is not a Saturday, Sunday, legal holiday or day on which thecourt is lawfully closed.
When a juvenile is placed in secure detention, the detention order shallstate the offense for which the juvenile is being detained, and, to theextent practicable, other pending and previous charges.
B. Any juvenile not meeting the criteria for placement in a secure facilityshall be released to a parent, guardian or other person willing and able toprovide supervision and care under such conditions as the judge, intakeofficer or magistrate may impose. However, a juvenile may be placed inshelter care if:
1. The juvenile is eligible for placement in a secure facility;
2. The juvenile has failed to adhere to the directions of the court, intakeofficer or magistrate while on conditional release;
3. The juvenile's parent, guardian or other person able to providesupervision cannot be reached within a reasonable time;
4. The juvenile does not consent to return home;
5. Neither the juvenile's parent or guardian nor any other person able toprovide proper supervision can arrive to assume custody within a reasonabletime; or
6. The juvenile's parent or guardian refuses to permit the juvenile to returnhome and no relative or other person willing and able to provide propersupervision and care can be located within a reasonable time.
C. When a juvenile is detained in a secure facility, the juvenile's probationofficer may review such placement for the purpose of seeking a lessrestrictive alternative to confinement in that secure facility.
D. The criteria for continuing the juvenile in detention or shelter care asset forth in this section shall govern the decisions of all persons involvedin determining whether the continued detention or shelter care is warrantedpending court disposition. Such criteria shall be supported by clear andconvincing evidence in support of the decision not to release the juvenile.
E. Nothing in this section shall be construed to deprive the court of itspower to punish a juvenile summarily for contempt for acts set forth in §18.2-456, other than acts of disobedience of the court's dispositional orderwhich are committed outside the presence of the court.
F. A detention order may be issued pursuant to subdivision 2 of subsection Aby the committing court or by the court in the jurisdiction from which thejuvenile fled or where he was taken into custody.
G. The court is authorized to detain a juvenile based upon the criteria setforth in subsection A at any time after a delinquency petition has beenfiled, both prior to adjudication and after adjudication pending finaldisposition subject to the time limitations set forth in § 16.1-277.1.
H. If the intake officer or magistrate releases the juvenile, either on bailor recognizance or under such conditions as may be imposed, no motion torevoke bail, or change such conditions may be made unless (i) the juvenilehas violated a term or condition of his release, or is convicted of or takeninto custody for an additional offense, or (ii) the attorney for theCommonwealth presents evidence that incorrect or incomplete informationregarding the factors in subsection A was relied upon by the intake officeror magistrate establishing the initial terms of release. If the juvenilecourt releases the juvenile, either on bail or recognizance or under suchconditions as may be imposed, over the objection of the attorney for theCommonwealth, the attorney for the Commonwealth may appeal such decision tothe circuit court. The order of the juvenile court releasing the juvenileshall remain in effect until the circuit court, Court of Appeals or SupremeCourt rules otherwise.
(1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632; 1989,c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837; 2002,cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683.)
§ 16.1-248.1. Criteria for detention or shelter care.
A. A juvenile taken into custody whose case is considered by a judge, intakeofficer or magistrate pursuant to § 16.1-247 shall immediately be released,upon the ascertainment of the necessary facts, to the care, custody andcontrol of such juvenile's parent, guardian, custodian or other suitableperson able and willing to provide supervision and care for such juvenile,either on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) ofTitle 19.2 or under such conditions as may be imposed or otherwise. However,at any time prior to an order of final disposition, a juvenile may bedetained in a secure facility, pursuant to a detention order or warrant, onlyupon a finding by the judge, intake officer, or magistrate, that there isprobable cause to believe that the juvenile committed the act alleged, andthat at least one of the following conditions is met:
1. The juvenile is alleged to have (a) violated the terms of his probation orparole when the charge for which he was placed on probation or parole wouldhave been a felony or Class 1 misdemeanor if committed by an adult; (b)committed an act that would be a felony or Class 1 misdemeanor if committedby an adult; or (c) violated any of the provisions of § 18.2-308.7, and thereis clear and convincing evidence that:
a. Considering the seriousness of the current offense or offenses and otherpending charges, the seriousness of prior adjudicated offenses, the legalstatus of the juvenile and any aggravating and mitigating circumstances, theliberty of the juvenile, constitutes a clear and substantial threat to theperson or property of others;
b. The liberty of the juvenile would present a clear and substantial threatof serious harm to such juvenile's life or health; or
c. The juvenile has threatened to abscond from the court's jurisdictionduring the pendency of the instant proceedings or has a record of willfulfailure to appear at a court hearing within the immediately preceding 12months.
2. The juvenile has absconded from a detention home or facility where he hasbeen directed to remain by the lawful order of a judge or intake officer.
3. The juvenile is a fugitive from a jurisdiction outside the Commonwealthand subject to a verified petition or warrant, in which case such juvenilemay be detained for a period not to exceed that provided for in § 16.1-323while arrangements are made to return the juvenile to the lawful custody of aparent, guardian or other authority in another state.
4. The juvenile has failed to appear in court after having been duly servedwith a summons in any case in which it is alleged that the juvenile hascommitted a delinquent act or that the child is in need of services or is inneed of supervision; however, a child alleged to be in need of services or inneed of supervision may be detained for good cause pursuant to thissubsection only until the next day upon which the court sits within thecounty or city in which the charge against the child is pending, and under nocircumstances longer than 72 hours from the time he was taken into custody.If the 72-hour period expires on a Saturday, Sunday, legal holiday or day onwhich the court is lawfully closed, the 72 hours shall be extended to thenext day that is not a Saturday, Sunday, legal holiday or day on which thecourt is lawfully closed.
When a juvenile is placed in secure detention, the detention order shallstate the offense for which the juvenile is being detained, and, to theextent practicable, other pending and previous charges.
B. Any juvenile not meeting the criteria for placement in a secure facilityshall be released to a parent, guardian or other person willing and able toprovide supervision and care under such conditions as the judge, intakeofficer or magistrate may impose. However, a juvenile may be placed inshelter care if:
1. The juvenile is eligible for placement in a secure facility;
2. The juvenile has failed to adhere to the directions of the court, intakeofficer or magistrate while on conditional release;
3. The juvenile's parent, guardian or other person able to providesupervision cannot be reached within a reasonable time;
4. The juvenile does not consent to return home;
5. Neither the juvenile's parent or guardian nor any other person able toprovide proper supervision can arrive to assume custody within a reasonabletime; or
6. The juvenile's parent or guardian refuses to permit the juvenile to returnhome and no relative or other person willing and able to provide propersupervision and care can be located within a reasonable time.
C. When a juvenile is detained in a secure facility, the juvenile's probationofficer may review such placement for the purpose of seeking a lessrestrictive alternative to confinement in that secure facility.
D. The criteria for continuing the juvenile in detention or shelter care asset forth in this section shall govern the decisions of all persons involvedin determining whether the continued detention or shelter care is warrantedpending court disposition. Such criteria shall be supported by clear andconvincing evidence in support of the decision not to release the juvenile.
E. Nothing in this section shall be construed to deprive the court of itspower to punish a juvenile summarily for contempt for acts set forth in §18.2-456, other than acts of disobedience of the court's dispositional orderwhich are committed outside the presence of the court.
F. A detention order may be issued pursuant to subdivision 2 of subsection Aby the committing court or by the court in the jurisdiction from which thejuvenile fled or where he was taken into custody.
G. The court is authorized to detain a juvenile based upon the criteria setforth in subsection A at any time after a delinquency petition has beenfiled, both prior to adjudication and after adjudication pending finaldisposition subject to the time limitations set forth in § 16.1-277.1.
H. If the intake officer or magistrate releases the juvenile, either on bailor recognizance or under such conditions as may be imposed, no motion torevoke bail, or change such conditions may be made unless (i) the juvenilehas violated a term or condition of his release, or is convicted of or takeninto custody for an additional offense, or (ii) the attorney for theCommonwealth presents evidence that incorrect or incomplete informationregarding the factors in subsection A was relied upon by the intake officeror magistrate establishing the initial terms of release. If the juvenilecourt releases the juvenile, either on bail or recognizance or under suchconditions as may be imposed, over the objection of the attorney for theCommonwealth, the attorney for the Commonwealth may appeal such decision tothe circuit court. The order of the juvenile court releasing the juvenileshall remain in effect until the circuit court, Court of Appeals or SupremeCourt rules otherwise.
(1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632; 1989,c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837; 2002,cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683.)
§ 16.1-248.1. Criteria for detention or shelter care.
A. A juvenile taken into custody whose case is considered by a judge, intakeofficer or magistrate pursuant to § 16.1-247 shall immediately be released,upon the ascertainment of the necessary facts, to the care, custody andcontrol of such juvenile's parent, guardian, custodian or other suitableperson able and willing to provide supervision and care for such juvenile,either on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) ofTitle 19.2 or under such conditions as may be imposed or otherwise. However,at any time prior to an order of final disposition, a juvenile may bedetained in a secure facility, pursuant to a detention order or warrant, onlyupon a finding by the judge, intake officer, or magistrate, that there isprobable cause to believe that the juvenile committed the act alleged, andthat at least one of the following conditions is met:
1. The juvenile is alleged to have (a) violated the terms of his probation orparole when the charge for which he was placed on probation or parole wouldhave been a felony or Class 1 misdemeanor if committed by an adult; (b)committed an act that would be a felony or Class 1 misdemeanor if committedby an adult; or (c) violated any of the provisions of § 18.2-308.7, and thereis clear and convincing evidence that:
a. Considering the seriousness of the current offense or offenses and otherpending charges, the seriousness of prior adjudicated offenses, the legalstatus of the juvenile and any aggravating and mitigating circumstances, theliberty of the juvenile, constitutes a clear and substantial threat to theperson or property of others;
b. The liberty of the juvenile would present a clear and substantial threatof serious harm to such juvenile's life or health; or
c. The juvenile has threatened to abscond from the court's jurisdictionduring the pendency of the instant proceedings or has a record of willfulfailure to appear at a court hearing within the immediately preceding 12months.
2. The juvenile has absconded from a detention home or facility where he hasbeen directed to remain by the lawful order of a judge or intake officer.
3. The juvenile is a fugitive from a jurisdiction outside the Commonwealthand subject to a verified petition or warrant, in which case such juvenilemay be detained for a period not to exceed that provided for in § 16.1-323while arrangements are made to return the juvenile to the lawful custody of aparent, guardian or other authority in another state.
4. The juvenile has failed to appear in court after having been duly servedwith a summons in any case in which it is alleged that the juvenile hascommitted a delinquent act or that the child is in need of services or is inneed of supervision; however, a child alleged to be in need of services or inneed of supervision may be detained for good cause pursuant to thissubsection only until the next day upon which the court sits within thecounty or city in which the charge against the child is pending, and under nocircumstances longer than 72 hours from the time he was taken into custody.If the 72-hour period expires on a Saturday, Sunday, legal holiday or day onwhich the court is lawfully closed, the 72 hours shall be extended to thenext day that is not a Saturday, Sunday, legal holiday or day on which thecourt is lawfully closed.
When a juvenile is placed in secure detention, the detention order shallstate the offense for which the juvenile is being detained, and, to theextent practicable, other pending and previous charges.
B. Any juvenile not meeting the criteria for placement in a secure facilityshall be released to a parent, guardian or other person willing and able toprovide supervision and care under such conditions as the judge, intakeofficer or magistrate may impose. However, a juvenile may be placed inshelter care if:
1. The juvenile is eligible for placement in a secure facility;
2. The juvenile has failed to adhere to the directions of the court, intakeofficer or magistrate while on conditional release;
3. The juvenile's parent, guardian or other person able to providesupervision cannot be reached within a reasonable time;
4. The juvenile does not consent to return home;
5. Neither the juvenile's parent or guardian nor any other person able toprovide proper supervision can arrive to assume custody within a reasonabletime; or
6. The juvenile's parent or guardian refuses to permit the juvenile to returnhome and no relative or other person willing and able to provide propersupervision and care can be located within a reasonable time.
C. When a juvenile is detained in a secure facility, the juvenile's probationofficer may review such placement for the purpose of seeking a lessrestrictive alternative to confinement in that secure facility.
D. The criteria for continuing the juvenile in detention or shelter care asset forth in this section shall govern the decisions of all persons involvedin determining whether the continued detention or shelter care is warrantedpending court disposition. Such criteria shall be supported by clear andconvincing evidence in support of the decision not to release the juvenile.
E. Nothing in this section shall be construed to deprive the court of itspower to punish a juvenile summarily for contempt for acts set forth in §18.2-456, other than acts of disobedience of the court's dispositional orderwhich are committed outside the presence of the court.
F. A detention order may be issued pursuant to subdivision 2 of subsection Aby the committing court or by the court in the jurisdiction from which thejuvenile fled or where he was taken into custody.
G. The court is authorized to detain a juvenile based upon the criteria setforth in subsection A at any time after a delinquency petition has beenfiled, both prior to adjudication and after adjudication pending finaldisposition subject to the time limitations set forth in § 16.1-277.1.
H. If the intake officer or magistrate releases the juvenile, either on bailor recognizance or under such conditions as may be imposed, no motion torevoke bail, or change such conditions may be made unless (i) the juvenilehas violated a term or condition of his release, or is convicted of or takeninto custody for an additional offense, or (ii) the attorney for theCommonwealth presents evidence that incorrect or incomplete informationregarding the factors in subsection A was relied upon by the intake officeror magistrate establishing the initial terms of release. If the juvenilecourt releases the juvenile, either on bail or recognizance or under suchconditions as may be imposed, over the objection of the attorney for theCommonwealth, the attorney for the Commonwealth may appeal such decision tothe circuit court. The order of the juvenile court releasing the juvenileshall remain in effect until the circuit court, Court of Appeals or SupremeCourt rules otherwise.
(1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632; 1989,c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837; 2002,cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683.)
