§ 16.1-285.2. Release and review hearing for serious offender.
A. Upon receipt of a petition of the Department of Juvenile Justice for ahearing concerning a juvenile committed under § 16.1-285.1, the court shallschedule a hearing within thirty days and shall appoint counsel for thejuvenile pursuant to § 16.1-266. The court shall provide a copy of thepetition, the progress report required by this section, and notice of thetime and place of the hearing to (i) the juvenile, (ii) the juvenile'sparent, legal guardian, or person standing in loco parentis, (iii) thejuvenile's guardian ad litem, if any, (iv) the juvenile's legal counsel, and(v) the attorney for the Commonwealth who prosecuted the juvenile during thedelinquency proceeding. The attorney for the Commonwealth shall providenotice of the time and place of the hearing by first-class mail to the lastknown address of any victim of the offense for which the juvenile wascommitted if such victim has submitted a written request for notification tothe attorney for the Commonwealth.
B. The petition shall be filed in the committing court and shall beaccompanied by a progress report from the Department. This report shalldescribe (i) the facility and living arrangement provided for the juvenile bythe Department, (ii) the services and treatment programs afforded thejuvenile, (iii) the juvenile's progress toward treatment goals andobjectives, which shall include a summary of his educational progress, (iv)the juvenile's potential for danger to either himself or the community, and(v) a comprehensive aftercare plan for the juvenile.
B1. The appearance of the juvenile before the court may be by (i) personalappearance before the judge, or (ii) use of two-way electronic video andaudio communication. If two-way electronic video and audio communication isused, a judge may exercise all powers conferred by law and all communicationsand proceedings shall be conducted in the same manner as if the appearancewere in person, and any documents filed may be transmitted by facsimileprocess. A facsimile may be served or executed by the officer or person towhom sent, and returned in the same manner, and with the same force, effect,authority, and liability as an original document. All signatures thereonshall be treated as original signatures. Any two-way electronic video andaudio communication system used for an appearance shall meet the standards asset forth in subsection B of § 19.2-3.1.
C. At the hearing the court shall consider the progress report. The court mayalso consider additional evidence from (i) probation officers, the juvenilecorrectional center, treatment professionals, and the court service unit;(ii) the juvenile, his legal counsel, parent, guardian or family member; or(iii) other sources the court deems relevant. The hearing and all recordsrelating thereto shall be governed by the confidentiality provisions ofArticle 12 (§ 16.1-299 et seq.) of this chapter.
D. At the conclusion of the hearing, the court shall order (i) continuedcommitment of the juvenile to the Department for completion of the originaldeterminate period of commitment or such lesser time as the court may orderor (ii) release of the juvenile under such terms and conditions as the courtmay prescribe. In making a determination under this section, the court shallconsider (i) the experiences and character of the juvenile before and aftercommitment, (ii) the nature of the offenses that the juvenile was found tohave committed, (iii) the manner in which the offenses were committed, (iv)the protection of the community, (v) the recommendations of the Department,and (vi) any other factors the court deems relevant. The order of the courtshall be final and not subject to appeal.
E. In the case of a juvenile convicted as an adult and committed as a seriousoffender under subdivision A 1 of § 16.1-272, at the conclusion of the reviewhearing, the circuit court shall order (i) the juvenile to begin serving anyadult sentence in whole or in part that may include any remaining part of theoriginal determinate period of commitment, or (ii) the suspension of theunserved portion of the adult sentence in whole or in part based upon thejuvenile's successful completion of the commitment as a serious offender, or(iii) the continued commitment of the juvenile to the Department forcompletion of the original determinate period of commitment or such lessertime as the court may order, or (iv) the release of the juvenile under suchterms and conditions as the court may prescribe.
(1994, cc. 859, 949; 1995, c. 536; 1996, cc. 755, 914; 2002, c. 511.)
§ 16.1-285.2. Release and review hearing for serious offender.
A. Upon receipt of a petition of the Department of Juvenile Justice for ahearing concerning a juvenile committed under § 16.1-285.1, the court shallschedule a hearing within thirty days and shall appoint counsel for thejuvenile pursuant to § 16.1-266. The court shall provide a copy of thepetition, the progress report required by this section, and notice of thetime and place of the hearing to (i) the juvenile, (ii) the juvenile'sparent, legal guardian, or person standing in loco parentis, (iii) thejuvenile's guardian ad litem, if any, (iv) the juvenile's legal counsel, and(v) the attorney for the Commonwealth who prosecuted the juvenile during thedelinquency proceeding. The attorney for the Commonwealth shall providenotice of the time and place of the hearing by first-class mail to the lastknown address of any victim of the offense for which the juvenile wascommitted if such victim has submitted a written request for notification tothe attorney for the Commonwealth.
B. The petition shall be filed in the committing court and shall beaccompanied by a progress report from the Department. This report shalldescribe (i) the facility and living arrangement provided for the juvenile bythe Department, (ii) the services and treatment programs afforded thejuvenile, (iii) the juvenile's progress toward treatment goals andobjectives, which shall include a summary of his educational progress, (iv)the juvenile's potential for danger to either himself or the community, and(v) a comprehensive aftercare plan for the juvenile.
B1. The appearance of the juvenile before the court may be by (i) personalappearance before the judge, or (ii) use of two-way electronic video andaudio communication. If two-way electronic video and audio communication isused, a judge may exercise all powers conferred by law and all communicationsand proceedings shall be conducted in the same manner as if the appearancewere in person, and any documents filed may be transmitted by facsimileprocess. A facsimile may be served or executed by the officer or person towhom sent, and returned in the same manner, and with the same force, effect,authority, and liability as an original document. All signatures thereonshall be treated as original signatures. Any two-way electronic video andaudio communication system used for an appearance shall meet the standards asset forth in subsection B of § 19.2-3.1.
C. At the hearing the court shall consider the progress report. The court mayalso consider additional evidence from (i) probation officers, the juvenilecorrectional center, treatment professionals, and the court service unit;(ii) the juvenile, his legal counsel, parent, guardian or family member; or(iii) other sources the court deems relevant. The hearing and all recordsrelating thereto shall be governed by the confidentiality provisions ofArticle 12 (§ 16.1-299 et seq.) of this chapter.
D. At the conclusion of the hearing, the court shall order (i) continuedcommitment of the juvenile to the Department for completion of the originaldeterminate period of commitment or such lesser time as the court may orderor (ii) release of the juvenile under such terms and conditions as the courtmay prescribe. In making a determination under this section, the court shallconsider (i) the experiences and character of the juvenile before and aftercommitment, (ii) the nature of the offenses that the juvenile was found tohave committed, (iii) the manner in which the offenses were committed, (iv)the protection of the community, (v) the recommendations of the Department,and (vi) any other factors the court deems relevant. The order of the courtshall be final and not subject to appeal.
E. In the case of a juvenile convicted as an adult and committed as a seriousoffender under subdivision A 1 of § 16.1-272, at the conclusion of the reviewhearing, the circuit court shall order (i) the juvenile to begin serving anyadult sentence in whole or in part that may include any remaining part of theoriginal determinate period of commitment, or (ii) the suspension of theunserved portion of the adult sentence in whole or in part based upon thejuvenile's successful completion of the commitment as a serious offender, or(iii) the continued commitment of the juvenile to the Department forcompletion of the original determinate period of commitment or such lessertime as the court may order, or (iv) the release of the juvenile under suchterms and conditions as the court may prescribe.
(1994, cc. 859, 949; 1995, c. 536; 1996, cc. 755, 914; 2002, c. 511.)
§ 16.1-285.2. Release and review hearing for serious offender.
A. Upon receipt of a petition of the Department of Juvenile Justice for ahearing concerning a juvenile committed under § 16.1-285.1, the court shallschedule a hearing within thirty days and shall appoint counsel for thejuvenile pursuant to § 16.1-266. The court shall provide a copy of thepetition, the progress report required by this section, and notice of thetime and place of the hearing to (i) the juvenile, (ii) the juvenile'sparent, legal guardian, or person standing in loco parentis, (iii) thejuvenile's guardian ad litem, if any, (iv) the juvenile's legal counsel, and(v) the attorney for the Commonwealth who prosecuted the juvenile during thedelinquency proceeding. The attorney for the Commonwealth shall providenotice of the time and place of the hearing by first-class mail to the lastknown address of any victim of the offense for which the juvenile wascommitted if such victim has submitted a written request for notification tothe attorney for the Commonwealth.
B. The petition shall be filed in the committing court and shall beaccompanied by a progress report from the Department. This report shalldescribe (i) the facility and living arrangement provided for the juvenile bythe Department, (ii) the services and treatment programs afforded thejuvenile, (iii) the juvenile's progress toward treatment goals andobjectives, which shall include a summary of his educational progress, (iv)the juvenile's potential for danger to either himself or the community, and(v) a comprehensive aftercare plan for the juvenile.
B1. The appearance of the juvenile before the court may be by (i) personalappearance before the judge, or (ii) use of two-way electronic video andaudio communication. If two-way electronic video and audio communication isused, a judge may exercise all powers conferred by law and all communicationsand proceedings shall be conducted in the same manner as if the appearancewere in person, and any documents filed may be transmitted by facsimileprocess. A facsimile may be served or executed by the officer or person towhom sent, and returned in the same manner, and with the same force, effect,authority, and liability as an original document. All signatures thereonshall be treated as original signatures. Any two-way electronic video andaudio communication system used for an appearance shall meet the standards asset forth in subsection B of § 19.2-3.1.
C. At the hearing the court shall consider the progress report. The court mayalso consider additional evidence from (i) probation officers, the juvenilecorrectional center, treatment professionals, and the court service unit;(ii) the juvenile, his legal counsel, parent, guardian or family member; or(iii) other sources the court deems relevant. The hearing and all recordsrelating thereto shall be governed by the confidentiality provisions ofArticle 12 (§ 16.1-299 et seq.) of this chapter.
D. At the conclusion of the hearing, the court shall order (i) continuedcommitment of the juvenile to the Department for completion of the originaldeterminate period of commitment or such lesser time as the court may orderor (ii) release of the juvenile under such terms and conditions as the courtmay prescribe. In making a determination under this section, the court shallconsider (i) the experiences and character of the juvenile before and aftercommitment, (ii) the nature of the offenses that the juvenile was found tohave committed, (iii) the manner in which the offenses were committed, (iv)the protection of the community, (v) the recommendations of the Department,and (vi) any other factors the court deems relevant. The order of the courtshall be final and not subject to appeal.
E. In the case of a juvenile convicted as an adult and committed as a seriousoffender under subdivision A 1 of § 16.1-272, at the conclusion of the reviewhearing, the circuit court shall order (i) the juvenile to begin serving anyadult sentence in whole or in part that may include any remaining part of theoriginal determinate period of commitment, or (ii) the suspension of theunserved portion of the adult sentence in whole or in part based upon thejuvenile's successful completion of the commitment as a serious offender, or(iii) the continued commitment of the juvenile to the Department forcompletion of the original determinate period of commitment or such lessertime as the court may order, or (iv) the release of the juvenile under suchterms and conditions as the court may prescribe.
(1994, cc. 859, 949; 1995, c. 536; 1996, cc. 755, 914; 2002, c. 511.)
