State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-11 > 16-1-309-1

§ 16.1-309.1. Exception as to confidentiality.

A. Notwithstanding any other provision of this article, where considerationof public interest requires, the judge shall make available to the public thename and address of a juvenile and the nature of the offense for which ajuvenile has been adjudicated delinquent (i) for an act which would be aClass 1, 2, or 3 felony, forcible rape, robbery or burglary or a relatedoffense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title18.2 if committed by an adult or (ii) in any case where a juvenile issentenced as an adult in circuit court.

B. 1. a. At any time prior to disposition, if a juvenile charged with adelinquent act which would constitute a felony if committed by an adult, orheld in custody by a law-enforcement officer, or held in a secure facilitypursuant to such charge becomes a fugitive from justice, the attorney for theCommonwealth or, upon notice to the Commonwealth's attorney, the Departmentof Juvenile Justice or a locally operated court services unit, may, withnotice to the juvenile's attorney of record, petition the court havingjurisdiction of the offense to authorize public release of the juvenile'sname, age, physical description and photograph, the charge for which he issought or for which he was adjudicated and any other information which mayexpedite his apprehension. Upon a showing that the juvenile is a fugitive andfor good cause, the court shall order release of this information to thepublic. If a juvenile charged with a delinquent act that would constitute afelony if committed by an adult, or held in custody by a law-enforcementofficer, or held in a secure facility pursuant to such charge becomes afugitive from justice at a time when the court is not in session, theCommonwealth's attorney, the Department of Juvenile Justice, or a locallyoperated court services unit may, with notice to the juvenile's attorney ofrecord, authorize the public release of the juvenile's name, age, physicaldescription and photograph, the charge for which he is sought, and any otherinformation which may expedite his apprehension.

b. At any time prior to disposition, if a juvenile charged with a delinquentact which would constitute a misdemeanor if committed by an adult, or held incustody by a law-enforcement officer, or held in a secure facility pursuantto such charge becomes a fugitive from justice, the attorney for theCommonwealth may, with notice to the juvenile's attorney of record, petitionthe court having jurisdiction of the offense to authorize public release ofthe juvenile's name, age, physical description and photograph, the charge forwhich he is sought or for which he was adjudicated and any other informationwhich may expedite his apprehension. Upon a showing that the juvenile is afugitive and for good cause, the court shall order release of thisinformation to the public. If a juvenile charged with a delinquent act thatwould constitute a misdemeanor if committed by an adult, or held in custodyby a law-enforcement officer, or held in a secure facility pursuant to suchcharge becomes a fugitive from justice at a time when the court is not insession, the attorney for the Commonwealth may, with notice to the juvenile'sattorney of record, authorize the public release of the juvenile's name, age,physical description and photograph, the charge for which he is sought, andany other information which may expedite his apprehension.

2. After final disposition, if a juvenile (i) found to have committed adelinquent act becomes a fugitive from justice or (ii) who has been committedto the Department of Juvenile Justice pursuant to subdivision 14 of §16.1-278.8 or 16.1-285.1 becomes a fugitive from justice by escaping from afacility operated by or under contract with the Department or from thecustody of any employee of such facility, the Department may release to thepublic the juvenile's name, age, physical description and photograph, thecharge for which he is sought or for which he was committed, and any otherinformation which may expedite his apprehension. The Department shallpromptly notify the attorney for the Commonwealth of the jurisdiction inwhich the juvenile was tried whenever information is released pursuant tothis subdivision. If a juvenile specified in clause (i) being held afterdisposition in a secure facility not operated by or under contract with theDepartment becomes a fugitive by such escape, the attorney for theCommonwealth of the locality in which the facility is located may release theinformation as provided in this subdivision.

C. Whenever a juvenile 14 years of age or older is charged with a delinquentact that would be a criminal violation of Article 2 (§ 18.2-38 et seq.) ofChapter 4 of Title 18.2, a felony involving a weapon, a felony violation ofArticle 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an "act ofviolence" as defined in subsection A of § 19.2-297.1 if committed by anadult, the judge may, where consideration of the public interest requires,make the juvenile's name and address available to the public.

D. Upon the request of a victim of a delinquent act which would be a felonyif committed by an adult, the court may order that such victim be informed ofthe charge or charges brought, the findings of the court, and the dispositionof the case. For purposes of this section, "victim" shall be defined as in§ 19.2-11.01.

E. Upon request, the judge or clerk may disclose if an order of emancipationof a juvenile pursuant to § 16.1-333 has been entered, provided (i) the orderis not being appealed, (ii) the order has not been terminated, or (iii) therehas not been a judicial determination that the order is void ab initio.

F. Notwithstanding any other provision of law, a copy of any court order thatimposes a curfew or other restriction on a juvenile may be provided to thechief law-enforcement officer of the county or city wherein the juvenileresides. The chief law-enforcement officer shall only disclose informationcontained in the court order to other law-enforcement officers in the conductof official duties.

G. Notwithstanding any other provision of law, where consideration of publicsafety requires, the Department and locally operated court service unit shallrelease information relating to a juvenile's criminal street ganginvolvement, if any, and the criminal street gang-related activity andmembership of others, as criminal street gang is defined in § 18.2-46.1,obtained from an investigation or supervision of a juvenile and shall includethe identity or identifying information of the juvenile; however, theDepartment and local court service unit shall not release the identifyinginformation of a juvenile not affiliated with or involved in a criminalstreet gang unless that information relates to a specific criminal act. Suchinformation shall be released to any State Police, local police department,sheriff's office, or law-enforcement task force that is a part of oradministered by the Commonwealth or any political subdivision thereof, andthat is responsible for the prevention and detection of crime and theenforcement of the penal, traffic, or highway laws of the Commonwealth. Theexchange of information shall be for the purpose of an investigation intocriminal street gang activity.

H. Notwithstanding any other provision of Article 12 (§ 16.1-299 et seq.), anintake officer shall report to the Bureau of Immigration and CustomsEnforcement of the United States Department of Homeland Security a juvenilewho has been detained in a secure facility based on an allegation that thejuvenile committed a violent juvenile felony and who the intake officer hasprobable cause to believe is in the United States illegally.

(1979, c. 94; 1981, c. 307; 1986, c. 506; 1988, c. 749; 1993, c. 297; 1994,cc. 499, 542; 1995, cc. 558, 687, 804; 1997, cc. 434, 452; 1999, c. 710;2000, cc. 563, 603; 2005, c. 364; 2006, cc. 259, 309, 682; 2008, c. 798;2010, cc. 367, 472, 526.)

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-11 > 16-1-309-1

§ 16.1-309.1. Exception as to confidentiality.

A. Notwithstanding any other provision of this article, where considerationof public interest requires, the judge shall make available to the public thename and address of a juvenile and the nature of the offense for which ajuvenile has been adjudicated delinquent (i) for an act which would be aClass 1, 2, or 3 felony, forcible rape, robbery or burglary or a relatedoffense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title18.2 if committed by an adult or (ii) in any case where a juvenile issentenced as an adult in circuit court.

B. 1. a. At any time prior to disposition, if a juvenile charged with adelinquent act which would constitute a felony if committed by an adult, orheld in custody by a law-enforcement officer, or held in a secure facilitypursuant to such charge becomes a fugitive from justice, the attorney for theCommonwealth or, upon notice to the Commonwealth's attorney, the Departmentof Juvenile Justice or a locally operated court services unit, may, withnotice to the juvenile's attorney of record, petition the court havingjurisdiction of the offense to authorize public release of the juvenile'sname, age, physical description and photograph, the charge for which he issought or for which he was adjudicated and any other information which mayexpedite his apprehension. Upon a showing that the juvenile is a fugitive andfor good cause, the court shall order release of this information to thepublic. If a juvenile charged with a delinquent act that would constitute afelony if committed by an adult, or held in custody by a law-enforcementofficer, or held in a secure facility pursuant to such charge becomes afugitive from justice at a time when the court is not in session, theCommonwealth's attorney, the Department of Juvenile Justice, or a locallyoperated court services unit may, with notice to the juvenile's attorney ofrecord, authorize the public release of the juvenile's name, age, physicaldescription and photograph, the charge for which he is sought, and any otherinformation which may expedite his apprehension.

b. At any time prior to disposition, if a juvenile charged with a delinquentact which would constitute a misdemeanor if committed by an adult, or held incustody by a law-enforcement officer, or held in a secure facility pursuantto such charge becomes a fugitive from justice, the attorney for theCommonwealth may, with notice to the juvenile's attorney of record, petitionthe court having jurisdiction of the offense to authorize public release ofthe juvenile's name, age, physical description and photograph, the charge forwhich he is sought or for which he was adjudicated and any other informationwhich may expedite his apprehension. Upon a showing that the juvenile is afugitive and for good cause, the court shall order release of thisinformation to the public. If a juvenile charged with a delinquent act thatwould constitute a misdemeanor if committed by an adult, or held in custodyby a law-enforcement officer, or held in a secure facility pursuant to suchcharge becomes a fugitive from justice at a time when the court is not insession, the attorney for the Commonwealth may, with notice to the juvenile'sattorney of record, authorize the public release of the juvenile's name, age,physical description and photograph, the charge for which he is sought, andany other information which may expedite his apprehension.

2. After final disposition, if a juvenile (i) found to have committed adelinquent act becomes a fugitive from justice or (ii) who has been committedto the Department of Juvenile Justice pursuant to subdivision 14 of §16.1-278.8 or 16.1-285.1 becomes a fugitive from justice by escaping from afacility operated by or under contract with the Department or from thecustody of any employee of such facility, the Department may release to thepublic the juvenile's name, age, physical description and photograph, thecharge for which he is sought or for which he was committed, and any otherinformation which may expedite his apprehension. The Department shallpromptly notify the attorney for the Commonwealth of the jurisdiction inwhich the juvenile was tried whenever information is released pursuant tothis subdivision. If a juvenile specified in clause (i) being held afterdisposition in a secure facility not operated by or under contract with theDepartment becomes a fugitive by such escape, the attorney for theCommonwealth of the locality in which the facility is located may release theinformation as provided in this subdivision.

C. Whenever a juvenile 14 years of age or older is charged with a delinquentact that would be a criminal violation of Article 2 (§ 18.2-38 et seq.) ofChapter 4 of Title 18.2, a felony involving a weapon, a felony violation ofArticle 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an "act ofviolence" as defined in subsection A of § 19.2-297.1 if committed by anadult, the judge may, where consideration of the public interest requires,make the juvenile's name and address available to the public.

D. Upon the request of a victim of a delinquent act which would be a felonyif committed by an adult, the court may order that such victim be informed ofthe charge or charges brought, the findings of the court, and the dispositionof the case. For purposes of this section, "victim" shall be defined as in§ 19.2-11.01.

E. Upon request, the judge or clerk may disclose if an order of emancipationof a juvenile pursuant to § 16.1-333 has been entered, provided (i) the orderis not being appealed, (ii) the order has not been terminated, or (iii) therehas not been a judicial determination that the order is void ab initio.

F. Notwithstanding any other provision of law, a copy of any court order thatimposes a curfew or other restriction on a juvenile may be provided to thechief law-enforcement officer of the county or city wherein the juvenileresides. The chief law-enforcement officer shall only disclose informationcontained in the court order to other law-enforcement officers in the conductof official duties.

G. Notwithstanding any other provision of law, where consideration of publicsafety requires, the Department and locally operated court service unit shallrelease information relating to a juvenile's criminal street ganginvolvement, if any, and the criminal street gang-related activity andmembership of others, as criminal street gang is defined in § 18.2-46.1,obtained from an investigation or supervision of a juvenile and shall includethe identity or identifying information of the juvenile; however, theDepartment and local court service unit shall not release the identifyinginformation of a juvenile not affiliated with or involved in a criminalstreet gang unless that information relates to a specific criminal act. Suchinformation shall be released to any State Police, local police department,sheriff's office, or law-enforcement task force that is a part of oradministered by the Commonwealth or any political subdivision thereof, andthat is responsible for the prevention and detection of crime and theenforcement of the penal, traffic, or highway laws of the Commonwealth. Theexchange of information shall be for the purpose of an investigation intocriminal street gang activity.

H. Notwithstanding any other provision of Article 12 (§ 16.1-299 et seq.), anintake officer shall report to the Bureau of Immigration and CustomsEnforcement of the United States Department of Homeland Security a juvenilewho has been detained in a secure facility based on an allegation that thejuvenile committed a violent juvenile felony and who the intake officer hasprobable cause to believe is in the United States illegally.

(1979, c. 94; 1981, c. 307; 1986, c. 506; 1988, c. 749; 1993, c. 297; 1994,cc. 499, 542; 1995, cc. 558, 687, 804; 1997, cc. 434, 452; 1999, c. 710;2000, cc. 563, 603; 2005, c. 364; 2006, cc. 259, 309, 682; 2008, c. 798;2010, cc. 367, 472, 526.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-11 > 16-1-309-1

§ 16.1-309.1. Exception as to confidentiality.

A. Notwithstanding any other provision of this article, where considerationof public interest requires, the judge shall make available to the public thename and address of a juvenile and the nature of the offense for which ajuvenile has been adjudicated delinquent (i) for an act which would be aClass 1, 2, or 3 felony, forcible rape, robbery or burglary or a relatedoffense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title18.2 if committed by an adult or (ii) in any case where a juvenile issentenced as an adult in circuit court.

B. 1. a. At any time prior to disposition, if a juvenile charged with adelinquent act which would constitute a felony if committed by an adult, orheld in custody by a law-enforcement officer, or held in a secure facilitypursuant to such charge becomes a fugitive from justice, the attorney for theCommonwealth or, upon notice to the Commonwealth's attorney, the Departmentof Juvenile Justice or a locally operated court services unit, may, withnotice to the juvenile's attorney of record, petition the court havingjurisdiction of the offense to authorize public release of the juvenile'sname, age, physical description and photograph, the charge for which he issought or for which he was adjudicated and any other information which mayexpedite his apprehension. Upon a showing that the juvenile is a fugitive andfor good cause, the court shall order release of this information to thepublic. If a juvenile charged with a delinquent act that would constitute afelony if committed by an adult, or held in custody by a law-enforcementofficer, or held in a secure facility pursuant to such charge becomes afugitive from justice at a time when the court is not in session, theCommonwealth's attorney, the Department of Juvenile Justice, or a locallyoperated court services unit may, with notice to the juvenile's attorney ofrecord, authorize the public release of the juvenile's name, age, physicaldescription and photograph, the charge for which he is sought, and any otherinformation which may expedite his apprehension.

b. At any time prior to disposition, if a juvenile charged with a delinquentact which would constitute a misdemeanor if committed by an adult, or held incustody by a law-enforcement officer, or held in a secure facility pursuantto such charge becomes a fugitive from justice, the attorney for theCommonwealth may, with notice to the juvenile's attorney of record, petitionthe court having jurisdiction of the offense to authorize public release ofthe juvenile's name, age, physical description and photograph, the charge forwhich he is sought or for which he was adjudicated and any other informationwhich may expedite his apprehension. Upon a showing that the juvenile is afugitive and for good cause, the court shall order release of thisinformation to the public. If a juvenile charged with a delinquent act thatwould constitute a misdemeanor if committed by an adult, or held in custodyby a law-enforcement officer, or held in a secure facility pursuant to suchcharge becomes a fugitive from justice at a time when the court is not insession, the attorney for the Commonwealth may, with notice to the juvenile'sattorney of record, authorize the public release of the juvenile's name, age,physical description and photograph, the charge for which he is sought, andany other information which may expedite his apprehension.

2. After final disposition, if a juvenile (i) found to have committed adelinquent act becomes a fugitive from justice or (ii) who has been committedto the Department of Juvenile Justice pursuant to subdivision 14 of §16.1-278.8 or 16.1-285.1 becomes a fugitive from justice by escaping from afacility operated by or under contract with the Department or from thecustody of any employee of such facility, the Department may release to thepublic the juvenile's name, age, physical description and photograph, thecharge for which he is sought or for which he was committed, and any otherinformation which may expedite his apprehension. The Department shallpromptly notify the attorney for the Commonwealth of the jurisdiction inwhich the juvenile was tried whenever information is released pursuant tothis subdivision. If a juvenile specified in clause (i) being held afterdisposition in a secure facility not operated by or under contract with theDepartment becomes a fugitive by such escape, the attorney for theCommonwealth of the locality in which the facility is located may release theinformation as provided in this subdivision.

C. Whenever a juvenile 14 years of age or older is charged with a delinquentact that would be a criminal violation of Article 2 (§ 18.2-38 et seq.) ofChapter 4 of Title 18.2, a felony involving a weapon, a felony violation ofArticle 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an "act ofviolence" as defined in subsection A of § 19.2-297.1 if committed by anadult, the judge may, where consideration of the public interest requires,make the juvenile's name and address available to the public.

D. Upon the request of a victim of a delinquent act which would be a felonyif committed by an adult, the court may order that such victim be informed ofthe charge or charges brought, the findings of the court, and the dispositionof the case. For purposes of this section, "victim" shall be defined as in§ 19.2-11.01.

E. Upon request, the judge or clerk may disclose if an order of emancipationof a juvenile pursuant to § 16.1-333 has been entered, provided (i) the orderis not being appealed, (ii) the order has not been terminated, or (iii) therehas not been a judicial determination that the order is void ab initio.

F. Notwithstanding any other provision of law, a copy of any court order thatimposes a curfew or other restriction on a juvenile may be provided to thechief law-enforcement officer of the county or city wherein the juvenileresides. The chief law-enforcement officer shall only disclose informationcontained in the court order to other law-enforcement officers in the conductof official duties.

G. Notwithstanding any other provision of law, where consideration of publicsafety requires, the Department and locally operated court service unit shallrelease information relating to a juvenile's criminal street ganginvolvement, if any, and the criminal street gang-related activity andmembership of others, as criminal street gang is defined in § 18.2-46.1,obtained from an investigation or supervision of a juvenile and shall includethe identity or identifying information of the juvenile; however, theDepartment and local court service unit shall not release the identifyinginformation of a juvenile not affiliated with or involved in a criminalstreet gang unless that information relates to a specific criminal act. Suchinformation shall be released to any State Police, local police department,sheriff's office, or law-enforcement task force that is a part of oradministered by the Commonwealth or any political subdivision thereof, andthat is responsible for the prevention and detection of crime and theenforcement of the penal, traffic, or highway laws of the Commonwealth. Theexchange of information shall be for the purpose of an investigation intocriminal street gang activity.

H. Notwithstanding any other provision of Article 12 (§ 16.1-299 et seq.), anintake officer shall report to the Bureau of Immigration and CustomsEnforcement of the United States Department of Homeland Security a juvenilewho has been detained in a secure facility based on an allegation that thejuvenile committed a violent juvenile felony and who the intake officer hasprobable cause to believe is in the United States illegally.

(1979, c. 94; 1981, c. 307; 1986, c. 506; 1988, c. 749; 1993, c. 297; 1994,cc. 499, 542; 1995, cc. 558, 687, 804; 1997, cc. 434, 452; 1999, c. 710;2000, cc. 563, 603; 2005, c. 364; 2006, cc. 259, 309, 682; 2008, c. 798;2010, cc. 367, 472, 526.)