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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 180. Regulations Governing Mental Health Services Transition Plans for Incarcerated Juveniles
9/30/2022

6VAC35-180-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Department" means the Virginia Department of Juvenile Justice.

"Direct discharge" means the release of a resident from commitment to the department with no supervision conditions imposed upon the resident by the department or a court.

"Facility" means a juvenile correctional center operated by the department , an alternative placement for residents under the direct custody of the department, or a detention home operating a postdispositional detention program serving residents sentenced under subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia.

"Identified as having a recognized mental health, substance abuse, or other therapeutic treatment need" means a resident who meets established criteria, set forth in 6VAC35-180-30, based on objective assessment or diagnosis by a qualified mental health professional, as provided for in this regulation.

"Incarceration" means confinement in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14 , A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia.

"Indeterminately committed" means commitment to the department pursuant to subdivision A 14 of § 16.1-278.8 of the Code of Virginia with the resident's length of stay calculated in accordance with § 16.1-285 of the Code of Virginia and the department's Length of Stay Guidelines.

"Juvenile" means an individual , regardless of age, who has been confined in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14, A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia or an individual, regardless of age, who is under the supervision of or receiving services from a court service unit.

"Mental health services transition planning" means the enhanced planning process described by 6VAC35-180-70 through 6VAC35-180-160 to ensure the provision of mental health, substance abuse, or other therapeutic treatment services upon a resident's release from incarceration. This planning process is considered "enhanced" because it is more comprehensive than the standard process for developing a plan for probation, parole, or aftercare. This process shall result in a mental health transition services plan.

"Resident" means an individual, both a juvenile and an adult, who is or was committed to the department pursuant to § 16.1-285.1 or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia and resides in a juvenile residential facility or a secure facility defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or placed in a detention home that is operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia. Resident includes an individual, both juvenile and adult, who is or was committed to the department by a circuit court judge under § 16.1-272 of the Code of Virginia. For purposes of this regulation, the term includes residents being released from incarceration who are 18 years old or older and excludes any individual sentenced under § 16.1-272 of the Code of Virginia who will be released directly from a department facility to an adult correctional institution or jail to complete the remaining portion of a blended sentence.

"Serious offender" means an individual who was committed to the department pursuant to subdivision A 17 of § 16.1-278.8 and § 16.1-285.1 of the Code of Virginia.

Statutory Authority

§§ 16.1-293.1 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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