Code of Virginia

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Code of Virginia
Title 66. Juvenile Justice
Subtitle .
Chapter 1. Department and State Board of Juvenile Justice

Chapter 1. Department and State Board of Juvenile Justice.

§ 66-1. Creation of Department of Juvenile Justice.

There is hereby created within the executive branch, responsible to the Governor, a Department of Juvenile Justice. The Department shall be under the immediate supervision of a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly. The Director shall serve at the pleasure of the Governor or until his successor shall be appointed and qualified. Vacancies shall be filled in the same manner as original appointments.

1989, c. 733; 1990, c. 350; 1996, c. 503.

§ 66-2. Supervision of the Department.

The Director of the Department of Juvenile Justice shall, under the direction of the Governor, be responsible for the supervision of the Department and shall exercise such other powers and perform such other duties as may be conferred or imposed by law upon him. He shall perform such other duties as may be required of him by the Governor and the Secretary of Public Safety and Homeland Security.

1989, c. 733; 1990, cc. 1, 317; 2014, cc. 115, 490.

§ 66-3. Powers of the Director.

A. The Director of the Department shall have the following general powers:

1. To employ such personnel as may be required to carry out the purposes of this title.

2. To make and enter into all contracts and agreements necessary or incidental to the performance of his duties and the execution of his powers under this title, including, but not limited to, contracts and agreements with the United States, other states, and agencies and governmental subdivisions of the Commonwealth.

3. With the prior approval of the Governor, to enter into agreements with a public or private entity to operate a work program for children committed to the Department.

4. With the prior approval of the Governor, to acquire real property, by purchase or gift, needed for new or existing state juvenile correctional facilities and for administrative and other facilities necessary to the operations of the Department, pursuant to regulations promulgated by the Board to ensure adequate public notice and local hearing.

5. To establish and maintain schools of the appropriate grades, levels, and types in the institutions for persons committed to juvenile correctional centers.

6. To enter into such agreements with private entities, nonprofit civic organizations, school divisions, and public and private two-year and four-year institutions of higher education as it may deem necessary to provide age-appropriate educational programs and training, including career and technical education; career development opportunities; public service projects; restricted Internet access to online courses of institutions of higher education and approved or accredited online secondary education or adult education and literacy programs leading to a diploma or achieving a passing score on a high school equivalency examination approved by the Board of Education; access to postsecondary education that includes college credit, certification through an accredited vocational training program, or other accredited continuing education program using videoconferencing technology; and other learning experiences in the furtherance of its duties and responsibilities under this chapter for persons committed to the institutions comprising the Department.

7. To designate employees of the Department with internal investigations authority to have the same power as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of the Department. Such employees shall be subject to any minimum training standards established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law-enforcement power granted under this subdivision. Nothing in this section shall be construed to grant the Department any authority over the operation and security of detention homes not specified in any other provision of law. The Department shall investigate allegations of criminal behavior in accordance with a written agreement entered into with the Department of State Police. The Department shall not investigate any action falling within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2 unless specifically authorized by the Office of the State Inspector General.

8. To do all acts necessary or convenient to carry out the purposes of this title.

B. The Director shall comply with and require all school facilities within the Department to comply with applicable regulations and statutes, both state and federal.

1989, c. 733; 1993, cc. 460, 487; 1995, c. 701; 2012, cc. 803, 835; 2013, cc. 143, 214; 2014, c. 84.

§ 66-3.1. Repealed.

Repealed by Acts 2011, cc. 798 and 871, cl. 2, effective July 1, 2012.

§ 66-3.2. Additional duties of the Director.

A. The Director shall coordinate with the Department of Corrections the development and submission of requests for compensation from the United States Department of Justice State Criminal Alien Assistance Program for costs associated with incarcerating undocumented aliens.

B. The Director shall forward to the Commonwealth's Attorneys' Services Council, updated on a monthly basis, a list of all juveniles, 14 years of age or older, that (i) have been committed to the Department, (ii) have been found guilty of a felony offense defined as a predicate criminal act under § 18.2-46.1, or have been adjudicated delinquent on the basis of an act that would be a felony and a predicate criminal act under § 18.2-46.1 if committed by an adult, and (iii) have been identified as belonging to a criminal gang. The list shall contain identifying information for each gang member, as well as the offense, court, and date of conviction or adjudication.

2004, c. 126; 2006, cc. 431, 500.

§ 66-4. State Board of Juvenile Justice.

There shall be a State Board of Juvenile Justice, consisting of nine members appointed by the Governor, two of whom shall be experienced educators. In making appointments, the Governor shall endeavor to select appointees of such qualifications and experience that the membership of the Board shall include persons suitably qualified to consider and act upon the various problems that may come before the Board. The appointments shall be subject to confirmation by the General Assembly if in session and, if not, then at its next succeeding session.

1989, c. 733; 1996, c. 503; 2013, cc. 37, 232.

§ 66-5. Term of office of members; suspension or removal.

The members of the Board shall be appointed initially as follows: three members for a term of two years each and four members for a term of four years each. Thereafter, the appointment of such members or their successors shall be for terms of four years, except that an appointment to fill a vacancy shall be for the unexpired term. No person shall be eligible to serve for or during more than two successive four-year terms. However, any person appointed to fill a vacancy may be eligible for two additional successive terms after the term of the vacancy for which he was appointed has expired. Members of the Board may be suspended or removed by the Governor at his pleasure.

1989, c. 733.

§ 66-6. Chairman, vice-chairman and secretary.

The Board shall select a chairman from its membership, and under rules adopted by itself may elect one of its members as vice-chairman. It shall elect one of its members as secretary.

1989, c. 733.

§ 66-7. Compensation and expenses.

The members of the Board shall receive no salaries. They shall be paid their necessary traveling and other expenses incurred in attendance at meetings, or while otherwise engaged in the discharge of their duties, and the sum of fifty dollars a day for each day or portion thereof in which they are engaged in the performance of their duties.

1989, c. 733.

§ 66-8. Meetings.

The Board shall meet at such times as it deems appropriate and on call of the chairman when in his opinion meetings are expedient or necessary. However, the Board shall meet at least four times each calendar year.

1989, c. 733.

§ 66-9. Quorum.

A majority of the current membership of the Board shall constitute a quorum for all purposes.

1989, c. 733.

§ 66-10. Powers and duties of Board.

The Board shall have the following powers and duties:

1. To establish and monitor policies for the programs and facilities for which the Department is responsible under this law.

2. To ensure the development of a long-range youth services policy.

3. To monitor the activities of the Department and its effectiveness in implementing the policies developed by the Board.

4. To advise the Governor and Director on matters relating to youth services.

5. To promulgate such regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth.

6. To ensure the development of programs to educate citizens and elicit public support for the activities of the Department.

7. To establish length-of-stay guidelines for juveniles indeterminately committed to the Department and to make such guidelines available for public comment.

8. To adopt all necessary regulations for the management and operation of the schools in the Department except that the regulations adopted hereunder shall not conflict with regulations relating to security of the institutions in which the juveniles are committed.

9. To establish compulsory minimum entry-level, in-service, and advanced training standards, as well as the time required for completion of such training, for persons employed as juvenile correctional officers employed at a juvenile correctional facility as defined in § 66-25.3. For such juvenile correctional officers who may have contact with pregnant inmates, such standards shall include training on the general care of pregnant women, the impact of restraints on pregnant inmates and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant inmates, and the impact of body cavity searches on pregnant inmates.

1989, c. 733; 1990, c. 679; 1996, cc. 755, 914; 2012, cc. 164, 456, 803, 835; 2019, c. 366; 2020, c. 526.

§ 66-10.01. Certified mail; subsequent mail or notices may be sent by regular mail.

Whenever in this title the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.

2011, c. 566.

§ 66-10.1. Board to establish regulations regarding human research.

The Board shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Director or his designee at least annually a report on human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.

1992, c. 603.

§ 66-10.2. Board to establish regulations regarding youth detained in juvenile correctional facilities pursuant to contracts with the federal government.

The Board, in collaboration with the Department of Behavioral Health and Developmental Services, shall promulgate regulations governing the housing of youth who are detained in a juvenile correctional facility pursuant to a contract with the federal government and not committed to such juvenile correctional facility by a court of the Commonwealth. Such regulations shall establish:

1. Standards that (i) govern the use of physical force, mechanical restraints, and spit guards and (ii) avoid the use of isolation;

2. Staff training requirements regarding cognitive behavioral interventions, trauma-informed care, cultural background implications, de-escalation techniques, and the use of physical and mechanical restraints;

3. Requirements for an appropriate number of bilingual staff and culturally relevant programs;

4. Methods to ensure that such youth detained understand their rights and responsibilities;

5. Standards to ensure the provision of necessary physical and mental health care;

6. A requirement that any contract entered into by a juvenile correctional facility with the federal government to house youth provide staff of the Department with the same level of access to such youth that the Department would ordinarily have regarding any other youth committed to such facility; and

7. Standards for recordkeeping, including extended recordkeeping requirements for records and video footage related to reported incidents.

2020, c. 599.

§ 66-10.3. Guidelines and policies and procedures for sharing information derived from juvenile records.

A. The Department shall develop and biennially update a model memorandum of understanding setting forth the respective roles and responsibilities of the Department, the Department of Behavioral Health and Developmental Services, the Department of Social Services, the court service units, the local departments of social services, and the community services boards or behavioral health authorities regarding the sharing of information derived from juvenile records for purposes of identifying and serving juveniles who may be receiving or who have received treatment, services, or care from the local agencies, the Department, or the Department of Behavioral Health and Developmental Services.

B. In developing and updating the model memorandum of understanding, the Department shall consult with the Department of Behavioral Health and Developmental Services, the Department of Criminal Justice Services, the Department of Social Services, the Office of Children's Services, and representatives selected by the Department from the court service units, local departments of social services, community services boards or behavioral health authorities, youth and family organizations, and such other stakeholders as the Department shall deem appropriate from across the Commonwealth.

C. The model memorandum of understanding shall contain provisions regarding the manner in which a juvenile who may be receiving or who has received treatment, services, or care from such agency or department is identified by the agency or department and how such identification is shared among the agencies and departments, including the point at which a juvenile is identified by the agencies or departments that are providing or have provided treatment, services, or care to such juvenile; the manner in which past agency or department involvement is identified and shared, including when informed consent from a juvenile or guardian is appropriate and necessary; and the person at each agency or department responsible for identifying any potential juvenile and serving as a contact for information-sharing requests.

D. The Department shall distribute the model memorandum of understanding to each court services unit, community services board or behavioral health authority, and local department of social services.

2022, cc. 63, 64.

§ 66-11. Repealed.

Repealed by Acts 2012, cc. 164 and 456, cl. 2.

§ 66-12. Definitions.

Unless a different meaning clearly appears from the context, as used in this title:

"Board" or "State Board" means the Board of Juvenile Justice;

"Child" means any natural person under eighteen years of age;

"Department" means the Department of Juvenile Justice;

"Director" means the Director of Juvenile Justice.

1989, c. 733.