Virginia Law

A. The Department is authorized and empowered to receive juveniles committed to it by the courts of the Commonwealth. The Department shall establish, staff and maintain facilities for the rehabilitation, education, training and confinement of such juveniles. The Department may make arrangements with satisfactory persons, institutions or agencies, or with cities or counties maintaining places of detention for juveniles, for the temporary care of such juveniles.

B. The Department may by mutual agreement with a locality or localities and, pursuant to standards promulgated pursuant to § 16.1-309.9, establish detention homes for use by a locality or localities for pre-trial and post-dispositional detention pursuant to §§ 16.1-248.1 and 16.1-284.1. The Department may collect by mutual agreement with a locality or localities and from any locality of this Commonwealth from which a juvenile is placed in such a detention home, the reasonable cost of maintaining such juvenile in such facility and a portion of the cost of construction of such facility. Such agreements shall be subject to approval by the General Assembly in the general appropriation act.

C. The Department shall collect data pertaining to the demographic characteristics of juveniles incarcerated in state juvenile correctional institutions, including, but not limited to, the race or ethnicity, age, and gender of such persons, and the types of and extent to which health-related problems are prevalent among such persons. Beginning July 1, 1997, such data shall be collected, tabulated quarterly, and reported by the Director to the Governor and the General Assembly at each regular session of the General Assembly thereafter.

Code 1950, §§ 53-324, 53-330, 63-291, 63-366, 63-367, 63-368, 63-369, 63.1-239, 63.1-245; 1950, p. 33; 1954, c. 262; 1956, cc. 127, 287; 1962, c. 437; 1968, c. 578; 1974, cc. 44, 45; 1975, c. 178; 1981, c. 487; 1982, c. 636, § 53.1-237; 1989, c. 733; 1991, c. 534; 1996, cc. 755, 914; 1997, c. 894; 2012, cc. 803, 835; 2022, cc. 414, 415.

A. To assist in the performance of the duties imposed by § 66-13 the Department shall develop and maintain a Division of Education (Division), which shall be composed of all the educational facilities of all institutions operated by the Department. The Division shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education.

B. The Department shall employ a Superintendent of the Division, who shall meet the minimum standards for division superintendents set by the Board of Education. The Superintendent shall supervise the administration of the Division. The Department shall employ teachers and place them in appropriate schools. Other powers and duties of the Superintendent shall be fixed by the Board of Education in accordance with law.

C. When the Department employs a teacher licensed by the Board of Education to provide instruction in the schools of the juvenile correctional centers, the Department of Human Resource Management shall establish salary schedules for the teachers which endeavor to be competitive with those in effect for the school division in which the correctional center is located.

2012, cc. 803, 835.

For the maintenance of each child committed to the custody of the Department pursuant to subdivision A 14 of § 16.1-278.8 and placed in a private home or in a facility other than one operated by the Commonwealth, there shall be paid a per diem allowance which shall be established by the Department from funds appropriated to the Department for this purpose. The cost of such care shall not exceed that amount which would be incurred if the services required by the child were provided in a juvenile facility operated by the Department.

No child shall be placed outside the Commonwealth without first complying with the appropriate provisions of Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2 or with regulations of the State Board of Social Services relating to resident children placed out of the Commonwealth.

Code 1950, §§ 53-325, 63-293, 63.1-240; 1952, c. 644; 1962, c. 437; 1968, c. 578; 1970, c. 326; 1974, cc. 44, 45, 476; 1978, c. 309; 1981, c. 487; 1982, c. 636, § 53.1-239; 1989, c. 733; 1992, cc. 837, 880; 1993, cc. 232, 283; 1996, cc. 587, 597.

The Department shall establish schedules setting forth the per diem cost to each locality for maintaining a child in a detention home. In accordance with the schedule, the Department, in addition to all other reimbursements on account of such detention homes, shall reimburse each city or county for the cost of maintaining in such homes any children committed to the Department. The Department shall review annually and adjust, if justified, the per diem it pays to localities for the care of state wards.

Code 1950, §§ 53-326, 63.1-241, 63-293.1; 1954, c. 582; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-240; 1989, cc. 683, 733.

The Department is authorized to accept and expend for the benefit of any child committed to it, or for reimbursement purposes, any funds made available from any source, solely for the current maintenance and support of any such child, whether such funds be provided by the child's parents, or other person, or by the U.S. Department of Veterans Affairs, the Railroad Retirement Act, the old age and survivor's insurance provisions of the federal Social Security Act, as amended, or from any other source. In no event shall the sums so accepted exceed an amount in excess of the cost to the Department of supporting the child.

Code 1950, §§ 53-327, 63.1-242, 63-293.2; 1956, c. 400; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-241; 1989, c. 733.

If any child, having been in the custody of the Department by virtue of § 16.1-278.8, upon being released or having escaped therefrom leaves any personal property valued at less than $100 in the custody of the Department for six months after his release or escape, the Director may sell such personal property at public sale or otherwise dispose of the property. The proceeds of such sale shall be kept for one year from the date of the child's attaining the age of majority. Thereafter, any unclaimed proceeds shall be paid into the state treasury and credited to the Literary Fund.

Code 1950, §§ 16.1-178.1, 53-327.1; 1956, c. 555; 1974, cc. 44, 45; 1977, c. 559; 1981, c. 487; 1982, c. 636, § 53.1-242; 1989, c. 733; 1991, c. 534.

The Department shall make a careful physical and mental examination of every child committed to it by the courts, investigate the personal and family history of the child and his environment, and place such children at such facilities as are available. Any children committed to the Department and afterwards found to be eligible for commitment by proper proceedings to any state hospital or admission to a training center for individuals with intellectual disability shall take precedence as to admission over all others and shall in all cases be received into the state hospital or training center within 45 days.

Code 1950, §§ 53-328, 63-292, 63.1-243; 1956, c. 127; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-243; 1989, c. 733; 2012, cc. 476, 507.

To assist in the performance of the duties imposed by § 66-18, the Department shall maintain a behavioral services unit and employ as director thereof a clinically competent person. The Department shall also employ such other medical, technical and clinical personnel skilled in the diagnosis and treatment of physical diseases or mental illnesses of children as may be desirable for the operation of such unit. The personnel of the unit, when visiting the various facilities maintained by the Department for the care of children committed to the Department, shall conduct a thorough examination of each child at such facilities not theretofore examined by the unit, and other children at the facilities for whom such examination is indicated. Such examination shall be for the purpose of determining, diagnosing and treating physical and learning ailments or impairments and mental illnesses with a view to improving the general functioning of such children and hastening their rehabilitation.

Code 1950, §§ 53-329, 63.1-244, 63-381, 63-384; 1954, c. 681; 1966, c. 354; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-244; 1989, c. 733; 2012, cc. 476, 507.

After commitment of any child to the Department, if the Department finds, as a result of psychiatric examinations and case study, that such child has mental illness or a developmental disability, it shall be the duty of the Department to obtain treatment for the child's mental condition. If the Department determines that transfer to a state hospital, training center, or other appropriate treatment facility is required to further diagnose or treat the child's mental condition, the proceedings shall be in accordance with the provisions of § 37.2-806 or §§ 16.1-341 through 16.1-345, except that provisions requiring consent of the child's parent or guardian for treatment shall not apply in such cases. No child transferred to a state hospital pursuant to this section or the provisions of Title 37.2 shall, however, be held or cared for in any maximum security unit where adults determined to be criminally insane reside and such child shall be kept separate and apart from such adults.

Code 1950, § 53-329.1; 1977, c. 559; 1978, c. 739; 1981, c. 487; 1982, c. 636, § 53.1-245; 1989, c. 733; 1990, c. 975; 2012, cc. 476, 507; 2017, c. 458.

The superintendents of the facilities established by the Department pursuant to § 66-13 and their authorized agents shall have the powers of a sheriff for the purpose of preserving order at their facilities and for the conveyance of children committed to their care to and from such facilities.

Code 1950, §§ 53-332, 63-371, 63.1-247; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-246; 1989, c. 733.

A. It is unlawful for any juvenile correctional officer or other employee of a juvenile correctional facility to use a patrol or security canine in any juvenile correctional facility.

B. The provisions of this section shall not apply to the training or use of detector canines or detector canine handlers.

C. Nothing in this section shall be construed as prohibiting the use of a canine to locate a juvenile who has escaped from a juvenile correctional facility.

2024, c. 99.

The Director may allow every child in any facility established by the Department a daily allowance in an amount established by the Board. Additional allowance may be made by the Director to provide necessary funds for incidental needs for required activities in schools, foster care and other special placements for other special activities that such children would normally be engaged in resulting from their placement. The allowance so made may be drawn upon by the child for such purposes as may be authorized by the regulations of the Board.

Code 1950, §§ 53-333, 63.1-248, 63-369.1; 1958, c. 366; 1960, c. 395; 1968, c. 578; 1970, c. 327; 1974, cc. 44, 45; 1975, c. 638; 1981, c. 487; 1982, c. 636, § 53.1-247; 1989, c. 733.

The Director is hereby authorized to provide for the establishment and operation of stores or commissaries in state juvenile correctional facilities to deal in such articles as he deems proper. The profits from the operation of such stores shall be used for educational, recreational, or other purposes beneficial to the juveniles committed to the Department as may be prescribed by the Director.

1997, c. 195.

The superintendents of facilities established by the Department shall have the authority, commensurate with that of a parent in like cases, to give consent for those children placed in their respective facilities to (i) application for a motor vehicle operator's license and (ii) issuance of an employment certificate.

Code 1950, § 53-334; 1977, c. 643; 1981, c. 487; 1982, c. 636, § 53.1-248; 1989, c. 733; 2012, cc. 164, 456.

A. The Department of Juvenile Justice shall cooperate with other state departments in fulfilling their respective licensing and certification responsibilities of children's residential facilities. The Board shall promulgate regulations that shall allow the Department to so assist and cooperate with other state departments. The Board's regulations shall establish the Department as the single licensing agency, with the exception of educational programs licensed by the Department of Education, for group homes or residential facilities providing care of juveniles in direct state care.

B. The Department is authorized to establish and maintain such a system of community group homes or other residential care facilities as the Department may from time to time acquire, construct, contract for or rent for the care of juveniles in direct state care, pending development of more permanent placement plans. Any community group home or other residential care facility that the Department may contract for or rent for the care of juveniles in direct state care shall be licensed or certified in accordance with the regulations of the Board.

Any more permanent placement plans shall consider adequate care and treatment, and suitable education, training and employment for such juveniles, as is appropriate.

C. The Department is further authorized to employ necessary personnel for community group homes or other residential care facilities or to contract with private entities for their operation. The Department shall conduct background checks of any individual who (i) accepts a position of employment at a community group home or other residential care facility, (ii) volunteers at a community group home or other residential care facility on a regular basis and will be alone with a juvenile in the performance of his duties, or (iii) provides contractual services directly to a juvenile in a community group home or other residential care facility on a regular basis and will be alone with a juvenile in the performance of his duties, pursuant to § 63.2-1726.

D. The Board shall promulgate regulations for licensure or certification of community group homes or other residential care facilities that contract with or are rented for the care of juveniles in direct state care pursuant to subsection B.

The Board's regulations shall address the services required to be provided in such facilities as it may deem appropriate to ensure the welfare and safety of the juveniles. In addition, the Board's regulations shall include, but need not be limited to (i) specifications for the structure and accommodations of such facilities according to the needs of the juveniles to be placed in the home or facility; (ii) rules concerning allowable activities, local government- and group home- or residential care facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each home or facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law enforcement, local government officials, and the community at large.

E. Pursuant to the procedures set forth in subsection F and in addition to any other legally authorized disciplinary actions, the Director may issue a summary order of suspension of the license or certificate of any group home or residential facility so regulated by the Department, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the juveniles who are residents and the Director believes the operation of the home or facility should be suspended during the pendency of such proceeding.

F. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or certificate holder or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee or certificate holder. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Director or his designee.

After such hearing, the Director may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee or certificate holder may appeal the Director's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Director had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.

The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Director may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of the juveniles who are residents of a home or facility whose license or certificate has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to such residents.

G. In addition to the requirements set forth above, the Board's regulations shall require, as a condition of initial licensure or, if appropriate, license renewal, that the applicant shall: (i) be personally interviewed by Department personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence of staff participation in training on appropriate siting of the residential facilities for children, good neighbor policies, and community relations; and (iv) be required to screen residents prior to admission to exclude individuals with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility.

H. In addition, the Department shall:

1. Notify relevant local governments and placing and funding agencies, including the Office of Children's Services, of multiple health and safety or human rights violations in residential facilities licensed by the Department when such violations result in the lowering of the licensure or certification status of the facility to provisional;

2. Post on the Department's website information concerning the application for initial licensure or certification of or renewal, denial, or provisional licensure or certification of any residential facility for children located in the locality;

3. Require all licensees or certificate holders to self-report lawsuits against or settlements with residential facility operators relating to the health and safety or human rights of residents and any criminal charges that may have been made relating to the health and safety or human rights of residents;

4. Require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's operational plan;

5. Modify the term of the license or certificate at any time during the term of the license or certificate based on a change in compliance; and

6. Disseminate to local governments, or post on the Department's website, an accurate (updated weekly or monthly as necessary) list of licensed and operating group homes and other residential facilities for children by locality with information on services and identification of the lead licensure agency.

Code 1950, §§ 53-331, 63.1-246, 63-291.1; 1966, c. 491; 1968, c. 578; 1974, cc. 44, 45; 1975, c. 637; 1981, c. 487; 1982, c. 636, § 53.1-249; 1989, c. 733; 1996, cc. 755, 914; 2005, cc. 358, 471; 2006, cc. 168, 781; 2008, c. 873; 2015, c. 366.

A. Notwithstanding any provision of law to the contrary, any correctional facility established pursuant to this chapter or Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 may collect and disseminate information concerning the religious preferences and affiliations of persons committed to its custody. No person shall be required to indicate his religious preference or affiliation, and no dissemination of the information shall be made except to categories of persons designated by the person who has given his consent to such dissemination.

B. No consent given pursuant to this section shall be construed to allow any correctional facility established pursuant to this chapter or Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 to disseminate to federal government authorities information concerning the religious preferences and affiliations of persons committed to its custody for the purpose of compiling a list, registry, or database of individuals based on religious affiliation, national origin, or ethnicity, unless such dissemination is specifically required by state or federal law.

Code 1950, § 53-19.15:1; 1977, c. 506; 1982, c. 636, § 53.1-250; 1989, c. 733; 2019, c. 774.

A. The Director or his designee may enter into an agreement with a public or private entity for the operation of a work program for juveniles committed to the Department.

B. The primary purpose of such work program shall be the training of such juveniles, not the production of goods or the rendering of service by juveniles committed to the Department. Such work programs also shall not interfere with or impact a juvenile's education program where the goal is achieving a high school diploma or its equivalent. The Board shall promulgate regulations governing the form and review process for proposed agreements.

C. Articles produced or manufactured and services provided by juveniles participating in such a work program may be purchased by any county, by any district of any county, city, or town and by any nonprofit organization, including volunteer emergency medical services agencies, fire departments, sheltered workshops and community service organizations. Such articles and services may also be bought, sold or acquired by exchange on the open market through the participating public or private entity.

D. Revenues received from the sale of articles, as provided in subsection C, shall be deposited into a special fund established in the state treasury. Such funds shall be expended to support work programs for juveniles committed to the Department.

1993, cc. 460, 487; 1997, c. 639; 2011, c. 551; 2012, cc. 803, 835; 2015, cc. 502, 503.

The Director or his designee shall assess, in accordance with criteria established pursuant to § 66-25.1:3, whether a juvenile committed to the Department is an appropriate candidate for participation in a work release program, apprenticeship program, job enterprise program, or any other work experience opportunity located at or through the juvenile correctional center where the juvenile is placed.

2005, c. 648.

A. With such funds as are made available for this purpose, the Department shall provide juveniles committed to the Department with opportunities to work and to participate in career training or technical education programs operated by the Department.

B. The Department may develop appropriate interagency linkages with state and local agencies, public and private institutions of education and of higher education, labor and industry councils, the business community, rehabilitative services providers, and employment and guidance services to assist juveniles in acquiring necessary work habits, developing marketable skills, and identifying career goals through a broad range of career opportunities and mentoring and apprenticeship programs. In providing career-related programs, training, and services, the Department may consult and cooperate with the Virginia Employment Commission and the Department of Labor and Industry. Work training opportunities may include business, industrial, agricultural, highway maintenance and construction, and work release programs as hereafter specified in this article. In addition, juveniles may be employed to improve, repair, work on, or cultivate public property or buildings.

2005, c. 648; 2012, cc. 803, 835.

A. The Director is authorized to establish work release programs, subject to such rules and regulations as the Board may prescribe, whereby (i) a juvenile who is proficient in any trade or occupation and who meets the work release criteria established by the Director, may be approved for employment by private individuals, corporations, or state agencies at places of business, or (ii) a juvenile who the Director is satisfied meets the work release criteria and is capable of receiving substantial benefit from educational and other related community activity programs that are not available within a juvenile correctional center may attend such programs outside of the juvenile correctional facility.

B. The Director may contract with the superintendent of a local detention facility or home for the temporary placement of a committed juvenile who is deemed appropriate for participation in the programs or services provided by or through a certified post-dispositional program in that local detention facility or home. A juvenile who the Director is satisfied meets the work release criteria and is capable of receiving substantial benefit from educational programs, employment or other related community activity programs available at or through the local detention facility or home is eligible for placement in such local detention facility or home.

C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be paid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:

1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order;

2. Pay any fines, restitution, or costs as ordered by the court; and

3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.

The balance shall be credited to the juvenile's account or sent to his family in an amount the juvenile chooses.

D. Any juvenile who has been placed in any of the programs authorized herein shall, while outside the juvenile correctional center or juvenile detention facility to which he is assigned, be deemed to be in custody whether or not he is under the supervision of a juvenile correctional officer. If the juvenile, without proper authority or without just cause, leaves the area in which he has been directed to work or to attend educational or community activity programs, or the vehicle or route involved in his traveling to or from such place or program, he may be found guilty of escape as provided for in § 18.2-477 as though he had left the secure facility as defined in § 16.1-228; or, if there are mitigating circumstances or the culpability of the juvenile is minimal, he may be found guilty of a Class 2 misdemeanor.

E. The Director and any superintendent or other administrative head of any local detention facility are authorized to enter into agreements whereby persons committed to the Department, whether such persons are housed in a juvenile correctional center or a local detention facility, and who meet the Department's standards for such release, may participate in local work release programs or in educational or other rehabilitative programs operating pursuant to this section. Any person so placed shall be governed by the rules and regulations applicable to local work release programs.

F. In the event that the juvenile is committed to the Department as a serious offender pursuant to § 16.1-285.1, the juvenile shall not be approved for placement in a work release program located outside of the juvenile correctional facility without written approval of the committing court.

2005, c. 648.

The Director may, subject to rules and regulations prescribed by the Board, extend the limits of confinement of any offender participating in a work release program that is subject to the Director's authority to permit the offender a furlough for the purpose of visiting his home or family. Such furlough shall be for a period to be prescribed by the Director, not to exceed three days.

In the event that the juvenile is committed to the Department as a serious offender pursuant to § 16.1-285.1, the juvenile shall not be approved for a furlough for the purpose of visiting his home or family without written approval of the committing court.

Any offender who, without proper authority or without just cause, fails to remain within the limits of confinement set by the Director hereunder, or fails to return within the time prescribed to the place designated by the Director in granting such authority, is guilty of a Class 1 misdemeanor, and shall be ineligible for further participation in a work release program during his current term of confinement. In the event such offender leaves the Commonwealth, the offender may be found guilty of an escape as provided in § 18.2-477.

2005, c. 648.

Prior to the release of any juvenile committed pursuant to § 16.1-285.1, the Department shall have notice of the release delivered by first-class mail to the court which committed the juvenile, to the last known address of any victim of the offense for which the juvenile was committed if such victim has submitted a written request for notification to the Department, and to the sheriff, chief of police, and attorney for the Commonwealth of the jurisdiction (i) in which the offense occurred, (ii) in which the juvenile resided prior to commitment, and (iii) if different from (i) and (ii), in which the juvenile intends to reside subsequent to being released.

1994, cc. 859, 949.

The Director or designee shall notify the school division superintendent in the jurisdiction in which the juvenile will be enrolled upon release from a juvenile correctional center if the Director reasonably believes that the juvenile poses any credible danger of serious bodily injury or death to one or more students, school personnel, or others on school property. Such information shall include the nature of the danger. The information provided to a school division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.

2009, c. 276.