HB849: Juveniles; court to conduct review hearing in secure facility via two-way electronic video.
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-284.1 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-284.1. Placement in secure local facility.
A. If a juvenile fourteen 14 years of age or older is
found to have committed an offense which if committed by an adult would be
punishable by confinement in a state or local correctional facility as defined
in § 53.1-1, and the court determines (i) that the juvenile has not previously
been and is not currently adjudicated delinquent of a violent juvenile felony
or found guilty of a violent juvenile felony, (ii) that the juvenile has not
been released from the custody of the Department within the previous eighteen
months, (iii) that the interests of the juvenile and the community require that
the juvenile be placed under legal restraint or discipline, and (iv) that other
placements authorized by this title will not serve the best interests of the
juvenile, then the court may order the juvenile confined in a detention home or
other secure facility for juveniles for a period not to exceed six months from
the date the order is entered, for a single offense or multiple offenses.
The period of confinement ordered may exceed thirty 30
calendar days if the juvenile has had an assessment completed by the secure
facility to which he is ordered concerning the appropriateness of the
placement.
B. If the period of confinement in a detention home or other
secure facility for juveniles is to exceed thirty 30 calendar days, then the
court shall order the juvenile committed to the Department, if he is eligible
pursuant to subdivision A 14 of § 16.1-278.8, but suspend such commitment. In
suspending the commitment to the Department as provided for in this subsection,
the court shall specify conditions for the juvenile's satisfactory completion
of one or more community or facility based treatment programs as may be
appropriate for the juvenile's rehabilitation.
C. During any period of confinement which exceeds thirty 30
calendar days ordered pursuant to this section, the court shall conduct a
mandatory review hearing at least once during each thirty 30 days and at such other
times upon the request of the juvenile's probation officer, for good cause
shown. If it appears at such hearing that the purpose of the order of
confinement has been achieved, the juvenile shall be released on probation for
such period and under such conditions as the court may specify and remain
subject to the order suspending commitment to the State Department of Juvenile
Justice. If the juvenile's commitment to the Department has been suspended as
provided in subsection B of this section, and if the court determines at the
first or any subsequent review hearing that the juvenile is consistently
failing to comply with the conditions specified by the court or the policies
and program requirements of the facility, then the court shall order that the
juvenile be committed to the State Department of Juvenile Justice. If the court
determines at the first or any subsequent review hearing that the juvenile is
not actively involved in any community facility based treatment program through
no fault of his own, then the court shall order that the juvenile be released
under such conditions as the court may specify subject to the suspended commitment.
C1. The appearance of the juvenile before the court may be by (i) personal appearance before the judge or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, a judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. A facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.
D. A juvenile may only be ordered confined pursuant to this
section to a facility in compliance with standards established by the State
Board for such placements. Standards for these facilities shall require
juveniles placed pursuant to this section for a period which exceeds thirty 30
calendar days be provided separate services for their rehabilitation,
consistent with the intent of this section.
E. The Department of Juvenile Justice shall assist the localities or combinations thereof in implementing this section consistent with the statewide plan required by § 16.1-309.4 and pursuant to standards promulgated by the State Board, in order to ensure the availability and reasonable access of each court to the facilities the use of which is authorized by this section.