{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-249.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-249.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-249.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-249.html"}],"law_id":56829,"edition_id":1,"section_id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","history":"1977, c. 559; 1979, c. 655; 1983, c. 336; 1985, c. 260; 1988, c. 886; 1989, c. 557; 1993, c. 435; 1994, cc. 859, 904, 949; 1995, cc. 746, 748, 798, 802; 1996, cc. 755, 914; 1998, cc. 576, 830; 2002, c. 558; 2004, cc. 415, 439; 2010, c. 739; 2018, cc. 36, 73; 2020, c. 759; 2021, Sp. Sess. I, c. 115.","full_text":"A\n\nIf it is ordered that a juvenile remain in detention or shelter care pursuant to \u00a7 16.1-248.1, such juvenile may be detained, pending a court hearing, in the following places:1\n\nAn approved foster home or a home otherwise authorized by law to provide such care;2\n\nA facility operated by a licensed child welfare agency;3\n\nIf a juvenile is alleged to be delinquent, a detention home or group home approved by the Department;4\n\nAny other suitable place designated by the court and approved by the Department;5\n\nTo the extent permitted by federal law, a separate juvenile detention facility located upon the site of an adult regional jail facility established by any county, city or any combination thereof constructed after 1994, approved by the Department of Juvenile Justice and certified by the Board of Juvenile Justice for the holding and detention of juveniles.\n\t\t\t\tA juvenile younger than 11 years of age who is alleged to have committed one or more of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 and who is ordered to remain in detention or shelter care pursuant to § 16.1-248.1 pending a court hearing may only be detained in a place described in subdivision 1, 2, or 4, but under no circumstances shall such juvenile be detained pursuant to this section in a secure detention facility.B\n\nNo juvenile shall be detained or confined in any jail or other facility for the detention of adult offenders or persons charged with crime except as provided in subsection D, E, F or G.C\n\nThe official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a juvenile who is or appears to be under the age of 18 years is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention facility designated by the court.D\n\nWhen a case is transferred to the circuit court in accordance with the provisions of subsection A of § 16.1-269.1 and an order is entered by the circuit court in accordance with § 16.1-269.6, or in accordance with the provisions of § 16.1-270 where the juvenile has waived the jurisdiction of the district court, or when the district court has certified a charge to the grand jury pursuant to subsection B or C of § 16.1-269.1, the juvenile, if in confinement, shall be placed in a juvenile secure facility, unless the court determines that the juvenile is a threat to the security or safety of the other juveniles detained or the staff of the facility, in which case the court may transfer the juvenile to a jail or other facility for the detention of adults, provided that the facility is approved by the State Board of Local and Regional Jails for the detention of juveniles.E\n\nIf, in the judgment of the custodian, a juvenile has demonstrated that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the judge shall determine whether such juvenile should be transferred to another juvenile facility or, if the child is 14 years of age or older, a jail or other facility for the detention of adults, provided that (i) the detention is in a room or ward entirely separate and removed from adults, (ii) adequate supervision is provided, and (iii) the facility is approved by the State Board of Local and Regional Jails for detention of juveniles.F\n\nIf, in the judgment of the custodian, it has been demonstrated that the presence of a juvenile in a facility creates a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the custodian may transfer the juvenile to another juvenile facility, or, if the child is 14 years of age or older, a jail or other facility for the detention of adults pursuant to the limitations of clauses (i), (ii) and (iii) of subsection E for a period not to exceed six hours prior to a court hearing and an additional six hours after the court hearing unless a longer period is ordered pursuant to subsection E.G\n\nIf a juvenile 14 years of age or older is charged with an offense which, if committed by an adult, would be a felony or Class 1 misdemeanor, and the judge or intake officer determines that secure detention is needed for the safety of the juvenile or the community, such juvenile may be detained for a period not to exceed six hours prior to a court hearing and six hours after the court hearing in a temporary lock-up room or ward for juveniles while arrangements are completed to transfer the juvenile to a juvenile facility. Such room or ward may be located in a building which also contains a jail or other facility for the detention of adults, provided that (i) such room or ward is totally separate and removed from adults or juveniles transferred to the circuit court pursuant to Article 7 (§ 16.1-269.1 et seq.), (ii) constant supervision is provided, and (iii) the facility is approved by the State Board of Local and Regional Jails for the detention of juveniles. The State Board of Local and Regional Jails is authorized and directed to prescribe minimum standards for temporary lock-up rooms and wards based on the requirements set out in this subsection.G1\n\nAny juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1-248.1 may be held incident to a court hearing (i) in a court holding cell for a period not to exceed six hours, provided that the juvenile is entirely separate and removed from detained adults, or (ii) in a nonsecure area, provided that constant supervision is provided.H\n\nIf a judge, intake officer or magistrate orders the predispositional detention of persons 18 years of age or older, such detention shall be in an adult facility; however, if the predispositional detention is ordered for a violation of the terms and conditions of release from a juvenile correctional center, the judge, intake officer or magistrate may order such detention be in a juvenile facility.I\n\nThe Departments of Corrections, Juvenile Justice and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith.","order_by":null,"text":{"0":{"id":208125,"text":"If it is ordered that a juvenile remain in detention or shelter care pursuant to \u00a7 16.1-248.1, such juvenile may be detained, pending a court hearing, in the following places:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":208126,"text":"An approved foster home or a home otherwise authorized by law to provide such care;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":208127,"text":"A facility operated by a licensed child welfare agency;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":208128,"text":"If a juvenile is alleged to be delinquent, a detention home or group home approved by the Department;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":208129,"text":"Any other suitable place designated by the court and approved by the Department;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":208130,"text":"To the extent permitted by federal law, a separate juvenile detention facility located upon the site of an adult regional jail facility established by any county, city or any combination thereof constructed after 1994, approved by the Department of Juvenile Justice and certified by the Board of Juvenile Justice for the holding and detention of juveniles.\n\t\t\t\tA juvenile younger than 11 years of age who is alleged to have committed one or more of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 and who is ordered to remain in detention or shelter care pursuant to § 16.1-248.1 pending a court hearing may only be detained in a place described in subdivision 1, 2, or 4, but under no circumstances shall such juvenile be detained pursuant to this section in a secure detention facility.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":208131,"text":"No juvenile shall be detained or confined in any jail or other facility for the detention of adult offenders or persons charged with crime except as provided in subsection D, E, F or G.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":208132,"text":"The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a juvenile who is or appears to be under the age of 18 years is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention facility designated by the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":208133,"text":"When a case is transferred to the circuit court in accordance with the provisions of subsection A of § 16.1-269.1 and an order is entered by the circuit court in accordance with § 16.1-269.6, or in accordance with the provisions of § 16.1-270 where the juvenile has waived the jurisdiction of the district court, or when the district court has certified a charge to the grand jury pursuant to subsection B or C of § 16.1-269.1, the juvenile, if in confinement, shall be placed in a juvenile secure facility, unless the court determines that the juvenile is a threat to the security or safety of the other juveniles detained or the staff of the facility, in which case the court may transfer the juvenile to a jail or other facility for the detention of adults, provided that the facility is approved by the State Board of Local and Regional Jails for the detention of juveniles.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":208134,"text":"If, in the judgment of the custodian, a juvenile has demonstrated that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the judge shall determine whether such juvenile should be transferred to another juvenile facility or, if the child is 14 years of age or older, a jail or other facility for the detention of adults, provided that (i) the detention is in a room or ward entirely separate and removed from adults, (ii) adequate supervision is provided, and (iii) the facility is approved by the State Board of Local and Regional Jails for detention of juveniles.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":208135,"text":"If, in the judgment of the custodian, it has been demonstrated that the presence of a juvenile in a facility creates a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the custodian may transfer the juvenile to another juvenile facility, or, if the child is 14 years of age or older, a jail or other facility for the detention of adults pursuant to the limitations of clauses (i), (ii) and (iii) of subsection E for a period not to exceed six hours prior to a court hearing and an additional six hours after the court hearing unless a longer period is ordered pursuant to subsection E.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":208136,"text":"If a juvenile 14 years of age or older is charged with an offense which, if committed by an adult, would be a felony or Class 1 misdemeanor, and the judge or intake officer determines that secure detention is needed for the safety of the juvenile or the community, such juvenile may be detained for a period not to exceed six hours prior to a court hearing and six hours after the court hearing in a temporary lock-up room or ward for juveniles while arrangements are completed to transfer the juvenile to a juvenile facility. Such room or ward may be located in a building which also contains a jail or other facility for the detention of adults, provided that (i) such room or ward is totally separate and removed from adults or juveniles transferred to the circuit court pursuant to Article 7 (§ 16.1-269.1 et seq.), (ii) constant supervision is provided, and (iii) the facility is approved by the State Board of Local and Regional Jails for the detention of juveniles. The State Board of Local and Regional Jails is authorized and directed to prescribe minimum standards for temporary lock-up rooms and wards based on the requirements set out in this subsection.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"12":{"id":208137,"text":"Any juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1-248.1 may be held incident to a court hearing (i) in a court holding cell for a period not to exceed six hours, provided that the juvenile is entirely separate and removed from detained adults, or (ii) in a nonsecure area, provided that constant supervision is provided.","type":"section","prefixes":["G1"],"prefix":"G1","entire_prefix":"G1","prefix_anchor":"G1","level":1,"prior_prefix":"G","next_prefix":"H"},"13":{"id":208138,"text":"If a judge, intake officer or magistrate orders the predispositional detention of persons 18 years of age or older, such detention shall be in an adult facility; however, if the predispositional detention is ordered for a violation of the terms and conditions of release from a juvenile correctional center, the judge, intake officer or magistrate may order such detention be in a juvenile facility.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G1","next_prefix":"I"},"14":{"id":208139,"text":"The Departments of Corrections, Juvenile Justice and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; 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This law was first created in 1977. The record of its establishment is cataloged in chapter 559 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 655; in 1983, chapter 336; in 1985, chapter 260; in 1988, chapter 886; in 1989, chapter 557; in 1993, chapter 435; in 1994, chapters 859<\/a>, 904<\/a>, and 949<\/a>; in 1995, chapters 746<\/a>, 748<\/a>, 798<\/a>, and 802<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 1998, chapters 576<\/a> and 830<\/a>; in 2002, chapter 558<\/a>; in 2004, chapters 415<\/a> and 439<\/a>; in 2010, chapter 739<\/a>; in 2018, chapters 36<\/a> and 73<\/a>; in 2020, chapter 759<\/a>.<\/p>","references":[{"id":55210,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","order_by":null,"url":"\/16.1-247\/"},{"id":65132,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","order_by":null,"url":"\/16.1-254\/"},{"id":83230,"section_number":"16.1-269.5","catch_line":"Placement of juvenile","order_by":null,"url":"\/16.1-269.5\/"},{"id":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"}],"refers_to":[{"id":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":72657,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","order_by":null,"url":"\/16.1-269.6\/"},{"id":85877,"section_number":"16.1-270","catch_line":"Waiver of jurisdiction of juvenile court in certain cases","order_by":null,"url":"\/16.1-270\/"}],"permalink":{"id":161557,"object_type":"law","relational_id":56829,"identifier":"16.1-249","token":"16.1\/11\/4\/16.1-249","url":"\/16.1-249\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","dublin_core":{"Title":"Places of confinement for juveniles","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-249","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If it is ordered that a juvenile remain in detention or shelter care<\/span> pursuant to \u00a7 16.1-248.1<\/a>, such juvenile may be detained, pending a court<\/span> hearing<\/span>, in the following places: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An approved foster home or a home otherwise authorized by law<\/span> to provide such care; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A facility operated by a licensed child welfare agency<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a juvenile is alleged to be delinquent, a detention home<\/span> or group home approved by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any other suitable place designated by the court<\/span> and approved by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To the extent permitted by federal law<\/span>, a separate juvenile detention facility located upon the site of an adult<\/span> regional jail<\/span> facility established by any county, city or any combination thereof constructed after 1994, approved by the Department<\/span> of Juvenile Justice and certified by the Board of Juvenile Justice for the holding and detention of juveniles.\n\t\t\t\tA juvenile younger than 11 years of age who is alleged to have committed one or more of the delinquent acts<\/span> enumerated in subsection B or C of § 16.1-269.1<\/a> and who is ordered to remain in detention or shelter care<\/span> pursuant to § 16.1-248.1<\/a> pending a court hearing<\/span> may only be detained in a place described in subdivision 1, 2, or 4, but under no circumstances shall such juvenile be detained pursuant to this section in a secure detention facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No juvenile shall be detained or confined in any jail<\/span> or other facility for the detention of adult<\/span> offenders or persons charged with crime<\/span> except as provided in subsection D, E, F or G. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The official in charge of a jail<\/span> or other facility for the detention of adult<\/span> offenders or persons charged with crime<\/span> shall inform the court<\/span> immediately when a juvenile who is or appears to be under the age of 18 years is received at the facility, and shall deliver him to the court<\/span> upon request, or transfer him to a detention facility designated by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When a case is transferred to the circuit<\/span> court in accordance with the provisions of subsection A of § 16.1-269.1<\/a> and an order<\/span> is entered by the circuit<\/span> court in accordance with § 16.1-269.6<\/a>, or in accordance with the provisions of § 16.1-270<\/a> where the juvenile has waived the jurisdiction<\/span> of the district court, or when the district court has certified a charge to the grand jury<\/span> pursuant to subsection B or C of § 16.1-269.1<\/a>, the juvenile, if in confinement, shall be placed in a juvenile secure facility<\/span>, unless the court<\/span> determines that the juvenile is a threat to the security or safety of the other juveniles detained or the staff of the facility, in which case the court<\/span> may transfer the juvenile to a jail<\/span> or other facility for the detention of adults<\/span>, provided that the facility is approved by the State Board<\/span> of Local and Regional Jails<\/span> for the detention of juveniles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If, in the judgment<\/span> of the custodian, a juvenile has demonstrated that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the judge<\/span> shall determine whether such juvenile should be transferred to another juvenile facility or, if the child is 14 years of age or older, a jail<\/span> or other facility for the detention of adults<\/span>, provided that (i) the detention is in a room or ward entirely separate and removed from adults<\/span>, (ii) adequate supervision is provided, and (iii) the facility is approved by the State Board<\/span> of Local and Regional Jails<\/span> for detention of juveniles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If, in the judgment<\/span> of the custodian, it has been demonstrated that the presence of a juvenile in a facility creates a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the custodian may transfer the juvenile to another juvenile facility, or, if the child is 14 years of age or older, a jail<\/span> or other facility for the detention of adults<\/span> pursuant to the limitations of clauses (i), (ii) and (iii) of subsection E for a period not to exceed six hours prior to a court hearing<\/span> and an additional six hours after the court<\/span> hearing<\/span> unless a longer period is ordered pursuant to subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If a juvenile 14 years of age or older is charged with an offense<\/span> which, if committed by an adult<\/span>, would be a felony<\/span> or Class 1 misdemeanor<\/span>, and the judge<\/span> or intake officer<\/span> determines that secure detention is needed for the safety of the juvenile or the community, such juvenile may be detained for a period not to exceed six hours prior to a court hearing<\/span> and six hours after the court<\/span> hearing<\/span> in a temporary lock-up room or ward for juveniles while arrangements are completed to transfer the juvenile to a juvenile facility. Such room or ward may be located in a building which also contains a jail<\/span> or other facility for the detention of adults<\/span>, provided that (i) such room or ward is totally separate and removed from adults<\/span> or juveniles transferred to the circuit<\/span> court pursuant to Article 7 (§ 16.1-269.1<\/a> et seq.), (ii) constant supervision is provided, and (iii) the facility is approved by the State Board<\/span> of Local and Regional Jails<\/span> for the detention of juveniles. The State Board<\/span> of Local and Regional Jails<\/span> is authorized and directed to prescribe minimum standards for temporary lock-up rooms and wards based on the requirements set out in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G1.<\/span> Any juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1-248.1<\/a> may be held incident to a court hearing<\/span> (i) in a court holding cell for a period not to exceed six hours, provided that the juvenile is entirely separate and removed from detained adults<\/span>, or (ii) in a nonsecure area, provided that constant supervision is provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If a judge, intake officer<\/span> or magistrate<\/span> orders<\/span> the predispositional detention of persons 18 years of age or older, such detention shall be in an adult<\/span> facility; however, if the predispositional detention is ordered for a violation of the terms and conditions of release from a juvenile correctional center, the judge<\/span>, intake officer<\/span> or magistrate<\/span> may order<\/span> such detention be in a juvenile facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Departments<\/span> of Corrections, Juvenile Justice and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPLACES OF CONFINEMENT FOR JUVENILES (\u00a7 16.1-249)\n\nA. If it is ordered that a juvenile remain in detention or shelter care pursuant\nto \u00a7 16.1-248.1, such juvenile may be detained, pending a court hearing, in the\nfollowing places:\n\n 1. An approved foster home or a home otherwise authorized by law to provide\n such care;\n\n 2. A facility operated by a licensed child welfare agency;\n\n 3. If a juvenile is alleged to be delinquent, a detention home or group home\n approved by the Department;\n\n 4. Any other suitable place designated by the court and approved by the\n Department;\n\n 5. To the extent permitted by federal law, a separate juvenile detention\n facility located upon the site of an adult regional jail facility established\n by any county, city or any combination thereof constructed after 1994,\n approved by the Department of Juvenile Justice and certified by the Board of\n Juvenile Justice for the holding and detention of juveniles.\n \t\t\t\tA juvenile younger than 11 years of age who is alleged to have committed\n one or more of the delinquent acts enumerated in subsection B or C of §\n 16.1-269.1 and who is ordered to remain in detention or shelter care pursuant\n to § 16.1-248.1 pending a court hearing may only be detained in a place\n described in subdivision 1, 2, or 4, but under no circumstances shall such\n juvenile be detained pursuant to this section in a secure detention facility.\n\nB. No juvenile shall be detained or confined in any jail or other facility for\nthe detention of adult offenders or persons charged with crime except as\nprovided in subsection D, E, F or G.\n\nC. The official in charge of a jail or other facility for the detention of adult\noffenders or persons charged with crime shall inform the court immediately when\na juvenile who is or appears to be under the age of 18 years is received at the\nfacility, and shall deliver him to the court upon request, or transfer him to a\ndetention facility designated by the court.\n\nD. When a case is transferred to the circuit court in accordance with the\nprovisions of subsection A of § 16.1-269.1 and an order is entered by the\ncircuit court in accordance with § 16.1-269.6, or in accordance with the\nprovisions of § 16.1-270 where the juvenile has waived the jurisdiction of\nthe district court, or when the district court has certified a charge to the\ngrand jury pursuant to subsection B or C of § 16.1-269.1, the juvenile, if\nin confinement, shall be placed in a juvenile secure facility, unless the court\ndetermines that the juvenile is a threat to the security or safety of the other\njuveniles detained or the staff of the facility, in which case the court may\ntransfer the juvenile to a jail or other facility for the detention of adults,\nprovided that the facility is approved by the State Board of Local and Regional\nJails for the detention of juveniles.\n\nE. If, in the judgment of the custodian, a juvenile has demonstrated that he is\na threat to the security or safety of the other juveniles detained or the staff\nof the home or facility, the judge shall determine whether such juvenile should\nbe transferred to another juvenile facility or, if the child is 14 years of age\nor older, a jail or other facility for the detention of adults, provided that\n(i) the detention is in a room or ward entirely separate and removed from\nadults, (ii) adequate supervision is provided, and (iii) the facility is\napproved by the State Board of Local and Regional Jails for detention of\njuveniles.\n\nF. If, in the judgment of the custodian, it has been demonstrated that the\npresence of a juvenile in a facility creates a threat to the security or safety\nof the other juveniles detained or the staff of the home or facility, the\ncustodian may transfer the juvenile to another juvenile facility, or, if the\nchild is 14 years of age or older, a jail or other facility for the detention of\nadults pursuant to the limitations of clauses (i), (ii) and (iii) of subsection\nE for a period not to exceed six hours prior to a court hearing and an\nadditional six hours after the court hearing unless a longer period is ordered\npursuant to subsection E.\n\nG. If a juvenile 14 years of age or older is charged with an offense which, if\ncommitted by an adult, would be a felony or Class 1 misdemeanor, and the judge\nor intake officer determines that secure detention is needed for the safety of\nthe juvenile or the community, such juvenile may be detained for a period not to\nexceed six hours prior to a court hearing and six hours after the court hearing\nin a temporary lock-up room or ward for juveniles while arrangements are\ncompleted to transfer the juvenile to a juvenile facility. Such room or ward may\nbe located in a building which also contains a jail or other facility for the\ndetention of adults, provided that (i) such room or ward is totally separate and\nremoved from adults or juveniles transferred to the circuit court pursuant to\nArticle 7 (§ 16.1-269.1 et seq.), (ii) constant supervision is provided,\nand (iii) the facility is approved by the State Board of Local and Regional\nJails for the detention of juveniles. The State Board of Local and Regional\nJails is authorized and directed to prescribe minimum standards for temporary\nlock-up rooms and wards based on the requirements set out in this subsection.\n\nG1. Any juvenile who has been ordered detained in a secure detention facility\npursuant to § 16.1-248.1 may be held incident to a court hearing (i) in a\ncourt holding cell for a period not to exceed six hours, provided that the\njuvenile is entirely separate and removed from detained adults, or (ii) in a\nnonsecure area, provided that constant supervision is provided.\n\nH. If a judge, intake officer or magistrate orders the predispositional\ndetention of persons 18 years of age or older, such detention shall be in an\nadult facility; however, if the predispositional detention is ordered for a\nviolation of the terms and conditions of release from a juvenile correctional\ncenter, the judge, intake officer or magistrate may order such detention be in a\njuvenile facility.\n\nI. The Departments of Corrections, Juvenile Justice and Criminal Justice\nServices shall assist the localities or combinations thereof in implementing\nthis section and ensuring compliance herewith.\n\nHISTORY: 1977, c. 559; 1979, c. 655; 1983, c. 336; 1985, c. 260; 1988, c. 886;\n1989, c. 557; 1993, c. 435; 1994, cc. 859, 904, 949; 1995, cc. 746, 748, 798,\n802; 1996, cc. 755, 914; 1998, cc. 576, 830; 2002, c. 558; 2004, cc. 415, 439;\n2010, c. 739; 2018, cc. 36, 73; 2020, c. 759; 2021, Sp. Sess. I, c. 115.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}