{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-285.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-285.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-285.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-285.1.html"}],"law_id":75164,"edition_id":1,"section_id":75164,"structure_id":13006,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","history":"1985, c. 260; 1989, c. 717; 1992, c. 484; 1994, cc. 859, 949; 1996, cc. 755, 914; 2001, c. 563; 2021, Sp. Sess. I, c. 284.","full_text":"A\n\nIn the case of a juvenile fourteen years of age or older who has been found guilty of an offense which would be a felony if committed by an adult, and either (i) the juvenile is on parole for an offense which would be a felony if committed by an adult, (ii) the juvenile was committed to the state for an offense which would be a felony if committed by an adult within the immediately preceding twelve months, (iii) the felony offense is punishable by a term of confinement of greater than twenty years if the felony was committed by an adult, or (iv) the juvenile has been previously adjudicated delinquent for an offense which if committed by an adult would be a felony punishable by a term of confinement of twenty years or more, and the circuit court, or the juvenile or family court, as the case may be, finds that commitment under this section is necessary to meet the rehabilitative needs of the juvenile and would serve the best interests of the community, then the court may order the juvenile committed to the Department of Juvenile Justice for placement in a juvenile correctional center for the period of time prescribed pursuant to this section.\n\t\t\tAlternatively, in order to determine if a juvenile, transferred from a juvenile and domestic relations district court to a circuit court pursuant to § 16.1-269.1, appropriately qualifies for commitment pursuant to this section, notwithstanding the inapplicability of the qualification criteria set forth in clauses (i) through (iv), the circuit court may consider the commitment criteria set forth in subdivisions 1, 2, and 3 of subsection B as well as other components of the juvenile’s life history and, if upon such consideration in the opinion of the court the needs of the juvenile and the interests of the community would clearly best be served by commitment hereunder, may so commit the juvenile.B\n\nPrior to committing any juvenile pursuant to this section, the court shall consider:1\n\nThe juvenile’s age;2\n\nThe seriousness and number of the present offenses, including (i) whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the offense was against persons or property, with greater weight being given to offenses against persons, especially if death or injury resulted; (iii) whether the offense involved the use of a firearm or other dangerous weapon by brandishing, displaying, threatening with or otherwise employing such weapon; and (iv) the nature of the juvenile’s participation in the alleged offense;3\n\nThe record and previous history of the juvenile in this or any other jurisdiction, including (i) the number and nature of previous contacts with courts, (ii) the number and nature of prior periods of probation, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts that involved the infliction of serious bodily injury, and (vi) whether the offense is part of a repetitive pattern of similar adjudicated offenses; and4\n\nThe Department’s estimated length of stay.\n\t\t\t\tSuch commitment order must be supported by a determination that the interests of the juvenile and community require that the juvenile be placed under legal restraint or discipline and that the juvenile is not a proper person to receive treatment or rehabilitation through other juvenile programs or facilities.C\n\nIn ordering commitment pursuant to this section, the court shall specify a period of commitment not to exceed seven years or the juvenile’s twenty-first birthday, whichever shall occur first. The court may also order a period of determinate or indeterminate parole supervision to follow the commitment but the total period of commitment and parole supervision shall not exceed seven years or the juvenile’s twenty-first birthday, whichever occurs first.D\n\nUpon receipt of a juvenile committed under the provisions of this section, the Department shall evaluate the juvenile for the purpose of considering placement of the juvenile in an appropriate juvenile correctional center for the time prescribed by the committing court. Such a placement decision shall be made based on the availability of treatment programs at the facility; the level of security at the facility; the offense for which the juvenile has been committed; and the welfare, age and gender of the juvenile.E\n\nThe court which commits the juvenile to the Department under this section shall have continuing jurisdiction over the juvenile throughout his commitment. The continuing jurisdiction of the court shall not prevent the Department from removing the juvenile from a juvenile correctional center without prior court approval for the sole purposes of routine or emergency medical treatment, routine educational services, or family emergencies.F\n\nAny juvenile committed under the provisions of this section shall not be released at a time earlier than that specified by the court in its dispositional order except as provided for in § 16.1-285.2. The Department may petition the committing court, notwithstanding the terms of any plea agreement or commitment order, for a hearing as provided for in § 16.1-285.2 for an earlier release of the juvenile when good cause exists for an earlier release. In addition, notwithstanding the terms of any plea agreement or commitment order, the Department shall petition the committing court for a determination as to the continued commitment of each juvenile sentenced under this section at least sixty days prior to the second anniversary of the juvenile’s date of commitment and sixty days prior to each annual anniversary thereafter.","order_by":null,"text":{"0":{"id":269909,"text":"In the case of a juvenile fourteen years of age or older who has been found guilty of an offense which would be a felony if committed by an adult, and either (i) the juvenile is on parole for an offense which would be a felony if committed by an adult, (ii) the juvenile was committed to the state for an offense which would be a felony if committed by an adult within the immediately preceding twelve months, (iii) the felony offense is punishable by a term of confinement of greater than twenty years if the felony was committed by an adult, or (iv) the juvenile has been previously adjudicated delinquent for an offense which if committed by an adult would be a felony punishable by a term of confinement of twenty years or more, and the circuit court, or the juvenile or family court, as the case may be, finds that commitment under this section is necessary to meet the rehabilitative needs of the juvenile and would serve the best interests of the community, then the court may order the juvenile committed to the Department of Juvenile Justice for placement in a juvenile correctional center for the period of time prescribed pursuant to this section.\n\t\t\tAlternatively, in order to determine if a juvenile, transferred from a juvenile and domestic relations district court to a circuit court pursuant to § 16.1-269.1, appropriately qualifies for commitment pursuant to this section, notwithstanding the inapplicability of the qualification criteria set forth in clauses (i) through (iv), the circuit court may consider the commitment criteria set forth in subdivisions 1, 2, and 3 of subsection B as well as other components of the juvenile’s life history and, if upon such consideration in the opinion of the court the needs of the juvenile and the interests of the community would clearly best be served by commitment hereunder, may so commit the juvenile.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269910,"text":"Prior to committing any juvenile pursuant to this section, the court shall consider:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":269911,"text":"The juvenile’s age;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":269912,"text":"The seriousness and number of the present offenses, including (i) whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the offense was against persons or property, with greater weight being given to offenses against persons, especially if death or injury resulted; (iii) whether the offense involved the use of a firearm or other dangerous weapon by brandishing, displaying, threatening with or otherwise employing such weapon; and (iv) the nature of the juvenile’s participation in the alleged offense;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":269913,"text":"The record and previous history of the juvenile in this or any other jurisdiction, including (i) the number and nature of previous contacts with courts, (ii) the number and nature of prior periods of probation, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts that involved the infliction of serious bodily injury, and (vi) whether the offense is part of a repetitive pattern of similar adjudicated offenses; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":269914,"text":"The Department’s estimated length of stay.\n\t\t\t\tSuch commitment order must be supported by a determination that the interests of the juvenile and community require that the juvenile be placed under legal restraint or discipline and that the juvenile is not a proper person to receive treatment or rehabilitation through other juvenile programs or facilities.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":269915,"text":"In ordering commitment pursuant to this section, the court shall specify a period of commitment not to exceed seven years or the juvenile’s twenty-first birthday, whichever shall occur first. The court may also order a period of determinate or indeterminate parole supervision to follow the commitment but the total period of commitment and parole supervision shall not exceed seven years or the juvenile’s twenty-first birthday, whichever occurs first.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":269916,"text":"Upon receipt of a juvenile committed under the provisions of this section, the Department shall evaluate the juvenile for the purpose of considering placement of the juvenile in an appropriate juvenile correctional center for the time prescribed by the committing court. Such a placement decision shall be made based on the availability of treatment programs at the facility; the level of security at the facility; the offense for which the juvenile has been committed; and the welfare, age and gender of the juvenile.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":269917,"text":"The court which commits the juvenile to the Department under this section shall have continuing jurisdiction over the juvenile throughout his commitment. The continuing jurisdiction of the court shall not prevent the Department from removing the juvenile from a juvenile correctional center without prior court approval for the sole purposes of routine or emergency medical treatment, routine educational services, or family emergencies.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":269918,"text":"Any juvenile committed under the provisions of this section shall not be released at a time earlier than that specified by the court in its dispositional order except as provided for in § 16.1-285.2. The Department may petition the committing court, notwithstanding the terms of any plea agreement or commitment order, for a hearing as provided for in § 16.1-285.2 for an earlier release of the juvenile when good cause exists for an earlier release. In addition, notwithstanding the terms of any plea agreement or commitment order, the Department shall petition the committing court for a determination as to the continued commitment of each juvenile sentenced under this section at least sixty days prior to the second anniversary of the juvenile’s date of commitment and sixty days prior to each annual anniversary thereafter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13006,"edition_id":1,"name":"Disposition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":161781,"object_type":"structure","relational_id":13006,"identifier":"9","token":"16.1\/11\/9","url":"\/16.1\/11\/9\/","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":61839,"structure_id":13006,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","url":"\/16.1-278\/","token":"16.1\/11\/9\/16.1-278","metadata":false},{"id":71042,"structure_id":13006,"section_number":"16.1-278.1","catch_line":"Definitions","url":"\/16.1-278.1\/","token":"16.1\/11\/9\/16.1-278.1","metadata":false},{"id":82666,"structure_id":13006,"section_number":"16.1-278.10","catch_line":"Traffic infractions","url":"\/16.1-278.10\/","token":"16.1\/11\/9\/16.1-278.10","metadata":false},{"id":81073,"structure_id":13006,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","url":"\/16.1-278.11\/","token":"16.1\/11\/9\/16.1-278.11","metadata":false},{"id":63604,"structure_id":13006,"section_number":"16.1-278.12","catch_line":"When judicial consent in lieu of parental consent authorized","url":"\/16.1-278.12\/","token":"16.1\/11\/9\/16.1-278.12","metadata":false},{"id":65268,"structure_id":13006,"section_number":"16.1-278.13","catch_line":"Work permits; petitions for treatment, etc","url":"\/16.1-278.13\/","token":"16.1\/11\/9\/16.1-278.13","metadata":false},{"id":75260,"structure_id":13006,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","url":"\/16.1-278.14\/","token":"16.1\/11\/9\/16.1-278.14","metadata":false},{"id":78408,"structure_id":13006,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","url":"\/16.1-278.15\/","token":"16.1\/11\/9\/16.1-278.15","metadata":false},{"id":61778,"structure_id":13006,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","url":"\/16.1-278.16\/","token":"16.1\/11\/9\/16.1-278.16","metadata":false},{"id":63607,"structure_id":13006,"section_number":"16.1-278.17","catch_line":"Pendente lite support","url":"\/16.1-278.17\/","token":"16.1\/11\/9\/16.1-278.17","metadata":false},{"id":83584,"structure_id":13006,"section_number":"16.1-278.17:1","catch_line":"Formula for determination of pendente lite spousal support","url":"\/16.1-278.17_1\/","token":"16.1\/11\/9\/16.1-278.17_1","metadata":false},{"id":59856,"structure_id":13006,"section_number":"16.1-278.18","catch_line":"Money judgments","url":"\/16.1-278.18\/","token":"16.1\/11\/9\/16.1-278.18","metadata":false},{"id":74062,"structure_id":13006,"section_number":"16.1-278.19","catch_line":"Attorney fees","url":"\/16.1-278.19\/","token":"16.1\/11\/9\/16.1-278.19","metadata":false},{"id":59979,"structure_id":13006,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","url":"\/16.1-278.2\/","token":"16.1\/11\/9\/16.1-278.2","metadata":false},{"id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","metadata":false},{"id":86609,"structure_id":13006,"section_number":"16.1-278.4","catch_line":"Children in need of services","url":"\/16.1-278.4\/","token":"16.1\/11\/9\/16.1-278.4","metadata":false},{"id":62708,"structure_id":13006,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","url":"\/16.1-278.5\/","token":"16.1\/11\/9\/16.1-278.5","metadata":false},{"id":74489,"structure_id":13006,"section_number":"16.1-278.6","catch_line":"Status offenders","url":"\/16.1-278.6\/","token":"16.1\/11\/9\/16.1-278.6","metadata":false},{"id":80876,"structure_id":13006,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","url":"\/16.1-278.7\/","token":"16.1\/11\/9\/16.1-278.7","metadata":false},{"id":54722,"structure_id":13006,"section_number":"16.1-278.7:01","catch_line":"Department to give notice of the receipt of certain persons","url":"\/16.1-278.7_01\/","token":"16.1\/11\/9\/16.1-278.7_01","metadata":false},{"id":87505,"structure_id":13006,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/16.1-278.7_02\/","token":"16.1\/11\/9\/16.1-278.7_02","metadata":false},{"id":62824,"structure_id":13006,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","url":"\/16.1-278.8\/","token":"16.1\/11\/9\/16.1-278.8","metadata":false},{"id":67041,"structure_id":13006,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},{"id":74546,"structure_id":13006,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","url":"\/16.1-278.9\/","token":"16.1\/11\/9\/16.1-278.9","metadata":false},{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},{"id":62456,"structure_id":13006,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","url":"\/16.1-279.1\/","token":"16.1\/11\/9\/16.1-279.1","metadata":false},{"id":76101,"structure_id":13006,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","url":"\/16.1-280\/","token":"16.1\/11\/9\/16.1-280","metadata":false},{"id":58560,"structure_id":13006,"section_number":"16.1-281","catch_line":"Foster care plan","url":"\/16.1-281\/","token":"16.1\/11\/9\/16.1-281","metadata":false},{"id":56077,"structure_id":13006,"section_number":"16.1-282","catch_line":"Foster care review","url":"\/16.1-282\/","token":"16.1\/11\/9\/16.1-282","metadata":false},{"id":55053,"structure_id":13006,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","url":"\/16.1-282.1\/","token":"16.1\/11\/9\/16.1-282.1","metadata":false},{"id":56299,"structure_id":13006,"section_number":"16.1-282.2","catch_line":"Annual foster care review","url":"\/16.1-282.2\/","token":"16.1\/11\/9\/16.1-282.2","metadata":false},{"id":75076,"structure_id":13006,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","url":"\/16.1-283\/","token":"16.1\/11\/9\/16.1-283","metadata":false},{"id":74001,"structure_id":13006,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","url":"\/16.1-283.1\/","token":"16.1\/11\/9\/16.1-283.1","metadata":false},{"id":85194,"structure_id":13006,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","url":"\/16.1-283.2\/","token":"16.1\/11\/9\/16.1-283.2","metadata":false},{"id":55428,"structure_id":13006,"section_number":"16.1-283.3","catch_line":"Review of voluntary continuing services and support agreements for former foster youth","url":"\/16.1-283.3\/","token":"16.1\/11\/9\/16.1-283.3","metadata":false},{"id":61757,"structure_id":13006,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","url":"\/16.1-284\/","token":"16.1\/11\/9\/16.1-284","metadata":false},{"id":54157,"structure_id":13006,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","url":"\/16.1-284.1\/","token":"16.1\/11\/9\/16.1-284.1","metadata":false},{"id":59506,"structure_id":13006,"section_number":"16.1-285","catch_line":"Duration of commitments","url":"\/16.1-285\/","token":"16.1\/11\/9\/16.1-285","metadata":false},{"id":75164,"structure_id":13006,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","url":"\/16.1-285.1\/","token":"16.1\/11\/9\/16.1-285.1","metadata":false},{"id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","metadata":false},{"id":84274,"structure_id":13006,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","url":"\/16.1-286\/","token":"16.1\/11\/9\/16.1-286","metadata":false},{"id":78593,"structure_id":13006,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","url":"\/16.1-287\/","token":"16.1\/11\/9\/16.1-287","metadata":false},{"id":86549,"structure_id":13006,"section_number":"16.1-288","catch_line":"Protection of religious affiliations","url":"\/16.1-288\/","token":"16.1\/11\/9\/16.1-288","metadata":false},{"id":70444,"structure_id":13006,"section_number":"16.1-289","catch_line":"Review of order of commitment","url":"\/16.1-289\/","token":"16.1\/11\/9\/16.1-289","metadata":false},{"id":67111,"structure_id":13006,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","url":"\/16.1-289.1\/","token":"16.1\/11\/9\/16.1-289.1","metadata":false},{"id":65314,"structure_id":13006,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","url":"\/16.1-290\/","token":"16.1\/11\/9\/16.1-290","metadata":false},{"id":54758,"structure_id":13006,"section_number":"16.1-290.1","catch_line":"Payment for court-ordered counseling, treatment or programs","url":"\/16.1-290.1\/","token":"16.1\/11\/9\/16.1-290.1","metadata":false},{"id":66947,"structure_id":13006,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-290.2\/","token":"16.1\/11\/9\/16.1-290.2","metadata":false}],"previous_section":{"id":59506,"structure_id":13006,"section_number":"16.1-285","catch_line":"Duration of commitments","url":"\/16.1-285\/","token":"16.1\/11\/9\/16.1-285","metadata":false},"next_section":{"id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-285.1\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 260 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 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1989, chapter 717; in 1992, chapter 484; in 1994, chapters 859<\/a> and 949<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 2001, chapter 563<\/a>.<\/p>","references":[{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":68027,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","order_by":null,"url":"\/16.1-275\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":59506,"section_number":"16.1-285","catch_line":"Duration of commitments","order_by":null,"url":"\/16.1-285\/"},{"id":70403,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","order_by":null,"url":"\/16.1-285.2\/"},{"id":62047,"section_number":"16.1-291","catch_line":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","order_by":null,"url":"\/16.1-291\/"},{"id":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":66785,"section_number":"16.1-309.7","catch_line":"Determination of payment","order_by":null,"url":"\/16.1-309.7\/"},{"id":80744,"section_number":"16.1-330.1","catch_line":"Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty","order_by":null,"url":"\/16.1-330.1\/"},{"id":56687,"section_number":"53.1-202.2","catch_line":"Eligibility for earned sentence credits","order_by":null,"url":"\/53.1-202.2\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"id":63482,"section_number":"66-25.1:3","catch_line":"Extending limits of confinement of state wards for work and educational programs; disposition of wages; penalties for violations","order_by":null,"url":"\/66-25.1_3\/"},{"id":57052,"section_number":"66-25.1:4","catch_line":"Work release furlough","order_by":null,"url":"\/66-25.1_4\/"},{"id":67748,"section_number":"66-25.2","catch_line":"Notice to be given prior to release of serious offenders","order_by":null,"url":"\/66-25.2\/"}],"refers_to":[{"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":70403,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","order_by":null,"url":"\/16.1-285.2\/"}],"permalink":{"id":161935,"object_type":"law","relational_id":75164,"identifier":"16.1-285.1","token":"16.1\/11\/9\/16.1-285.1","url":"\/16.1-285.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-285.1\/","token":"16.1\/11\/9\/16.1-285.1","dublin_core":{"Title":"Commitment of serious offenders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-285.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the case of a juvenile fourteen years of age or older who has been found guilty of an offense<\/span> which would be a felony<\/span> if committed by an adult<\/span>, and either (i) the juvenile is on parole<\/span> for an offense<\/span> which would be a felony<\/span> if committed by an adult<\/span>, (ii) the juvenile was committed to the state for an offense<\/span> which would be a felony<\/span> if committed by an adult<\/span> within the immediately preceding twelve months, (iii) the felony<\/span> offense<\/span> is punishable by a term of confinement of greater than twenty years if the felony<\/span> was committed by an adult<\/span>, or (iv) the juvenile has been previously adjudicated delinquent for an offense<\/span> which if committed by an adult<\/span> would be a felony<\/span> punishable by a term of confinement of twenty years or more, and the circuit<\/span> court, or the juvenile or family court, as the case may be, finds that commitment under this section is necessary to meet the rehabilitative needs of the juvenile and would serve the best interests of the community, then the court<\/span> may order<\/span> the juvenile committed to the Department<\/span> of Juvenile Justice for placement in a juvenile correctional center for the period of time prescribed pursuant to this section.\n\t\t\tAlternatively, in order<\/span> to determine if a juvenile, transferred from a juvenile and domestic relations district court to a circuit<\/span> court pursuant to § 16.1-269.1<\/a>, appropriately qualifies for commitment pursuant to this section, notwithstanding the inapplicability of the qualification criteria set forth in clauses (i) through (iv), the circuit<\/span> court may consider the commitment criteria set forth in subdivisions 1, 2, and 3 of subsection B as well as other components of the juvenile’s life history and, if upon such consideration in the opinion<\/span> of the court<\/span> the needs of the juvenile and the interests of the community would clearly best be served by commitment hereunder, may so commit the juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to committing any juvenile pursuant to this section, the court<\/span> shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The juvenile’s age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The seriousness and number of the present offenses<\/span>, including (i) whether the offense<\/span> was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the offense<\/span> was against persons or property, with greater weight being given to offenses<\/span> against persons, especially if death or injury resulted; (iii) whether the offense<\/span> involved the use of a firearm or other dangerous weapon by brandishing, displaying, threatening with or otherwise employing such weapon; and (iv) the nature of the juvenile’s participation in the alleged offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The record and previous history of the juvenile in this or any other jurisdiction<\/span>, including (i) the number and nature of previous contacts with courts<\/span>, (ii) the number and nature of prior periods of probation<\/span>, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts<\/span> that involved the infliction of serious bodily injury, and (vi) whether the offense<\/span> is part of a repetitive pattern of similar adjudicated offenses<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Department<\/span>’s estimated length of stay<\/span>.\n\t\t\t\tSuch commitment order<\/span> must be supported by a determination that the interests of the juvenile and community require that the juvenile be placed under legal restraint or discipline and that the juvenile is not a proper person to receive treatment or rehabilitation through other juvenile programs or facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In ordering commitment pursuant to this section, the court<\/span> shall specify a period of commitment not to exceed seven years or the juvenile’s twenty-first birthday, whichever shall occur first. The court<\/span> may also order<\/span> a period of determinate or indeterminate parole<\/span> supervision to follow the commitment but the total period of commitment and parole<\/span> supervision shall not exceed seven years or the juvenile’s twenty-first birthday, whichever occurs first. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receipt of a juvenile committed under the provisions of this section, the Department<\/span> shall evaluate the juvenile for the purpose of considering placement of the juvenile in an appropriate juvenile correctional center for the time prescribed by the committing court. Such a placement decision shall be made based on the availability of treatment programs at the facility; the level of security at the facility; the offense<\/span> for which the juvenile has been committed; and the welfare, age and gender of the juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> which commits the juvenile to the Department<\/span> under this section shall have continuing jurisdiction<\/span> over the juvenile throughout his commitment. The continuing jurisdiction<\/span> of the court<\/span> shall not prevent the Department<\/span> from removing the juvenile from a juvenile correctional center without prior court approval for the sole purposes of routine or emergency medical treatment, routine educational services, or family emergencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any juvenile committed under the provisions of this section shall not be released at a time earlier than that specified by the court<\/span> in its dispositional order<\/span> except as provided for in § 16.1-285.2<\/a>. The Department<\/span> may petition<\/span> the committing court, notwithstanding the terms of any plea<\/span> agreement or commitment order<\/span>, for a hearing<\/span> as provided for in § 16.1-285.2<\/a> for an earlier release of the juvenile when good cause exists for an earlier release. In addition, notwithstanding the terms of any plea<\/span> agreement or commitment order<\/span>, the Department<\/span> shall petition<\/span> the committing court for a determination as to the continued commitment of each juvenile sentenced under this section at least sixty days prior to the second anniversary of the juvenile’s date of commitment and sixty days prior to each annual anniversary thereafter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMITMENT OF SERIOUS OFFENDERS (\u00a7 16.1-285.1)\n\nA. In the case of a juvenile fourteen years of age or older who has been found\nguilty of an offense which would be a felony if committed by an adult, and\neither (i) the juvenile is on parole for an offense which would be a felony if\ncommitted by an adult, (ii) the juvenile was committed to the state for an\noffense which would be a felony if committed by an adult within the immediately\npreceding twelve months, (iii) the felony offense is punishable by a term of\nconfinement of greater than twenty years if the felony was committed by an\nadult, or (iv) the juvenile has been previously adjudicated delinquent for an\noffense which if committed by an adult would be a felony punishable by a term of\nconfinement of twenty years or more, and the circuit court, or the juvenile or\nfamily court, as the case may be, finds that commitment under this section is\nnecessary to meet the rehabilitative needs of the juvenile and would serve the\nbest interests of the community, then the court may order the juvenile committed\nto the Department of Juvenile Justice for placement in a juvenile correctional\ncenter for the period of time prescribed pursuant to this section.\n\t\t\tAlternatively, in order to determine if a juvenile, transferred from a\njuvenile and domestic relations district court to a circuit court pursuant to\n§ 16.1-269.1, appropriately qualifies for commitment pursuant to this\nsection, notwithstanding the inapplicability of the qualification criteria set\nforth in clauses (i) through (iv), the circuit court may consider the commitment\ncriteria set forth in subdivisions 1, 2, and 3 of subsection B as well as other\ncomponents of the juvenile’s life history and, if upon such consideration\nin the opinion of the court the needs of the juvenile and the interests of the\ncommunity would clearly best be served by commitment hereunder, may so commit\nthe juvenile.\n\nB. Prior to committing any juvenile pursuant to this section, the court shall\nconsider:\n\n 1. The juvenile’s age;\n\n 2. The seriousness and number of the present offenses, including (i) whether\n the offense was committed in an aggressive, violent, premeditated, or willful\n manner; (ii) whether the offense was against persons or property, with greater\n weight being given to offenses against persons, especially if death or injury\n resulted; (iii) whether the offense involved the use of a firearm or other\n dangerous weapon by brandishing, displaying, threatening with or otherwise\n employing such weapon; and (iv) the nature of the juvenile’s\n participation in the alleged offense;\n\n 3. The record and previous history of the juvenile in this or any other\n jurisdiction, including (i) the number and nature of previous contacts with\n courts, (ii) the number and nature of prior periods of probation, (iii) the\n number and nature of prior commitments to juvenile correctional centers, (iv)\n the number and nature of previous residential and community-based treatments,\n (v) whether previous adjudications and commitments were for delinquent acts\n that involved the infliction of serious bodily injury, and (vi) whether the\n offense is part of a repetitive pattern of similar adjudicated offenses; and\n\n 4. The Department’s estimated length of stay.\n \t\t\t\tSuch commitment order must be supported by a determination that the\n interests of the juvenile and community require that the juvenile be placed\n under legal restraint or discipline and that the juvenile is not a proper\n person to receive treatment or rehabilitation through other juvenile programs\n or facilities.\n\nC. In ordering commitment pursuant to this section, the court shall specify a\nperiod of commitment not to exceed seven years or the juvenile’s\ntwenty-first birthday, whichever shall occur first. The court may also order a\nperiod of determinate or indeterminate parole supervision to follow the\ncommitment but the total period of commitment and parole supervision shall not\nexceed seven years or the juvenile’s twenty-first birthday, whichever\noccurs first.\n\nD. Upon receipt of a juvenile committed under the provisions of this section,\nthe Department shall evaluate the juvenile for the purpose of considering\nplacement of the juvenile in an appropriate juvenile correctional center for the\ntime prescribed by the committing court. Such a placement decision shall be made\nbased on the availability of treatment programs at the facility; the level of\nsecurity at the facility; the offense for which the juvenile has been committed;\nand the welfare, age and gender of the juvenile.\n\nE. The court which commits the juvenile to the Department under this section\nshall have continuing jurisdiction over the juvenile throughout his commitment.\nThe continuing jurisdiction of the court shall not prevent the Department from\nremoving the juvenile from a juvenile correctional center without prior court\napproval for the sole purposes of routine or emergency medical treatment,\nroutine educational services, or family emergencies.\n\nF. Any juvenile committed under the provisions of this section shall not be\nreleased at a time earlier than that specified by the court in its dispositional\norder except as provided for in § 16.1-285.2. The Department may petition\nthe committing court, notwithstanding the terms of any plea agreement or\ncommitment order, for a hearing as provided for in § 16.1-285.2 for an\nearlier release of the juvenile when good cause exists for an earlier release.\nIn addition, notwithstanding the terms of any plea agreement or commitment\norder, the Department shall petition the committing court for a determination as\nto the continued commitment of each juvenile sentenced under this section at\nleast sixty days prior to the second anniversary of the juvenile’s date of\ncommitment and sixty days prior to each annual anniversary thereafter.\n\nHISTORY: 1985, c. 260; 1989, c. 717; 1992, c. 484; 1994, cc. 859, 949; 1996, cc.\n755, 914; 2001, c. 563; 2021, Sp. Sess. I, c. 284.","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}}