{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-285.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-285.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-285.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-285.2.html"}],"law_id":70403,"edition_id":1,"section_id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","history":"1994, cc. 859, 949; 1995, c. 536; 1996, cc. 755, 914; 2002, c. 511; 2021, Sp. Sess. I, c. 284.","full_text":"A\n\nUpon receipt of a petition of the Department of Juvenile Justice for a hearing concerning a juvenile committed under § 16.1-285.1, the court shall schedule a hearing within thirty days and shall appoint counsel for the juvenile pursuant to § 16.1-266. The court shall provide a copy of the petition, the progress report required by this section, and notice of the time and place of the hearing to (i) the juvenile, (ii) the juvenile’s parent, legal guardian, or person standing in loco parentis, (iii) the juvenile’s guardian ad litem, if any, (iv) the juvenile’s legal counsel, and (v) the attorney for the Commonwealth who prosecuted the juvenile during the delinquency proceeding. The attorney for the Commonwealth shall provide notice of the time and place of the hearing by first-class mail 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 attorney for the Commonwealth.B\n\nThe petition shall be filed in the committing court and shall be accompanied by a progress report from the Department. This report shall describe (i) the facility and living arrangement provided for the juvenile by the Department, (ii) the services and treatment programs afforded the juvenile, (iii) the juvenile’s progress toward treatment goals and objectives, which shall include a summary of his educational progress, (iv) the juvenile’s potential for danger to either himself or the community, and (v) a comprehensive aftercare plan for the juvenile.B1\n\nThe 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.C\n\nAt the hearing the court shall consider the progress report. The court may also consider additional evidence from (i) probation officers, the juvenile correctional center, treatment professionals, and the court service unit; (ii) the juvenile, his legal counsel, parent, guardian or family member; or (iii) other sources the court deems relevant. The hearing and all records relating thereto shall be governed by the confidentiality provisions of Article 12 (§ 16.1-299 et seq.) of this chapter.D\n\nAt the conclusion of the hearing and notwithstanding the terms of any plea agreement or commitment order, the court shall order (i) continued commitment of the juvenile to the Department for completion of the original determinate period of commitment or such lesser time as the court may order or (ii) release of the juvenile under such terms and conditions as the court may prescribe. In making a determination under this section, the court shall consider (i) the experiences and character of the juvenile before and after commitment, (ii) the nature of the offenses that the juvenile was found to have committed, (iii) the manner in which the offenses were committed, (iv) the protection of the community, (v) the recommendations of the Department, and (vi) any other factors the court deems relevant. The order of the court shall be final and not subject to appeal.E\n\nIn the case of a juvenile convicted as an adult and committed as a serious offender under subdivision A 1 of § 16.1-272, at the conclusion of the review hearing and notwithstanding the terms of any plea agreement or commitment order, the circuit court shall order (i) the juvenile to begin serving any adult sentence in whole or in part that may include any remaining part of the original determinate period of commitment, or (ii) the suspension of the unserved portion of the adult sentence in whole or in part based upon the juvenile’s successful completion of the commitment as a serious offender, or (iii) the continued commitment of the juvenile to the Department for completion of the original determinate period of commitment or such lesser time as the court may order, or (iv) the release of the juvenile under such terms and conditions as the court may prescribe.","order_by":null,"text":{"0":{"id":254089,"text":"Upon receipt of a petition of the Department of Juvenile Justice for a hearing concerning a juvenile committed under § 16.1-285.1, the court shall schedule a hearing within thirty days and shall appoint counsel for the juvenile pursuant to § 16.1-266. The court shall provide a copy of the petition, the progress report required by this section, and notice of the time and place of the hearing to (i) the juvenile, (ii) the juvenile’s parent, legal guardian, or person standing in loco parentis, (iii) the juvenile’s guardian ad litem, if any, (iv) the juvenile’s legal counsel, and (v) the attorney for the Commonwealth who prosecuted the juvenile during the delinquency proceeding. The attorney for the Commonwealth shall provide notice of the time and place of the hearing by first-class mail 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 attorney for the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254090,"text":"The petition shall be filed in the committing court and shall be accompanied by a progress report from the Department. This report shall describe (i) the facility and living arrangement provided for the juvenile by the Department, (ii) the services and treatment programs afforded the juvenile, (iii) the juvenile’s progress toward treatment goals and objectives, which shall include a summary of his educational progress, (iv) the juvenile’s potential for danger to either himself or the community, and (v) a comprehensive aftercare plan for the juvenile.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":254091,"text":"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.","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B","next_prefix":"C"},"3":{"id":254092,"text":"At the hearing the court shall consider the progress report. The court may also consider additional evidence from (i) probation officers, the juvenile correctional center, treatment professionals, and the court service unit; (ii) the juvenile, his legal counsel, parent, guardian or family member; or (iii) other sources the court deems relevant. The hearing and all records relating thereto shall be governed by the confidentiality provisions of Article 12 (§ 16.1-299 et seq.) of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B1","next_prefix":"D"},"4":{"id":254093,"text":"At the conclusion of the hearing and notwithstanding the terms of any plea agreement or commitment order, the court shall order (i) continued commitment of the juvenile to the Department for completion of the original determinate period of commitment or such lesser time as the court may order or (ii) release of the juvenile under such terms and conditions as the court may prescribe. In making a determination under this section, the court shall consider (i) the experiences and character of the juvenile before and after commitment, (ii) the nature of the offenses that the juvenile was found to have committed, (iii) the manner in which the offenses were committed, (iv) the protection of the community, (v) the recommendations of the Department, and (vi) any other factors the court deems relevant. The order of the court shall be final and not subject to appeal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":254094,"text":"In the case of a juvenile convicted as an adult and committed as a serious offender under subdivision A 1 of § 16.1-272, at the conclusion of the review hearing and notwithstanding the terms of any plea agreement or commitment order, the circuit court shall order (i) the juvenile to begin serving any adult sentence in whole or in part that may include any remaining part of the original determinate period of commitment, or (ii) the suspension of the unserved portion of the adult sentence in whole or in part based upon the juvenile’s successful completion of the commitment as a serious offender, or (iii) the continued commitment of the juvenile to the Department for completion of the original determinate period of commitment or such lesser time as the court may order, or (iv) the release of the juvenile under such terms and conditions as the court may prescribe.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-285.2\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 859<\/a> and 949<\/a> 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. It has been modified 3 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 1995, chapter 536<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 2002, chapter 511<\/a>.<\/p>","references":[{"id":75164,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","order_by":null,"url":"\/16.1-285.1\/"}],"refers_to":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":75164,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","order_by":null,"url":"\/16.1-285.1\/"},{"id":84235,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","order_by":null,"url":"\/16.1-299\/"}],"permalink":{"id":161939,"object_type":"law","relational_id":70403,"identifier":"16.1-285.2","token":"16.1\/11\/9\/16.1-285.2","url":"\/16.1-285.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","dublin_core":{"Title":"Release and review hearing for serious offender","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-285.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receipt of a petition<\/span> of the Department<\/span> of Juvenile Justice for a hearing<\/span> concerning a juvenile committed under § 16.1-285.1<\/a>, the court<\/span> shall schedule a hearing<\/span> within thirty days and shall appoint counsel<\/span> for the juvenile pursuant to § 16.1-266<\/a>. The court<\/span> shall provide a copy of the petition<\/span>, the progress report required by this section, and notice of the time and place of the hearing<\/span> to (i) the juvenile, (ii) the juvenile’s parent<\/span>, legal guardian, or person standing in loco parentis, (iii) the juvenile’s guardian ad litem<\/span>, if any, (iv) the juvenile’s legal counsel<\/span>, and (v) the attorney for the Commonwealth who prosecuted the juvenile during the delinquency proceeding. The attorney for the Commonwealth shall provide notice of the time and place of the hearing<\/span> by first-class mail to the last known address of any victim of the offense<\/span> for which the juvenile was committed if such victim has submitted a written request for notification to the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> shall be filed in the committing court and shall be accompanied by a progress report from the Department<\/span>. This report shall describe (i) the facility and living arrangement provided for the juvenile by the Department<\/span>, (ii) the services and treatment programs afforded the juvenile, (iii) the juvenile’s progress toward treatment goals and objectives, which shall include a summary of his educational progress, (iv) the juvenile’s potential for danger to either himself or the community, and (v) a comprehensive aftercare plan for the juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> The appearance<\/span> of the juvenile before the court<\/span> may be by (i) personal appearance<\/span> before the judge<\/span>, 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<\/span> and all communications and proceedings shall be conducted in the same manner as if the appearance<\/span> 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<\/span> shall meet the standards as set forth in subsection B of § 19.2-3.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the hearing<\/span> the court<\/span> shall consider the progress report. The court<\/span> may also consider additional evidence<\/span> from (i) probation officers<\/span>, the juvenile correctional center, treatment professionals, and the court<\/span> service unit; (ii) the juvenile, his legal counsel<\/span>, parent<\/span>, guardian or family member; or (iii) other sources the court<\/span> deems relevant. The hearing<\/span> and all records relating thereto shall be governed by the confidentiality provisions of Article 12 (§ 16.1-299<\/a> et seq.) of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the conclusion of the hearing<\/span> and notwithstanding the terms of any plea<\/span> agreement or commitment order<\/span>, the court<\/span> shall order<\/span> (i) continued commitment of the juvenile to the Department<\/span> for completion of the original determinate period of commitment or such lesser time as the court<\/span> may order<\/span> or (ii) release of the juvenile under such terms and conditions as the court<\/span> may prescribe. In making a determination under this section, the court<\/span> shall consider (i) the experiences and character of the juvenile before and after commitment, (ii) the nature of the offenses<\/span> that the juvenile was found to have committed, (iii) the manner in which the offenses<\/span> were committed, (iv) the protection of the community, (v) the recommendations of the Department<\/span>, and (vi) any other factors the court<\/span> deems relevant. The order<\/span> of the court<\/span> shall be final and not subject to appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the case of a juvenile convicted as an adult<\/span> and committed as a serious offender under subdivision A 1 of § 16.1-272<\/a>, at the conclusion of the review hearing<\/span> and notwithstanding the terms of any plea<\/span> agreement or commitment order<\/span>, the circuit<\/span> court shall order<\/span> (i) the juvenile to begin serving any adult<\/span> sentence in whole or in part that may include any remaining part of the original determinate period of commitment, or (ii) the suspension of the unserved portion of the adult<\/span> sentence in whole or in part based upon the juvenile’s successful completion of the commitment as a serious offender, or (iii) the continued commitment of the juvenile to the Department<\/span> for completion of the original determinate period of commitment or such lesser time as the court<\/span> may order<\/span>, or (iv) the release of the juvenile under such terms and conditions as the court<\/span> may prescribe. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELEASE AND REVIEW HEARING FOR SERIOUS OFFENDER (\u00a7 16.1-285.2)\n\nA. Upon receipt of a petition of the Department of Juvenile Justice for a\nhearing concerning a juvenile committed under § 16.1-285.1, the court shall\nschedule a hearing within thirty days and shall appoint counsel for the juvenile\npursuant to § 16.1-266. The court shall provide a copy of the petition, the\nprogress report required by this section, and notice of the time and place of\nthe hearing to (i) the juvenile, (ii) the juvenile’s parent, legal\nguardian, or person standing in loco parentis, (iii) the juvenile’s\nguardian ad litem, if any, (iv) the juvenile’s legal counsel, and (v) the\nattorney for the Commonwealth who prosecuted the juvenile during the delinquency\nproceeding. The attorney for the Commonwealth shall provide notice of the time\nand place of the hearing by first-class mail to the last known address of any\nvictim of the offense for which the juvenile was committed if such victim has\nsubmitted a written request for notification to the attorney for the\nCommonwealth.\n\nB. The petition shall be filed in the committing court and shall be accompanied\nby a progress report from the Department. This report shall describe (i) the\nfacility and living arrangement provided for the juvenile by the Department,\n(ii) the services and treatment programs afforded the juvenile, (iii) the\njuvenile’s progress toward treatment goals and objectives, which shall\ninclude a summary of his educational progress, (iv) the juvenile’s\npotential for danger to either himself or the community, and (v) a comprehensive\naftercare plan for the juvenile.\n\nB1. The appearance of the juvenile before the court may be by (i) personal\nappearance before the judge, or (ii) use of two-way electronic video and audio\ncommunication. If two-way electronic video and audio communication is used, a\njudge may exercise all powers conferred by law and all communications and\nproceedings shall be conducted in the same manner as if the appearance were in\nperson, and any documents filed may be transmitted by facsimile process. A\nfacsimile may be served or executed by the officer or person to whom sent, and\nreturned in the same manner, and with the same force, effect, authority, and\nliability as an original document. All signatures thereon shall be treated as\noriginal signatures. Any two-way electronic video and audio communication system\nused for an appearance shall meet the standards as set forth in subsection B of\n§ 19.2-3.1.\n\nC. At the hearing the court shall consider the progress report. The court may\nalso consider additional evidence from (i) probation officers, the juvenile\ncorrectional center, treatment professionals, and the court service unit; (ii)\nthe juvenile, his legal counsel, parent, guardian or family member; or (iii)\nother sources the court deems relevant. The hearing and all records relating\nthereto shall be governed by the confidentiality provisions of Article 12\n(§ 16.1-299 et seq.) of this chapter.\n\nD. At the conclusion of the hearing and notwithstanding the terms of any plea\nagreement or commitment order, the court shall order (i) continued commitment of\nthe juvenile to the Department for completion of the original determinate period\nof commitment or such lesser time as the court may order or (ii) release of the\njuvenile under such terms and conditions as the court may prescribe. In making a\ndetermination under this section, the court shall consider (i) the experiences\nand character of the juvenile before and after commitment, (ii) the nature of\nthe offenses that the juvenile was found to have committed, (iii) the manner in\nwhich the offenses were committed, (iv) the protection of the community, (v) the\nrecommendations of the Department, and (vi) any other factors the court deems\nrelevant. The order of the court shall be final and not subject to appeal.\n\nE. In the case of a juvenile convicted as an adult and committed as a serious\noffender under subdivision A 1 of § 16.1-272, at the conclusion of the\nreview hearing and notwithstanding the terms of any plea agreement or commitment\norder, the circuit court shall order (i) the juvenile to begin serving any adult\nsentence in whole or in part that may include any remaining part of the original\ndeterminate period of commitment, or (ii) the suspension of the unserved portion\nof the adult sentence in whole or in part based upon the juvenile’s\nsuccessful completion of the commitment as a serious offender, or (iii) the\ncontinued commitment of the juvenile to the Department for completion of the\noriginal determinate period of commitment or such lesser time as the court may\norder, or (iv) the release of the juvenile under such terms and conditions as\nthe court may prescribe.\n\nHISTORY: 1994, cc. 859, 949; 1995, c. 536; 1996, cc. 755, 914; 2002, c. 511;\n2021, 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}}