{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-291.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-291.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-291.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-291.html"}],"law_id":62047,"edition_id":1,"section_id":62047,"structure_id":15946,"section_number":"16.1-291","catch_line":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","history":"Code 1950, \u00a7 16.1-188; 1956, c. 555; 1977, c. 559; 1991, c. 534; 1992, c. 90; 2001, c. 853; 2016, c. 626.","full_text":"A\n\nA juvenile or person who violates an order of the juvenile court entered into pursuant to §§ 16.1-278.2 through 16.1-278.10 or § 16.1-284, who violates the conditions of his probation granted pursuant to § 16.1-278.5 or 16.1-278.8, or who violates the conditions of his parole granted pursuant to § 16.1-285, 16.1-285.1 or 16.1-293, may be proceeded against for a revocation or modification of such order or parole status. A proceeding to revoke or modify probation, protective supervision or parole shall be commenced by the filing of a petition. Except as otherwise provided, such petitions shall be screened, reviewed and prepared in the same manner and shall contain the same information as provided in §§ 16.1-260 and 16.1-262. The petition shall recite the date that the juvenile or person was placed on probation, under protective supervision or on parole and shall state the time and manner in which notice of the terms of probation, protective supervision or parole were given.B\n\nIf a juvenile or person is found to have violated a prior order of the court or the terms of probation or parole, the court may, in accordance with the provisions of §§ 16.1-278.2 through 16.1-278.10, upon a revocation or modification hearing, modify or extend the terms of the order of probation or parole, including termination of probation or parole. However, notwithstanding the contempt power of the court as provided in § 16.1-292, the court shall be limited in the actions it may take to those that the court may have taken at the time of the court’s original disposition pursuant to §§ 16.1-278.2 through 16.1-278.10, except as hereinafter provided.C\n\nIn the event that a child in need of supervision is found to have willfully and materially violated an order of the court or the terms of his probation granted pursuant to \u00a7 16.1-278.5, in addition to or in lieu of the dispositions specified in that section, the court may enter any of the following orders of disposition:1\n\nSuspend the child’s driver’s license upon terms and conditions which may include the issuance of a restricted license for those purposes set forth in subsection E of § 18.2-271.1; or2\n\nOrder any such child fourteen years of age or older to be (i) placed in a foster home, group home or other nonsecure residential facility, or, (ii) if the court finds that such placement is not likely to meet the child’s needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child’s service needs, detained in a secure facility for a period of time not to exceed ten consecutive days for violation of any order of the court or violation of probation arising out of the same petition. The court shall state in its order for detention the basis for all findings required by this section. When any child is detained in a secure facility pursuant to this section, the court shall direct the agency evaluating the child pursuant to § 16.1-278.5 to reconvene the interdisciplinary team participating in such evaluation, develop further treatment plans as may be appropriate and submit its report to the court of its determination as to further treatment efforts either during or following the period the child is in secure detention. A child may only be detained pursuant to this section in a detention home or other secure facility in compliance with standards established by the State Board. Any order issued pursuant to this subsection is a final order and is appealable as provided by law.D\n\nNothing in this section shall be construed to reclassify a child in need of supervision as a delinquent.E\n\nIf a person adjudicated delinquent and found to have violated an order of the court or the terms of his probation or parole was a juvenile at the time of the original offense and is eighteen years of age or older when the court enters disposition for violation of the order of the court or the terms of his probation or parole, the dispositional alternative specified in § 16.1-284 shall be available to the court.","order_by":null,"text":{"0":{"id":226425,"text":"A juvenile or person who violates an order of the juvenile court entered into pursuant to §§ 16.1-278.2 through 16.1-278.10 or § 16.1-284, who violates the conditions of his probation granted pursuant to § 16.1-278.5 or 16.1-278.8, or who violates the conditions of his parole granted pursuant to § 16.1-285, 16.1-285.1 or 16.1-293, may be proceeded against for a revocation or modification of such order or parole status. A proceeding to revoke or modify probation, protective supervision or parole shall be commenced by the filing of a petition. Except as otherwise provided, such petitions shall be screened, reviewed and prepared in the same manner and shall contain the same information as provided in §§ 16.1-260 and 16.1-262. The petition shall recite the date that the juvenile or person was placed on probation, under protective supervision or on parole and shall state the time and manner in which notice of the terms of probation, protective supervision or parole were given.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226426,"text":"If a juvenile or person is found to have violated a prior order of the court or the terms of probation or parole, the court may, in accordance with the provisions of §§ 16.1-278.2 through 16.1-278.10, upon a revocation or modification hearing, modify or extend the terms of the order of probation or parole, including termination of probation or parole. However, notwithstanding the contempt power of the court as provided in § 16.1-292, the court shall be limited in the actions it may take to those that the court may have taken at the time of the court’s original disposition pursuant to §§ 16.1-278.2 through 16.1-278.10, except as hereinafter provided.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226427,"text":"In the event that a child in need of supervision is found to have willfully and materially violated an order of the court or the terms of his probation granted pursuant to \u00a7 16.1-278.5, in addition to or in lieu of the dispositions specified in that section, the court may enter any of the following orders of disposition:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":226428,"text":"Suspend the child’s driver’s license upon terms and conditions which may include the issuance of a restricted license for those purposes set forth in subsection E of § 18.2-271.1; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":226429,"text":"Order any such child fourteen years of age or older to be (i) placed in a foster home, group home or other nonsecure residential facility, or, (ii) if the court finds that such placement is not likely to meet the child’s needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child’s service needs, detained in a secure facility for a period of time not to exceed ten consecutive days for violation of any order of the court or violation of probation arising out of the same petition. The court shall state in its order for detention the basis for all findings required by this section. When any child is detained in a secure facility pursuant to this section, the court shall direct the agency evaluating the child pursuant to § 16.1-278.5 to reconvene the interdisciplinary team participating in such evaluation, develop further treatment plans as may be appropriate and submit its report to the court of its determination as to further treatment efforts either during or following the period the child is in secure detention. A child may only be detained pursuant to this section in a detention home or other secure facility in compliance with standards established by the State Board. Any order issued pursuant to this subsection is a final order and is appealable as provided by law.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":226430,"text":"Nothing in this section shall be construed to reclassify a child in need of supervision as a delinquent.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":226431,"text":"If a person adjudicated delinquent and found to have violated an order of the court or the terms of his probation or parole was a juvenile at the time of the original offense and is eighteen years of age or older when the court enters disposition for violation of the order of the court or the terms of his probation or parole, the dispositional alternative specified in § 16.1-284 shall be available to the court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15946,"edition_id":1,"name":"Probation and Parole","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 04:02:29","date_modified":"2026-06-26 04:02:29","permalink":{"id":160969,"object_type":"structure","relational_id":15946,"identifier":"10","token":"16.1\/11\/10","url":"\/16.1\/11\/10\/","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":62047,"structure_id":15946,"section_number":"16.1-291","catch_line":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","url":"\/16.1-291\/","token":"16.1\/11\/10\/16.1-291","metadata":false},{"id":63958,"structure_id":15946,"section_number":"16.1-292","catch_line":"Violation of court order by any person","url":"\/16.1-292\/","token":"16.1\/11\/10\/16.1-292","metadata":false},{"id":62499,"structure_id":15946,"section_number":"16.1-293","catch_line":"Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house","url":"\/16.1-293\/","token":"16.1\/11\/10\/16.1-293","metadata":false},{"id":77615,"structure_id":15946,"section_number":"16.1-293.1","catch_line":"Mental health services transition plan","url":"\/16.1-293.1\/","token":"16.1\/11\/10\/16.1-293.1","metadata":false},{"id":77808,"structure_id":15946,"section_number":"16.1-294","catch_line":"Placing child on parole in foster home or with institution; how cost paid","url":"\/16.1-294\/","token":"16.1\/11\/10\/16.1-294","metadata":false},{"id":63996,"structure_id":15946,"section_number":"16.1-295","catch_line":"Transfer of supervision from one county or city to another, or to another state","url":"\/16.1-295\/","token":"16.1\/11\/10\/16.1-295","metadata":false}],"next_section":{"id":63958,"structure_id":15946,"section_number":"16.1-292","catch_line":"Violation of court order by any person","url":"\/16.1-292\/","token":"16.1\/11\/10\/16.1-292","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-291\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1956, chapter 555; in 1977, chapter 559; in 1991, chapter 534; in 1992, chapter 90; in 2001, chapter 853<\/a>; in 2016, chapter 626<\/a>.<\/p>","references":[{"id":59506,"section_number":"16.1-285","catch_line":"Duration of commitments","order_by":null,"url":"\/16.1-285\/"},{"id":62499,"section_number":"16.1-293","catch_line":"Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house","order_by":null,"url":"\/16.1-293\/"}],"refers_to":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":62109,"section_number":"16.1-262","catch_line":"Form and content of petition","order_by":null,"url":"\/16.1-262\/"},{"id":82666,"section_number":"16.1-278.10","catch_line":"Traffic infractions","order_by":null,"url":"\/16.1-278.10\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":62708,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","order_by":null,"url":"\/16.1-278.5\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":61757,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","order_by":null,"url":"\/16.1-284\/"},{"id":59506,"section_number":"16.1-285","catch_line":"Duration of commitments","order_by":null,"url":"\/16.1-285\/"},{"id":75164,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","order_by":null,"url":"\/16.1-285.1\/"},{"id":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"id":62499,"section_number":"16.1-293","catch_line":"Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house","order_by":null,"url":"\/16.1-293\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"}],"permalink":{"id":160971,"object_type":"law","relational_id":62047,"identifier":"16.1-291","token":"16.1\/11\/10\/16.1-291","url":"\/16.1-291\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-291\/","token":"16.1\/11\/10\/16.1-291","dublin_core":{"Title":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-291","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A juvenile or person who violates an order<\/span> of the juvenile court<\/span> entered into pursuant to §§ 16.1-278.2<\/a> through 16.1-278.10<\/a> or § 16.1-284<\/a>, who violates the conditions of his probation<\/span> granted pursuant to § 16.1-278.5<\/a> or 16.1-278.8<\/a>, or who violates the conditions of his parole<\/span> granted pursuant to § 16.1-285<\/a>, 16.1-285.1<\/a> or 16.1-293<\/a>, may be proceeded against for a revocation<\/span> or modification of such order<\/span> or parole<\/span> status. A proceeding to revoke or modify probation<\/span>, protective supervision or parole<\/span> shall be commenced by the filing of a petition<\/span>. Except as otherwise provided, such petitions<\/span> shall be screened, reviewed and prepared in the same manner and shall contain the same information as provided in §§ 16.1-260<\/a> and 16.1-262<\/a>. The petition<\/span> shall recite the date that the juvenile or person was placed on probation<\/span>, under protective supervision or on parole<\/span> and shall state the time and manner in which notice of the terms of probation<\/span>, protective supervision or parole<\/span> were given. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a juvenile or person is found to have violated a prior order<\/span> of the court<\/span> or the terms of probation<\/span> or parole<\/span>, the court<\/span> may, in accordance with the provisions of §§ 16.1-278.2<\/a> through 16.1-278.10<\/a>, upon a revocation<\/span> or modification hearing<\/span>, modify or extend the terms of the order<\/span> of probation<\/span> or parole<\/span>, including termination of probation<\/span> or parole<\/span>. However, notwithstanding the contempt<\/span> power of the court<\/span> as provided in § 16.1-292<\/a>, the court<\/span> shall be limited in the actions it may take to those that the court<\/span> may have taken at the time of the court<\/span>’s original disposition<\/span> pursuant to §§ 16.1-278.2<\/a> through 16.1-278.10<\/a>, except as hereinafter provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the event that a child in need of supervision is found to have willfully and materially violated an order<\/span> of the court<\/span> or the terms of his probation<\/span> granted pursuant to \u00a7 16.1-278.5<\/a>, in addition to or in lieu of the dispositions<\/span> specified in that section, the court<\/span> may enter any of the following orders<\/span> of disposition<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Suspend the child’s driver’s license upon terms and conditions which may include the issuance of a restricted license for those purposes set forth in subsection E of § 18.2-271.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Order any such child fourteen years of age or older to be (i) placed in a foster home, group home or other nonsecure residential facility, or, (ii) if the court<\/span> finds that such placement is not likely to meet the child’s needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child’s service needs, detained in a secure facility<\/span> for a period of time not to exceed ten consecutive days for violation of any order of the court<\/span> or violation of probation<\/span> arising out of the same petition<\/span>. The court<\/span> shall state in its order for detention the basis for all findings<\/span> required by this section. When any child is detained in a secure facility<\/span> pursuant to this section, the court<\/span> shall direct the agency evaluating the child pursuant to § 16.1-278.5<\/a> to reconvene the interdisciplinary team participating in such evaluation, develop further treatment plans as may be appropriate and submit its report to the court<\/span> of its determination as to further treatment efforts either during or following the period the child is in secure detention. A child may only be detained pursuant to this section in a detention home<\/span> or other secure facility<\/span> in compliance with standards established by the State Board<\/span>. Any order issued pursuant to this subsection is a final order<\/span> and is appealable as provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to reclassify a child in need of supervision as a delinquent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a person adjudicated delinquent and found to have violated an order of the court<\/span> or the terms of his probation<\/span> or parole<\/span> was a juvenile at the time of the original offense<\/span> and is eighteen years of age or older when the court<\/span> enters disposition<\/span> for violation of the order of the court<\/span> or the terms of his probation<\/span> or parole<\/span>, the dispositional alternative specified in § 16.1-284<\/a> shall be available to the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OR MODIFICATION OF PROBATION, PROTECTIVE SUPERVISION OR PAROLE;\nPROCEEDINGS; DISPOSITION (\u00a7 16.1-291)\n\nA. A juvenile or person who violates an order of the juvenile court entered into\npursuant to §§ 16.1-278.2 through 16.1-278.10 or § 16.1-284, who\nviolates the conditions of his probation granted pursuant to § 16.1-278.5\nor 16.1-278.8, or who violates the conditions of his parole granted pursuant to\n§ 16.1-285, 16.1-285.1 or 16.1-293, may be proceeded against for a\nrevocation or modification of such order or parole status. A proceeding to\nrevoke or modify probation, protective supervision or parole shall be commenced\nby the filing of a petition. Except as otherwise provided, such petitions shall\nbe screened, reviewed and prepared in the same manner and shall contain the same\ninformation as provided in §§ 16.1-260 and 16.1-262. The petition\nshall recite the date that the juvenile or person was placed on probation, under\nprotective supervision or on parole and shall state the time and manner in which\nnotice of the terms of probation, protective supervision or parole were given.\n\nB. If a juvenile or person is found to have violated a prior order of the court\nor the terms of probation or parole, the court may, in accordance with the\nprovisions of §§ 16.1-278.2 through 16.1-278.10, upon a revocation or\nmodification hearing, modify or extend the terms of the order of probation or\nparole, including termination of probation or parole. However, notwithstanding\nthe contempt power of the court as provided in § 16.1-292, the court shall\nbe limited in the actions it may take to those that the court may have taken at\nthe time of the court’s original disposition pursuant to §§\n16.1-278.2 through 16.1-278.10, except as hereinafter provided.\n\nC. In the event that a child in need of supervision is found to have willfully\nand materially violated an order of the court or the terms of his probation\ngranted pursuant to \u00a7 16.1-278.5, in addition to or in lieu of the dispositions\nspecified in that section, the court may enter any of the following orders of\ndisposition:\n\n 1. Suspend the child’s driver’s license upon terms and conditions\n which may include the issuance of a restricted license for those purposes set\n forth in subsection E of § 18.2-271.1; or\n\n 2. Order any such child fourteen years of age or older to be (i) placed in a\n foster home, group home or other nonsecure residential facility, or, (ii) if\n the court finds that such placement is not likely to meet the child’s\n needs, that all other treatment options in the community have been exhausted,\n and that secure placement is necessary in order to meet the child’s\n service needs, detained in a secure facility for a period of time not to\n exceed ten consecutive days for violation of any order of the court or\n violation of probation arising out of the same petition. The court shall state\n in its order for detention the basis for all findings required by this\n section. When any child is detained in a secure facility pursuant to this\n section, the court shall direct the agency evaluating the child pursuant to\n § 16.1-278.5 to reconvene the interdisciplinary team participating in\n such evaluation, develop further treatment plans as may be appropriate and\n submit its report to the court of its determination as to further treatment\n efforts either during or following the period the child is in secure\n detention. A child may only be detained pursuant to this section in a\n detention home or other secure facility in compliance with standards\n established by the State Board. Any order issued pursuant to this subsection\n is a final order and is appealable as provided by law.\n\nD. Nothing in this section shall be construed to reclassify a child in need of\nsupervision as a delinquent.\n\nE. If a person adjudicated delinquent and found to have violated an order of the\ncourt or the terms of his probation or parole was a juvenile at the time of the\noriginal offense and is eighteen years of age or older when the court enters\ndisposition for violation of the order of the court or the terms of his\nprobation or parole, the dispositional alternative specified in § 16.1-284\nshall be available to the court.\n\nHISTORY: Code 1950, \u00a7 16.1-188; 1956, c. 555; 1977, c. 559; 1991, c. 534; 1992,\nc. 90; 2001, c. 853; 2016, c. 626.","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}}