{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-330.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-330.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-330.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-330.1.html"}],"law_id":80744,"edition_id":1,"section_id":80744,"structure_id":16679,"section_number":"16.1-330.1","catch_line":"Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty","history":"1993, cc. 465, 927; 1996, c. 293; 1999, c. 508; 2004, c. 418.","full_text":"A\n\nFor purposes of this article, a serious or habitual juvenile offender is a minor who has been (i) adjudicated delinquent or convicted of murder or attempted murder, armed robbery, any felony sexual assault or malicious wounding, or a felony violation of a gang-related crime pursuant to Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4 of Title 18.2, or (ii) convicted at least three times for offenses which would be felonies or Class 1 misdemeanors if committed by an adult. Qualifying convictions or adjudications shall include only those for offenses occurring after July 1, 1993. However, any Serious or Habitual Offender Comprehensive Action Program (SHOCAP) in existence on July 1, 1993, shall be deemed to have been established pursuant to this article and, notwithstanding the limitations of this subsection, may continue to supervise persons who were being supervised on July 1, 1993. Juvenile offenders under SHOCAP supervision at the time of their eighteenth birthday who have been committed to state care pursuant to subdivision A 14 of § 16.1-278.8 or § 16.1-285.1 may continue to be supervised by SHOCAP until their twenty-first birthday.B\n\nThe Serious or Habitual Offender Comprehensive Action Program (SHOCAP) is a multidisciplinary interagency case management and information sharing system which enables the juvenile and criminal justice system, schools, and social service agencies to make more informed decisions regarding juveniles who repeatedly commit serious criminal and delinquent acts. Each SHOCAP shall supervise serious or habitual juvenile offenders in the community as well as those under probation or parole supervision and enhance current conduct control, supervision and treatment efforts to provide a more coordinated public safety approach to serious juvenile crime, increase the opportunity for success with juvenile offenders and assist in the development of early intervention strategies.C\n\nAny county or city in the Commonwealth may by action of its governing body establish a SHOCAP committee. The committee shall consist of representatives from local law enforcement, schools, attorneys for the Commonwealth, juvenile court services, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice. Any county or city which establishes a SHOCAP committee shall, within 45 days of such action, notify the Department of Criminal Justice Services. The Department shall issue statewide SHOCAP guidelines and provide technical assistance to local jurisdictions on implementation of SHOCAP.D\n\nEach SHOCAP committee shall share among its members and with other SHOCAP committees otherwise confidential information on identified serious or habitual juvenile offenders. Every person, including members of the SHOCAP committee, who is to receive confidential information pursuant to this article shall maintain the confidentiality of that information.\n\t\t\tAll records and reports concerning serious or habitual juvenile offenders made available to members of a SHOCAP committee and all records and reports identifying an individual offender which are generated by the committee from such reports shall be confidential and shall not be disclosed, except as specifically authorized by this article or other applicable law. Disclosure of the information may be made to other staff from member agencies as authorized by the SHOCAP committee for the furtherance of case management, community supervision, conduct control and locating of the offender for the application and coordination of appropriate services. Staff from the member agencies who receive such information will be governed by the confidentiality provisions of this article. The staff from the member agencies who will qualify to have access to the SHOCAP information shall be limited to those individuals who provide direct services to the offender or who provide community conduct control and supervision to the offender.\n\t\t\tThe provisions of this article authorizing information sharing between and among SHOCAP committees shall take precedence over the provisions of (i) Article 12 (§ 16.1-299 et seq.) of Chapter 11 of this title governing dissemination of court and law-enforcement records concerning juveniles, (ii) Article 5 (§ 22.1-287 et seq.) of Chapter 14 of Title 22.1 governing access to pupil records, (iii) Title 37.2 and any regulations enacted pursuant thereto governing access to juvenile mental health records, and (iv) Title 63.2 and any regulations enacted pursuant thereto governing access to records concerning treatments or services provided to a juvenile.E\n\nIt shall be unlawful for any staff person from a member agency to disclose or to knowingly permit, assist or encourage the unauthorized release of any identifying information contained in any reports or records received or generated by a SHOCAP committee. A violation of this subsection shall be punishable as a Class 3 misdemeanor.","order_by":null,"text":{"0":{"id":289429,"text":"For purposes of this article, a serious or habitual juvenile offender is a minor who has been (i) adjudicated delinquent or convicted of murder or attempted murder, armed robbery, any felony sexual assault or malicious wounding, or a felony violation of a gang-related crime pursuant to Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4 of Title 18.2, or (ii) convicted at least three times for offenses which would be felonies or Class 1 misdemeanors if committed by an adult. Qualifying convictions or adjudications shall include only those for offenses occurring after July 1, 1993. However, any Serious or Habitual Offender Comprehensive Action Program (SHOCAP) in existence on July 1, 1993, shall be deemed to have been established pursuant to this article and, notwithstanding the limitations of this subsection, may continue to supervise persons who were being supervised on July 1, 1993. Juvenile offenders under SHOCAP supervision at the time of their eighteenth birthday who have been committed to state care pursuant to subdivision A 14 of § 16.1-278.8 or § 16.1-285.1 may continue to be supervised by SHOCAP until their twenty-first birthday.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289430,"text":"The Serious or Habitual Offender Comprehensive Action Program (SHOCAP) is a multidisciplinary interagency case management and information sharing system which enables the juvenile and criminal justice system, schools, and social service agencies to make more informed decisions regarding juveniles who repeatedly commit serious criminal and delinquent acts. Each SHOCAP shall supervise serious or habitual juvenile offenders in the community as well as those under probation or parole supervision and enhance current conduct control, supervision and treatment efforts to provide a more coordinated public safety approach to serious juvenile crime, increase the opportunity for success with juvenile offenders and assist in the development of early intervention strategies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289431,"text":"Any county or city in the Commonwealth may by action of its governing body establish a SHOCAP committee. The committee shall consist of representatives from local law enforcement, schools, attorneys for the Commonwealth, juvenile court services, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice. Any county or city which establishes a SHOCAP committee shall, within 45 days of such action, notify the Department of Criminal Justice Services. The Department shall issue statewide SHOCAP guidelines and provide technical assistance to local jurisdictions on implementation of SHOCAP.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":289432,"text":"Each SHOCAP committee shall share among its members and with other SHOCAP committees otherwise confidential information on identified serious or habitual juvenile offenders. Every person, including members of the SHOCAP committee, who is to receive confidential information pursuant to this article shall maintain the confidentiality of that information.\n\t\t\tAll records and reports concerning serious or habitual juvenile offenders made available to members of a SHOCAP committee and all records and reports identifying an individual offender which are generated by the committee from such reports shall be confidential and shall not be disclosed, except as specifically authorized by this article or other applicable law. Disclosure of the information may be made to other staff from member agencies as authorized by the SHOCAP committee for the furtherance of case management, community supervision, conduct control and locating of the offender for the application and coordination of appropriate services. Staff from the member agencies who receive such information will be governed by the confidentiality provisions of this article. The staff from the member agencies who will qualify to have access to the SHOCAP information shall be limited to those individuals who provide direct services to the offender or who provide community conduct control and supervision to the offender.\n\t\t\tThe provisions of this article authorizing information sharing between and among SHOCAP committees shall take precedence over the provisions of (i) Article 12 (§ 16.1-299 et seq.) of Chapter 11 of this title governing dissemination of court and law-enforcement records concerning juveniles, (ii) Article 5 (§ 22.1-287 et seq.) of Chapter 14 of Title 22.1 governing access to pupil records, (iii) Title 37.2 and any regulations enacted pursuant thereto governing access to juvenile mental health records, and (iv) Title 63.2 and any regulations enacted pursuant thereto governing access to records concerning treatments or services provided to a juvenile.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":289433,"text":"It shall be unlawful for any staff person from a member agency to disclose or to knowingly permit, assist or encourage the unauthorized release of any identifying information contained in any reports or records received or generated by a SHOCAP committee. A violation of this subsection shall be punishable as a Class 3 misdemeanor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16679,"edition_id":1,"name":"Serious or Habitual Offender Comprehensive Action Program","identifier":"14.1","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 04:32:15","date_modified":"2026-06-26 04:32:15","permalink":{"id":161217,"object_type":"structure","relational_id":16679,"identifier":"14.1","token":"16.1\/11\/14.1","url":"\/16.1\/11\/14.1\/","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":80744,"structure_id":16679,"section_number":"16.1-330.1","catch_line":"Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty","url":"\/16.1-330.1\/","token":"16.1\/11\/14.1\/16.1-330.1","metadata":false},{"id":74576,"structure_id":16679,"section_number":"16.1-330.2","catch_line":"Immunity","url":"\/16.1-330.2\/","token":"16.1\/11\/14.1\/16.1-330.2","metadata":false}],"next_section":{"id":74576,"structure_id":16679,"section_number":"16.1-330.2","catch_line":"Immunity","url":"\/16.1-330.2\/","token":"16.1\/11\/14.1\/16.1-330.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-330.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapters 465 and 927 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 1993 \u201cActs\u201d aren\u2019t available online. 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 1996, chapter 293<\/a>; in 1999, chapter 508<\/a>; in 2004, chapter 418<\/a>.<\/p>","references":false,"refers_to":[{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"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\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":86899,"section_number":"22.1-287","catch_line":"Limitations on access to records","order_by":null,"url":"\/22.1-287\/"}],"permalink":{"id":161219,"object_type":"law","relational_id":80744,"identifier":"16.1-330.1","token":"16.1\/11\/14.1\/16.1-330.1","url":"\/16.1-330.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-330.1\/","token":"16.1\/11\/14.1\/16.1-330.1","dublin_core":{"Title":"Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-330.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this article, a serious or habitual juvenile offender is a minor<\/span> who has been (i) adjudicated delinquent or convicted of murder<\/span> or attempted murder<\/span>, armed robbery<\/span>, any felony<\/span> sexual assault<\/span> or malicious<\/span> wounding, or a felony<\/span> violation of a gang-related crime<\/span> pursuant to Article 2.1 (§ 18.2-46.1<\/a> et seq.) of Chapter 4 of Title 18.2, or (ii) convicted at least three times for offenses<\/span> which would be felonies or Class 1 misdemeanors<\/span> if committed by an adult<\/span>. Qualifying convictions<\/span> or adjudications shall include only those for offenses<\/span> occurring after July 1, 1993. However, any Serious or Habitual Offender Comprehensive Action Program (SHOCAP) in existence on July 1, 1993, shall be deemed to have been established pursuant to this article and, notwithstanding the limitations of this subsection, may continue to supervise persons who were being supervised on July 1, 1993. Juvenile offenders under SHOCAP supervision at the time of their eighteenth birthday who have been committed to state care pursuant to subdivision A 14 of § 16.1-278.8<\/a> or § 16.1-285.1<\/a> may continue to be supervised by SHOCAP until their twenty-first birthday. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Serious or Habitual Offender Comprehensive Action Program (SHOCAP) is a multidisciplinary interagency case management and information sharing system which enables the juvenile and criminal justice system, schools, and social service agencies to make more informed decisions regarding juveniles who repeatedly commit serious criminal and delinquent acts<\/span>. Each SHOCAP shall supervise serious or habitual juvenile offenders in the community as well as those under probation<\/span> or parole<\/span> supervision and enhance current conduct control, supervision and treatment efforts to provide a more coordinated public safety approach to serious juvenile crime<\/span>, increase the opportunity for success with juvenile offenders and assist in the development of early intervention strategies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any county or city in the Commonwealth may by action of its governing body establish a SHOCAP committee. The committee shall consist of representatives from local law<\/span> enforcement, schools, attorneys for the Commonwealth, juvenile court<\/span> services, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department<\/span> of Juvenile Justice. Any county or city which establishes a SHOCAP committee shall, within 45 days of such action, notify the Department<\/span> of Criminal Justice Services. The Department<\/span> shall issue<\/span> statewide SHOCAP guidelines and provide technical assistance to local jurisdictions<\/span> on implementation of SHOCAP. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each SHOCAP committee shall share among its members and with other SHOCAP committees otherwise confidential information on identified serious or habitual juvenile offenders. Every person, including members of the SHOCAP committee, who is to receive confidential information pursuant to this article shall maintain the confidentiality of that information.\n\t\t\tAll records and reports concerning serious or habitual juvenile offenders made available to members of a SHOCAP committee and all records and reports identifying an individual offender which are generated by the committee from such reports shall be confidential and shall not be disclosed, except as specifically authorized by this article or other applicable law<\/span>. Disclosure of the information may be made to other staff from member agencies as authorized by the SHOCAP committee for the furtherance of case management, community supervision, conduct control and locating of the offender for the application and coordination of appropriate services. Staff from the member agencies who receive such information will be governed by the confidentiality provisions of this article. The staff from the member agencies who will qualify to have access to the SHOCAP information shall be limited to those individuals who provide direct services to the offender or who provide community conduct control and supervision to the offender.\n\t\t\tThe provisions of this article authorizing information sharing between and among SHOCAP committees shall take precedence over the provisions of (i) Article 12 (§ 16.1-299<\/a> et seq.) of Chapter 11 of this title governing dissemination of court and law<\/span>-enforcement records concerning juveniles, (ii) Article 5 (§ 22.1-287<\/a> et seq.) of Chapter 14 of Title 22.1 governing access to pupil records, (iii) Title 37.2 and any regulations enacted pursuant thereto governing access to juvenile mental health records, and (iv) Title 63.2 and any regulations enacted pursuant thereto governing access to records concerning treatments or services provided to a juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> It shall be unlawful for any staff person from a member agency to disclose or to knowingly permit, assist or encourage the unauthorized release of any identifying information contained in any reports or records received or generated by a SHOCAP committee. A violation of this subsection shall be punishable as a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERIOUS OR HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM; DEFINITION;\nDISCLOSURE OF INFORMATION; PENALTY (\u00a7 16.1-330.1)\n\nA. For purposes of this article, a serious or habitual juvenile offender is a\nminor who has been (i) adjudicated delinquent or convicted of murder or\nattempted murder, armed robbery, any felony sexual assault or malicious\nwounding, or a felony violation of a gang-related crime pursuant to Article 2.1\n(§ 18.2-46.1 et seq.) of Chapter 4 of Title 18.2, or (ii) convicted at\nleast three times for offenses which would be felonies or Class 1 misdemeanors\nif committed by an adult. Qualifying convictions or adjudications shall include\nonly those for offenses occurring after July 1, 1993. However, any Serious or\nHabitual Offender Comprehensive Action Program (SHOCAP) in existence on July 1,\n1993, shall be deemed to have been established pursuant to this article and,\nnotwithstanding the limitations of this subsection, may continue to supervise\npersons who were being supervised on July 1, 1993. Juvenile offenders under\nSHOCAP supervision at the time of their eighteenth birthday who have been\ncommitted to state care pursuant to subdivision A 14 of § 16.1-278.8 or\n§ 16.1-285.1 may continue to be supervised by SHOCAP until their\ntwenty-first birthday.\n\nB. The Serious or Habitual Offender Comprehensive Action Program (SHOCAP) is a\nmultidisciplinary interagency case management and information sharing system\nwhich enables the juvenile and criminal justice system, schools, and social\nservice agencies to make more informed decisions regarding juveniles who\nrepeatedly commit serious criminal and delinquent acts. Each SHOCAP shall\nsupervise serious or habitual juvenile offenders in the community as well as\nthose under probation or parole supervision and enhance current conduct control,\nsupervision and treatment efforts to provide a more coordinated public safety\napproach to serious juvenile crime, increase the opportunity for success with\njuvenile offenders and assist in the development of early intervention\nstrategies.\n\nC. Any county or city in the Commonwealth may by action of its governing body\nestablish a SHOCAP committee. The committee shall consist of representatives\nfrom local law enforcement, schools, attorneys for the Commonwealth, juvenile\ncourt services, juvenile detention centers or group homes, mental and medical\nhealth agencies, state and local children and family service agencies, and the\nDepartment of Juvenile Justice. Any county or city which establishes a SHOCAP\ncommittee shall, within 45 days of such action, notify the Department of\nCriminal Justice Services. The Department shall issue statewide SHOCAP\nguidelines and provide technical assistance to local jurisdictions on\nimplementation of SHOCAP.\n\nD. Each SHOCAP committee shall share among its members and with other SHOCAP\ncommittees otherwise confidential information on identified serious or habitual\njuvenile offenders. Every person, including members of the SHOCAP committee, who\nis to receive confidential information pursuant to this article shall maintain\nthe confidentiality of that information.\n\t\t\tAll records and reports concerning serious or habitual juvenile offenders\nmade available to members of a SHOCAP committee and all records and reports\nidentifying an individual offender which are generated by the committee from\nsuch reports shall be confidential and shall not be disclosed, except as\nspecifically authorized by this article or other applicable law. Disclosure of\nthe information may be made to other staff from member agencies as authorized by\nthe SHOCAP committee for the furtherance of case management, community\nsupervision, conduct control and locating of the offender for the application\nand coordination of appropriate services. Staff from the member agencies who\nreceive such information will be governed by the confidentiality provisions of\nthis article. The staff from the member agencies who will qualify to have access\nto the SHOCAP information shall be limited to those individuals who provide\ndirect services to the offender or who provide community conduct control and\nsupervision to the offender.\n\t\t\tThe provisions of this article authorizing information sharing between and\namong SHOCAP committees shall take precedence over the provisions of (i) Article\n12 (§ 16.1-299 et seq.) of Chapter 11 of this title governing dissemination\nof court and law-enforcement records concerning juveniles, (ii) Article 5\n(§ 22.1-287 et seq.) of Chapter 14 of Title 22.1 governing access to pupil\nrecords, (iii) Title 37.2 and any regulations enacted pursuant thereto governing\naccess to juvenile mental health records, and (iv) Title 63.2 and any\nregulations enacted pursuant thereto governing access to records concerning\ntreatments or services provided to a juvenile.\n\nE. It shall be unlawful for any staff person from a member agency to disclose or\nto knowingly permit, assist or encourage the unauthorized release of any\nidentifying information contained in any reports or records received or\ngenerated by a SHOCAP committee. A violation of this subsection shall be\npunishable as a Class 3 misdemeanor.\n\nHISTORY: 1993, cc. 465, 927; 1996, c. 293; 1999, c. 508; 2004, c. 418.","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}}