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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>62499</law_id><section_number>16.1-293</section_number><catch_line>Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-228</reference><reference>16.1-291</reference><reference>22.1-288.2</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juvenile and Domestic Relations District Courts</unit><unit label="article" level="3" order_by="1" identifier="10">Probation and Parole</unit></structure><text>
						<section><p>At such time as <span class="dictionary">the court</span> commits a juvenile to the <span class="dictionary">Department</span>, the juvenile and domestic relations district court service unit shall maintain contact with the juvenile during the juvenile&#x2019;s commitment.
		If a person is placed on <span class="dictionary">parole</span> supervision following that person&#x2019;s release from commitment to the <span class="dictionary">Department</span>, <span class="dictionary">the court</span> services unit providing <span class="dictionary">parole</span> supervision shall furnish the person a written statement of the conditions of his <span class="dictionary">parole</span> and shall instruct him regarding the same. The conditions of the reenrollment plan may be included in the conditions of <span class="dictionary">parole</span>. Violations of <span class="dictionary">parole</span> shall be heard by <span class="dictionary">the court</span> pursuant to &#xA7;&#xA0;<a class="law" title="Revocation or modification of probation, protective supervision or parole; proceedings; disposition" href="/16.1-291/">16.1-291</a>. If the <span class="dictionary">parole</span> supervision is for an indeterminate period of time, the <span class="dictionary">director</span> of the supervising court services unit may approve termination of <span class="dictionary">parole</span> supervision.
		The <span class="dictionary">Department</span> shall notify the school division superintendent in the locality where the person was enrolled of his commitment to a facility. <span class="dictionary">The court</span> services unit shall, in consultation with the local school division, the <span class="dictionary">Department</span>&#x2019;s Division of Education and the juvenile correctional counselor, develop a reenrollment plan if the person is of compulsory school attendance age or is eligible for special education services pursuant to &#xA7;&#xA0;<a class="law" title="Definitions" href="/22.1-213/">22.1-213</a>. The reenrollment plan shall be in accordance with regulations adopted by the Board of Education pursuant to &#xA7;&#xA0;<a class="law" title="Regulations for reenrollment" href="/22.1-17.1/">22.1-17.1</a>. The superintendent shall provide the person&#x2019;s scholastic records, as defined in &#xA7;&#xA0;<a class="law" title="Transfer and management of scholastic records; disclosure of information in court notices; penalty" href="/22.1-289/">22.1-289</a>, and the terms and conditions of any expulsion which was in effect at the time of commitment or which will be in effect upon release. A court may not <span class="dictionary">order</span> a local school board to reenroll a person who has been expelled in accordance with the procedures set forth in &#xA7;&#xA0;<a class="law" title="Expulsions; procedures; readmission" href="/22.1-277.06/">22.1-277.06</a>. At least 14 days prior to the person&#x2019;s scheduled release, the <span class="dictionary">Department</span> shall notify the school division superintendent in the locality where the person will reside.
		In the event it is determined by the juvenile and domestic relations district court that a person may benefit from placement in the halfway house program operated by the <span class="dictionary">Department</span>, the person may be referred for care and treatment to a halfway house. Persons so placed in a halfway house shall remain in <span class="dictionary">parole</span> status and cannot be transferred or otherwise placed in another institutional setting or institutional placement operated by the <span class="dictionary">Department</span> except as elsewhere provided by <span class="dictionary">law</span> for those persons who have violated their <span class="dictionary">parole</span> status.
		In the event that the person was in the <span class="dictionary">custody</span> of the local <span class="dictionary">department</span> of social services immediately prior to his commitment to the <span class="dictionary">Department</span> and has not attained the age of 18 years, the local <span class="dictionary">department</span> of social services shall resume <span class="dictionary">custody</span> upon the person&#x2019;s release from commitment, unless an alternative arrangement for the <span class="dictionary">custody</span> of the person has been made and communicated in writing to the <span class="dictionary">Department</span>. At least 90 days prior to the person&#x2019;s release from commitment on <span class="dictionary">parole</span> supervision, (i) <span class="dictionary">the court</span> services unit shall consult with the local <span class="dictionary">department</span> of social services concerning return of the person to the locality and the placement of the person and (ii) the local <span class="dictionary">department</span> of social services and <span class="dictionary">the court</span> services unit shall collaborate to develop a plan that prepares the person for successful transition from the <span class="dictionary">Department</span>&#x2019;s commitment to the <span class="dictionary">custody</span> of the local <span class="dictionary">department</span> of social services or to an alternative <span class="dictionary">custody</span> arrangement if applicable. The plan shall identify the services necessary for such transition and how the services are to be provided. <span class="dictionary">The court</span> services unit will be responsible for supervising the person&#x2019;s terms and conditions of <span class="dictionary">parole</span>.
		In the event that the person was in the <span class="dictionary">custody</span> of the local <span class="dictionary">department</span> of social services immediately prior to his commitment to the <span class="dictionary">Department</span>, is between 18 and 21 years of age, provides written notice of his <span class="dictionary">intent</span> to receive <span class="dictionary">independent living services</span> to the local <span class="dictionary">department</span> of social services, and enters into a written agreement with the local <span class="dictionary">department</span> of social services as set forth in &#xA7;&#xA0;<a class="law" title="Independent living services" href="/63.2-905.1/">63.2-905.1</a>, the person shall be eligible to receive <span class="dictionary">independent living services</span> from the local <span class="dictionary">department</span> or a child-placing agency pursuant to &#xA7;&#xA0;<a class="law" title="Independent living services" href="/63.2-905.1/">63.2-905.1</a>. At least 90 days prior to the person&#x2019;s release from commitment on <span class="dictionary">parole</span> supervision, (i) <span class="dictionary">the court</span> services unit shall inform the person of the availability of <span class="dictionary">independent living services</span> and shall consult with the local <span class="dictionary">department</span> of social services concerning return of the person to the locality and living arrangements for the person and (ii) the local <span class="dictionary">department</span> of social services and <span class="dictionary">the court</span> services unit shall work collaboratively to develop a plan for the successful transition of the person from the <span class="dictionary">custody</span> of the <span class="dictionary">Department</span> to independent living, which shall identify the services necessary to facilitate the person&#x2019;s transition to independent living and describe how the necessary services shall be provided.
		In all cases in which a person who is in the <span class="dictionary">custody</span> of the local <span class="dictionary">department</span> of social services is committed to the <span class="dictionary">Department</span>, the local <span class="dictionary">department</span> of social services and the <span class="dictionary">Department</span> shall work cooperatively through the duration of the person&#x2019;s commitment to ensure communication of information regarding the status of the person and to facilitate transition planning for the person prior to his release.</p></section></text><history>Code 1950, &#xA7; 16.1-210; 1956, c. 555; 1962, c. 628; 1972, cc. 73, 708; 1973, cc. 440, 546; 1977, c. 559; 1980, c. 217; 1981, c. 487; 1985, c. 203; 1988, c. 453; 1996, cc. 755, 914, 916, 1000; 2001, cc. 688, 820, 853; 2010, c. 742; 2011, cc. 39, 442; 2012, cc. 803, 835; 2013, cc. 362, 564.</history><metadata></metadata></law>
