                                 CODE OF VIRGINIA

CRITERIA FOR DETENTION OR SHELTER CARE (§ 16.1-248.1)

A. A juvenile taken into custody whose case is considered by a judge, intake
officer or magistrate pursuant to § 16.1-247 shall immediately be released,
upon the ascertainment of the necessary facts, to the care, custody and control
of such juvenile&#8217;s parent, guardian, custodian or other suitable person
able and willing to provide supervision and care for such juvenile, either on
bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2
or under such conditions as may be imposed or otherwise. However, at any time
prior to an order of final disposition, a juvenile may be detained in a secure
facility, pursuant to a detention order or warrant, only upon a finding by the
judge, intake officer, or magistrate, that there is probable cause to believe
that the juvenile committed the act alleged, and that at least one of the
following conditions is met:

   1. The juvenile is alleged to have (a) violated the terms of his probation or
   parole when the charge for which he was placed on probation or parole would
   have been a felony or Class 1 misdemeanor if committed by an adult; (b)
   committed an act that would be a felony or Class 1 misdemeanor if committed by
   an adult; or (c) violated any of the provisions of &#xA7; 18.2-308.7, and
   there is clear and convincing evidence that:
   				a. Considering the seriousness of the current offense or offenses and
   other pending charges, the seriousness of prior adjudicated offenses, the
   legal status of the juvenile and any aggravating and mitigating circumstances,
   the liberty of the juvenile, constitutes a clear and substantial threat to the
   person or property of others;
   				b. The liberty of the juvenile would present a clear and substantial
   threat of serious harm to such juvenile&#8217;s life or health; or
   				c. The juvenile has threatened to abscond from the court&#8217;s
   jurisdiction during the pendency of the instant proceedings or has a record of
   willful failure to appear at a court hearing within the immediately preceding
   12 months.

   2. The juvenile has absconded from a detention home or facility where he has
   been directed to remain by the lawful order of a judge or intake officer.

   3. The juvenile is a fugitive from a jurisdiction outside the Commonwealth and
   subject to a verified petition or warrant, in which case such juvenile may be
   detained for a period not to exceed that provided for in &#xA7; 16.1-323 while
   arrangements are made to return the juvenile to the lawful custody of a
   parent, guardian or other authority in another state.

   4. The juvenile has failed to appear in court after having been duly served
   with a summons in any case in which it is alleged that the juvenile has
   committed a delinquent act or that the child is in need of services or is in
   need of supervision; however, a child alleged to be in need of services or in
   need of supervision may be detained for good cause pursuant to this subsection
   only until the next day upon which the court sits within the county or city in
   which the charge against the child is pending, and under no circumstances
   longer than 72 hours from the time he was taken into custody. If the 72-hour
   period expires on a Saturday, Sunday, legal holiday or day on which the court
   is lawfully closed, the 72 hours shall be extended to the next day that is not
   a Saturday, Sunday, legal holiday or day on which the court is lawfully
   closed.

   5. The juvenile failed to adhere to the conditions imposed upon him by the
   court, intake officer or magistrate following his release upon a Class 1
   misdemeanor charge or a felony charge.
   				However, no juvenile younger than 11 years of age shall be placed in
   secure detention unless such juvenile is alleged to have committed one or more
   of the delinquent acts enumerated in subsection B or C of &#xA7; 16.1-269.1.
   				When a juvenile is placed in secure detention, the detention order shall
   state the offense for which the juvenile is being detained, and, to the extent
   practicable, other pending and previous charges.

B. Any juvenile not meeting the criteria for placement in a secure facility
shall be released to a parent, guardian or other person willing and able to
provide supervision and care under such conditions as the judge, intake officer
or magistrate may impose. However, a juvenile may be placed in shelter care if:

   1. The juvenile is eligible for placement in a secure facility;

   2. The juvenile has failed to adhere to the directions of the court, intake
   officer or magistrate while on conditional release;

   3. The juvenile&#8217;s parent, guardian or other person able to provide
   supervision cannot be reached within a reasonable time;

   4. The juvenile does not consent to return home;

   5. Neither the juvenile&#8217;s parent or guardian nor any other person able
   to provide proper supervision can arrive to assume custody within a reasonable
   time; or

   6. The juvenile&#8217;s parent or guardian refuses to permit the juvenile to
   return home and no relative or other person willing and able to provide proper
   supervision and care can be located within a reasonable time.

C. When a juvenile is detained in a secure facility, the juvenile&#8217;s
probation officer may review such placement for the purpose of seeking a less
restrictive alternative to confinement in that secure facility.

D. The criteria for continuing the juvenile in detention or shelter care as set
forth in this section shall govern the decisions of all persons involved in
determining whether the continued detention or shelter care is warranted pending
court disposition. Such criteria shall be supported by clear and convincing
evidence in support of the decision not to release the juvenile.

E. Nothing in this section shall be construed to deprive the court of its power
to punish a juvenile summarily for contempt for acts set forth in &#xA7;
18.2-456, other than acts of disobedience of the court&#8217;s dispositional
order which are committed outside the presence of the court.

F. A detention order may be issued pursuant to subdivision A 2 by the committing
court or by the court in the jurisdiction from which the juvenile fled or where
he was taken into custody.

G. The court is authorized to detain a juvenile based upon the criteria set
forth in subsection A at any time after a delinquency petition has been filed,
both prior to adjudication and after adjudication pending final disposition
subject to the time limitations set forth in &#xA7; 16.1-277.1.

H. If the intake officer or magistrate releases the juvenile, either on bail or
recognizance or under such conditions as may be imposed, no motion to revoke
bail, or change such conditions may be made unless (i) the juvenile has violated
a term or condition of his release, or is convicted of or taken into custody for
an additional offense, or (ii) the attorney for the Commonwealth presents
evidence that incorrect or incomplete information regarding the factors in
subsection A was relied upon by the intake officer or magistrate establishing
the initial terms of release. If the juvenile court releases the juvenile,
either on bail or recognizance or under such conditions as may be imposed, over
the objection of the attorney for the Commonwealth, the attorney for the
Commonwealth may appeal such decision to the circuit court. The order of the
juvenile court releasing the juvenile shall remain in effect until the circuit
court, Court of Appeals or Supreme Court rules otherwise.

HISTORY: 1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632;
1989, c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837;
2002, cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683;
2011, c. 644; 2021, Sp. Sess. I, c. 115.