                                 CODE OF VIRGINIA

PLACES OF CONFINEMENT FOR JUVENILES (§ 16.1-249)

A. If it is ordered that a juvenile remain in detention or shelter care pursuant
to § 16.1-248.1, such juvenile may be detained, pending a court hearing, in the
following places:

   1. An approved foster home or a home otherwise authorized by law to provide
   such care;

   2. A facility operated by a licensed child welfare agency;

   3. If a juvenile is alleged to be delinquent, a detention home or group home
   approved by the Department;

   4. Any other suitable place designated by the court and approved by the
   Department;

   5. To the extent permitted by federal law, a separate juvenile detention
   facility located upon the site of an adult regional jail facility established
   by any county, city or any combination thereof constructed after 1994,
   approved by the Department of Juvenile Justice and certified by the Board of
   Juvenile Justice for the holding and detention of juveniles.
   				A juvenile younger than 11 years of age who is alleged to have committed
   one or more of the delinquent acts enumerated in subsection B or C of &#xA7;
   16.1-269.1 and who is ordered to remain in detention or shelter care pursuant
   to &#xA7; 16.1-248.1 pending a court hearing may only be detained in a place
   described in subdivision 1, 2, or 4, but under no circumstances shall such
   juvenile be detained pursuant to this section in a secure detention facility.

B. No juvenile shall be detained or confined in any jail or other facility for
the detention of adult offenders or persons charged with crime except as
provided in subsection D, E, F or G.

C. The official in charge of a jail or other facility for the detention of adult
offenders or persons charged with crime shall inform the court immediately when
a juvenile who is or appears to be under the age of 18 years is received at the
facility, and shall deliver him to the court upon request, or transfer him to a
detention facility designated by the court.

D. When a case is transferred to the circuit court in accordance with the
provisions of subsection A of &#xA7; 16.1-269.1 and an order is entered by the
circuit court in accordance with &#xA7; 16.1-269.6, or in accordance with the
provisions of &#xA7; 16.1-270 where the juvenile has waived the jurisdiction of
the district court, or when the district court has certified a charge to the
grand jury pursuant to subsection B or C of &#xA7; 16.1-269.1, the juvenile, if
in confinement, shall be placed in a juvenile secure facility, unless the court
determines that the juvenile is a threat to the security or safety of the other
juveniles detained or the staff of the facility, in which case the court may
transfer the juvenile to a jail or other facility for the detention of adults,
provided that the facility is approved by the State Board of Local and Regional
Jails for the detention of juveniles.

E. If, in the judgment of the custodian, a juvenile has demonstrated that he is
a threat to the security or safety of the other juveniles detained or the staff
of the home or facility, the judge shall determine whether such juvenile should
be transferred to another juvenile facility or, if the child is 14 years of age
or older, a jail or other facility for the detention of adults, provided that
(i) the detention is in a room or ward entirely separate and removed from
adults, (ii) adequate supervision is provided, and (iii) the facility is
approved by the State Board of Local and Regional Jails for detention of
juveniles.

F. If, in the judgment of the custodian, it has been demonstrated that the
presence of a juvenile in a facility creates a threat to the security or safety
of the other juveniles detained or the staff of the home or facility, the
custodian may transfer the juvenile to another juvenile facility, or, if the
child is 14 years of age or older, a jail or other facility for the detention of
adults pursuant to the limitations of clauses (i), (ii) and (iii) of subsection
E for a period not to exceed six hours prior to a court hearing and an
additional six hours after the court hearing unless a longer period is ordered
pursuant to subsection E.

G. If a juvenile 14 years of age or older is charged with an offense which, if
committed by an adult, would be a felony or Class 1 misdemeanor, and the judge
or intake officer determines that secure detention is needed for the safety of
the juvenile or the community, such juvenile may be detained for a period not to
exceed six hours prior to a court hearing and six hours after the court hearing
in a temporary lock-up room or ward for juveniles while arrangements are
completed to transfer the juvenile to a juvenile facility. Such room or ward may
be located in a building which also contains a jail or other facility for the
detention of adults, provided that (i) such room or ward is totally separate and
removed from adults or juveniles transferred to the circuit court pursuant to
Article 7 (&#xA7; 16.1-269.1 et seq.), (ii) constant supervision is provided,
and (iii) the facility is approved by the State Board of Local and Regional
Jails for the detention of juveniles. The State Board of Local and Regional
Jails is authorized and directed to prescribe minimum standards for temporary
lock-up rooms and wards based on the requirements set out in this subsection.

G1. Any juvenile who has been ordered detained in a secure detention facility
pursuant to &#xA7; 16.1-248.1 may be held incident to a court hearing (i) in a
court holding cell for a period not to exceed six hours, provided that the
juvenile is entirely separate and removed from detained adults, or (ii) in a
nonsecure area, provided that constant supervision is provided.

H. If a judge, intake officer or magistrate orders the predispositional
detention of persons 18 years of age or older, such detention shall be in an
adult facility; however, if the predispositional detention is ordered for a
violation of the terms and conditions of release from a juvenile correctional
center, the judge, intake officer or magistrate may order such detention be in a
juvenile facility.

I. The Departments of Corrections, Juvenile Justice and Criminal Justice
Services shall assist the localities or combinations thereof in implementing
this section and ensuring compliance herewith.

HISTORY: 1977, c. 559; 1979, c. 655; 1983, c. 336; 1985, c. 260; 1988, c. 886;
1989, c. 557; 1993, c. 435; 1994, cc. 859, 904, 949; 1995, cc. 746, 748, 798,
802; 1996, cc. 755, 914; 1998, cc. 576, 830; 2002, c. 558; 2004, cc. 415, 439;
2010, c. 739; 2018, cc. 36, 73; 2020, c. 759; 2021, Sp. Sess. I, c. 115.