                                 CODE OF VIRGINIA

ADMISSIBILITY OF STATEMENT; INVESTIGATION AND REPORT; BAIL (§ 16.1-269.2)

A. Statements made by the juvenile at the transfer hearing provided for under
&#xA7; 16.1-269.1 shall not be admissible against him over objection in any
criminal proceedings following the transfer, except for purposes of impeachment.

B. Prior to a transfer hearing pursuant to subsection A of &#xA7; 16.1-269.1 or
a preliminary hearing pursuant to subsection C of &#xA7; 16.1-269.1, a study and
report to the court, in writing, relevant to the factors set out in subdivision
A 4 of &#xA7; 16.1-269.1, as well as an assessment of any affiliation with a
criminal street gang as defined in &#xA7; 18.2-46.1, shall be made by the
probation services or other qualified agency designated by the court. Such
report shall include any relevant information supporting an allegation that the
juvenile was a victim of felonious criminal sexual assault in violation of
Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in
violation of Article 3 (&#xA7; 18.2-344 et seq.) of Chapter 8 of Title 18.2 by
the alleged victim. It is the intent of the General Assembly that these
juveniles be viewed as victims and provided treatment and services in the
juvenile system. Upon motion of the attorney for the Commonwealth for a transfer
hearing pursuant to subsection A of &#xA7; 16.1-269.1, the attorney for the
Commonwealth shall provide notice to the designated probation services or other
qualified agency of the need for a transfer report. Counsel for the juvenile and
the attorney for the Commonwealth shall have full access to the study and report
and any other report or data concerning the juvenile which are available to the
court. The court shall not consider the report until a finding has been made
concerning probable cause. If the court so orders, the study and report may be
expanded to include matters provided for in &#xA7; 16.1-273, whereupon it may
also serve as the report required by this subsection, but on the condition that
it will not be submitted to the judge who will preside at any subsequent
hearings except as provided for by law.

C. After the completion of the hearing, whether or not the juvenile court
decides to retain jurisdiction over the juvenile or transfer such juvenile for
criminal proceedings in the circuit court, the juvenile court shall set bail for
the juvenile in accordance with Chapter 9 (&#xA7; 19.2-119 et seq.) of Title
19.2, if bail has not already been set.

HISTORY: 1994, cc. 859, 949; 1999, c. 350; 2005, cc. 590, 843; 2020, cc. 987,
988; 2024, c. 365.