                                 CODE OF VIRGINIA

REVOCATION OR MODIFICATION OF PROBATION, PROTECTIVE SUPERVISION OR PAROLE;
PROCEEDINGS; DISPOSITION (§ 16.1-291)

A. A juvenile or person who violates an order of the juvenile court entered into
pursuant to &#xA7;&#xA7; 16.1-278.2 through 16.1-278.10 or &#xA7; 16.1-284, who
violates the conditions of his probation granted pursuant to &#xA7; 16.1-278.5
or 16.1-278.8, or who violates the conditions of his parole granted pursuant to
&#xA7; 16.1-285, 16.1-285.1 or 16.1-293, may be proceeded against for a
revocation or modification of such order or parole status. A proceeding to
revoke or modify probation, protective supervision or parole shall be commenced
by the filing of a petition. Except as otherwise provided, such petitions shall
be screened, reviewed and prepared in the same manner and shall contain the same
information as provided in &#xA7;&#xA7; 16.1-260 and 16.1-262. The petition
shall recite the date that the juvenile or person was placed on probation, under
protective supervision or on parole and shall state the time and manner in which
notice of the terms of probation, protective supervision or parole were given.

B. If a juvenile or person is found to have violated a prior order of the court
or the terms of probation or parole, the court may, in accordance with the
provisions of &#xA7;&#xA7; 16.1-278.2 through 16.1-278.10, upon a revocation or
modification hearing, modify or extend the terms of the order of probation or
parole, including termination of probation or parole. However, notwithstanding
the contempt power of the court as provided in &#xA7; 16.1-292, the court shall
be limited in the actions it may take to those that the court may have taken at
the time of the court&#8217;s original disposition pursuant to &#xA7;&#xA7;
16.1-278.2 through 16.1-278.10, except as hereinafter provided.

C. In the event that a child in need of supervision is found to have willfully
and materially violated an order of the court or the terms of his probation
granted pursuant to § 16.1-278.5, in addition to or in lieu of the dispositions
specified in that section, the court may enter any of the following orders of
disposition:

   1. Suspend the child&#8217;s driver&#8217;s license upon terms and conditions
   which may include the issuance of a restricted license for those purposes set
   forth in subsection E of &#xA7; 18.2-271.1; or

   2. Order any such child fourteen years of age or older to be (i) placed in a
   foster home, group home or other nonsecure residential facility, or, (ii) if
   the court finds that such placement is not likely to meet the child&#8217;s
   needs, that all other treatment options in the community have been exhausted,
   and that secure placement is necessary in order to meet the child&#8217;s
   service needs, detained in a secure facility for a period of time not to
   exceed ten consecutive days for violation of any order of the court or
   violation of probation arising out of the same petition. The court shall state
   in its order for detention the basis for all findings required by this
   section. When any child is detained in a secure facility pursuant to this
   section, the court shall direct the agency evaluating the child pursuant to
   &#xA7; 16.1-278.5 to reconvene the interdisciplinary team participating in
   such evaluation, develop further treatment plans as may be appropriate and
   submit its report to the court of its determination as to further treatment
   efforts either during or following the period the child is in secure
   detention. A child may only be detained pursuant to this section in a
   detention home or other secure facility in compliance with standards
   established by the State Board. Any order issued pursuant to this subsection
   is a final order and is appealable as provided by law.

D. Nothing in this section shall be construed to reclassify a child in need of
supervision as a delinquent.

E. If a person adjudicated delinquent and found to have violated an order of the
court or the terms of his probation or parole was a juvenile at the time of the
original offense and is eighteen years of age or older when the court enters
disposition for violation of the order of the court or the terms of his
probation or parole, the dispositional alternative specified in &#xA7; 16.1-284
shall be available to the court.

HISTORY: Code 1950, § 16.1-188; 1956, c. 555; 1977, c. 559; 1991, c. 534; 1992,
c. 90; 2001, c. 853; 2016, c. 626.