                                 CODE OF VIRGINIA

EXCEPTION AS TO CONFIDENTIALITY (§ 16.1-309.1)

A. Notwithstanding any other provision of this article, where consideration of
public interest requires, the judge shall make available to the public the name
and address of a juvenile and the nature of the offense for which a juvenile has
been adjudicated delinquent (i) for an act which would be a Class 1, 2, or 3
felony, forcible rape, robbery or burglary or a related offense as set out in
Article 2 (&#xA7; 18.2-89 et seq.) of Chapter 5 of Title 18.2 if committed by an
adult or (ii) in any case where a juvenile is sentenced as an adult in circuit
court.

B. 1. a. At any time prior to disposition, if a juvenile charged with a
delinquent act which would constitute a felony if committed by an adult, or held
in custody by a law-enforcement officer, or held in a secure facility pursuant
to such charge becomes a fugitive from justice, the attorney for the
Commonwealth or, upon notice to the Commonwealth&#8217;s attorney, the
Department of Juvenile Justice or a locally operated court services unit, may,
with notice to the juvenile&#8217;s attorney of record, petition the court
having jurisdiction of the offense to authorize public release of the
juvenile&#8217;s name, age, physical description and photograph, the charge for
which he is sought or for which he was adjudicated and any other information
which may expedite his apprehension. Upon a showing that the juvenile is a
fugitive and for good cause, the court shall order release of this information
to the public. If a juvenile charged with a delinquent act that would constitute
a felony if committed by an adult, or held in custody by a law-enforcement
officer, or held in a secure facility pursuant to such charge becomes a fugitive
from justice at a time when the court is not in session, the
Commonwealth&#8217;s attorney, the Department of Juvenile Justice, or a locally
operated court services unit may, with notice to the juvenile&#8217;s attorney
of record, authorize the public release of the juvenile&#8217;s name, age,
physical description and photograph, the charge for which he is sought, and any
other information which may expedite his apprehension.
			b. At any time prior to disposition, if a juvenile charged with a delinquent
act which would constitute a misdemeanor if committed by an adult, or held in
custody by a law-enforcement officer, or held in a secure facility pursuant to
such charge becomes a fugitive from justice, the attorney for the Commonwealth
may, with notice to the juvenile&#8217;s attorney of record, petition the court
having jurisdiction of the offense to authorize public release of the
juvenile&#8217;s name, age, physical description and photograph, the charge for
which he is sought or for which he was adjudicated and any other information
which may expedite his apprehension. Upon a showing that the juvenile is a
fugitive and for good cause, the court shall order release of this information
to the public. If a juvenile charged with a delinquent act that would constitute
a misdemeanor if committed by an adult, or held in custody by a law-enforcement
officer, or held in a secure facility pursuant to such charge becomes a fugitive
from justice at a time when the court is not in session, the attorney for the
Commonwealth may, with notice to the juvenile&#8217;s attorney of record,
authorize the public release of the juvenile&#8217;s name, age, physical
description and photograph, the charge for which he is sought, and any other
information which may expedite his apprehension.

   2. After final disposition, if a juvenile (i) found to have committed a
   delinquent act becomes a fugitive from justice or (ii) who has been committed
   to the Department of Juvenile Justice pursuant to subdivision A 14 of &#xA7;
   16.1-278.8 or &#xA7; 16.1-285.1 becomes a fugitive from justice by escaping
   from a facility operated by or under contract with the Department or from the
   custody of any employee of such facility, the Department may release to the
   public the juvenile&#8217;s name, age, physical description and photograph,
   the charge for which he is sought or for which he was committed, and any other
   information which may expedite his apprehension. The Department shall promptly
   notify the attorney for the Commonwealth of the jurisdiction in which the
   juvenile was tried whenever information is released pursuant to this
   subdivision. If a juvenile specified in clause (i) being held after
   disposition in a secure facility not operated by or under contract with the
   Department becomes a fugitive by such escape, the attorney for the
   Commonwealth of the locality in which the facility is located may release the
   information as provided in this subdivision.

C. Whenever a juvenile 14 years of age or older is charged with a delinquent act
that would be a criminal violation of Article 2 (&#xA7; 18.2-38 et seq.) of
Chapter 4 of Title 18.2, a felony involving a weapon, a felony violation of
Article 1 (&#xA7; 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an &#8220;act
of violence&#8221; as defined in subsection A of &#xA7; 19.2-297.1 if committed
by an adult, the judge may, where consideration of the public interest requires,
make the juvenile&#8217;s name and address available to the public.

D. Upon the request of a victim of a delinquent act that would be a felony or
that would be a misdemeanor violation of &#xA7; 16.1-253.2, 18.2-57, 18.2-57.2,
18.2-60.3, 18.2-60.4, 18.2-67.4, or 18.2-67.5 if committed by an adult, the
court may order that such victim be informed of the charge or charges brought,
the findings of the court, and the disposition of the case. For purposes of this
section, &#8220;victim&#8221; shall be defined as in &#xA7; 19.2-11.01.

E. Upon request, the judge or clerk may disclose if an order of emancipation of
a juvenile pursuant to &#xA7; 16.1-333 has been entered, provided (i) the order
is not being appealed, (ii) the order has not been terminated, or (iii) there
has not been a judicial determination that the order is void ab initio.

F. Notwithstanding any other provision of law, a copy of any court order that
imposes a curfew or other restriction on a juvenile may be provided to the chief
law-enforcement officer of the county or city wherein the juvenile resides. The
chief law-enforcement officer shall only disclose information contained in the
court order to other law-enforcement officers in the conduct of official duties.

G. Notwithstanding any other provision of law, where consideration of public
safety requires, the Department and locally operated court service unit shall
release information relating to a juvenile&#8217;s criminal street gang
involvement, if any, and the criminal street gang-related activity and
membership of others, as criminal street gang is defined in &#xA7; 18.2-46.1,
obtained from an investigation or supervision of a juvenile and shall include
the identity or identifying information of the juvenile; however, the Department
and local court service unit shall not release the identifying information of a
juvenile not affiliated with or involved in a criminal street gang unless that
information relates to a specific criminal act. Such information shall be
released to any State Police, local police department, sheriff&#8217;s office,
or law-enforcement task force that is a part of or administered by the
Commonwealth or any political subdivision thereof, and that is responsible for
the prevention and detection of crime and the enforcement of the penal, traffic,
or highway laws of the Commonwealth. The exchange of information shall be for
the purpose of an investigation into criminal street gang activity.

H. Notwithstanding any other provision of Article 12 (&#xA7; 16.1-299 et seq.),
a clerk of the court shall report to the Bureau of Immigration and Customs
Enforcement of the U.S. Department of Homeland Security a juvenile who has been
detained in a secure facility but only upon an adjudication of delinquency or
finding of guilt for a violent juvenile felony and when there is evidence that
the juvenile is in the United States illegally.

I. Notwithstanding any other provision of this article, whenever an intake
officer proceeds informally against a juvenile, the Department or local court
service unit may disclose only such information as necessary to enforce any
provision of the diversion program to any law-enforcement officer, school
principal where such juvenile attends school, or known victim. Such information
shall remain confidential and not be part of such juvenile&#8217;s academic
record. Additionally, a local court service unit may provide information
regarding the availability and ordering of a protective order and restitution
and dispositional information to the victim in the case.

HISTORY: 1979, c. 94; 1981, c. 307; 1986, c. 506; 1988, c. 749; 1993, c. 297;
1994, cc. 499, 542; 1995, cc. 558, 687, 804; 1997, cc. 434, 452; 1999, c. 710;
2000, cc. 563, 603; 2005, c. 364; 2006, cc. 259, 309, 682; 2008, c. 798; 2010,
cc. 367, 472, 526; 2014, c. 230; 2020, cc. 995, 996; 2023, c. 677.