                                 CODE OF VIRGINIA

ESTABLISHMENT OF A COMMUNITY-BASED SYSTEM OF SERVICES; BIENNIAL LOCAL PLAN;
QUARTERLY REPORT (§ 16.1-309.3)

A. Any county, city, or combination thereof may establish a community-based
system pursuant to this article, which shall provide, or arrange to have
accessible, a variety of predispositional and postdispositional services. These
services may include, but are not limited to, diversion, community service,
restitution, house arrest, intensive juvenile supervision, substance abuse
assessment and testing, first-time offender programs, intensive individual and
family treatment, structured day treatment and structured residential programs,
aftercare/parole community supervision, and residential and nonresidential
services for juveniles who have been screened for needing community diversion or
community-based services using an evidence-based assessment protocol or juvenile
offenders who are before intake on complaints or the court on petitions alleging
that the juvenile is delinquent, in need of services, or in need of supervision
but shall not include secure detention for the purposes of this article. Such
community-based systems shall be based on an annual review of court-related data
and an objective assessment of the need for services and programs for juveniles
who have been screened for needing community diversion or community-based
services using an evidence-based assessment protocol or juvenile offenders who
are before intake on complaints or the court on petitions alleging that the
juvenile is a child in need of services, in need of supervision, or delinquent.
The community-based system shall be developed after consultation with the judge
or judges of the juvenile and domestic relations district court, the director of
the court services unit, the community policy and management team established
under &#xA7; 2.2-5205, and, if applicable, the director of any program
established pursuant to &#xA7; 66-26.

B. Community-based services instituted pursuant to this article shall be
administered by a county, city, or combination thereof and may be administered
through a community policy and management team established under &#xA7; 2.2-5204
or a commission established under &#xA7; 16.1-315. Such programs and services
may be provided by qualified public or private agencies, pursuant to appropriate
contracts. Any commission established under &#xA7; 16.1-315 providing
predispositional and postdispositional services prior to the enactment of this
article which serves the City of Chesapeake or the City of Hampton shall
directly receive the proportion of funds calculated under &#xA7; 16.1-309.7 on
behalf of the owner localities. The funds received shall be allocated directly
to the member localities. Any member locality which elects to withdraw from the
commission shall be entitled to its full allocation as provided in &#xA7;&#xA7;
16.1-309.6 and 16.1-309.7. The Department of Juvenile Justice shall provide
technical assistance to localities, upon request, for establishing or expanding
programs or services pursuant to this article.

C. Funds provided to implement the provisions of this article shall not be used
to supplant funds established as the state pool of funds under &#xA7; 2.2-5211.

D. Any county, city, or combination thereof which establishes a community-based
system pursuant to this article shall biennially submit to the State Board for
approval a local plan for the development, implementation, and operation of such
services, programs, and facilities pursuant to this article. The plan shall
provide (i) the projected number of juveniles served by alternatives to secure
detention and (ii) any reduction in secure detention rates and commitments to
state care as a result of programs funded pursuant to this article. The State
Board shall solicit written comments on the plan from the judge or judges of the
juvenile and domestic relations court, the director of the court services unit,
and, if applicable, the director of programs established pursuant to &#xA7;
66-26. Prior to the initiation of any new services, the plan shall also include
a cost comparison for the private operation of such services.

E. Each locality shall report quarterly to the Director the data required by the
Department to measure progress on stated objectives and to evaluate programs and
services within such locality&#8217;s plan.

HISTORY: 1995, cc. 698, 840; 1996, cc. 671, 682; 1997, c. 347; 2000, cc. 195,
806; 2007, c. 813; 2019, c. 105.