                                 CODE OF VIRGINIA

EXTENDING LIMITS OF CONFINEMENT OF STATE WARDS FOR WORK AND EDUCATIONAL
PROGRAMS; DISPOSITION OF WAGES; PENALTIES FOR VIOLATIONS (§ 66-25.1:3)

A. The Director is authorized to establish work release programs, subject to
such rules and regulations as the Board may prescribe, whereby (i) a juvenile
who is proficient in any trade or occupation and who meets the work release
criteria established by the Director, may be approved for employment by private
individuals, corporations, or state agencies at places of business, or (ii) a
juvenile who the Director is satisfied meets the work release criteria and is
capable of receiving substantial benefit from educational and other related
community activity programs that are not available within a juvenile
correctional center may attend such programs outside of the juvenile
correctional facility.

B. The Director may contract with the superintendent of a local detention
facility or home for the temporary placement of a committed juvenile who is
deemed appropriate for participation in the programs or services provided by or
through a certified post-dispositional program in that local detention facility
or home. A juvenile who the Director is satisfied meets the work release
criteria and is capable of receiving substantial benefit from educational
programs, employment or other related community activity programs available at
or through the local detention facility or home is eligible for placement in
such local detention facility or home.

C. The compensation for such employment shall be arranged by the Director and
shall be the same as that of regular employees in similar occupations. Any wages
earned shall be paid to the Director. The Director shall, in accordance with
regulations promulgated by the Board, deduct from such wages, in the following
order of priority, an amount to:

   1. Meet the obligation of any judicial or administrative order to provide
   support, and such funds shall be disbursed according to the terms of such
   order;

   2. Pay any fines, restitution, or costs as ordered by the court; and

   3. Pay travel and other such expenses made necessary by his work release
   employment or participation in an educational or rehabilitative program.
   				The balance shall be credited to the juvenile&#8217;s account or sent to
   his family in an amount the juvenile chooses.

D. Any juvenile who has been placed in any of the programs authorized herein
shall, while outside the juvenile correctional center or juvenile detention
facility to which he is assigned, be deemed to be in custody whether or not he
is under the supervision of a juvenile correctional officer. If the juvenile,
without proper authority or without just cause, leaves the area in which he has
been directed to work or to attend educational or community activity programs,
or the vehicle or route involved in his traveling to or from such place or
program, he may be found guilty of escape as provided for in &#xA7; 18.2-477 as
though he had left the secure facility as defined in &#xA7; 16.1-228; or, if
there are mitigating circumstances or the culpability of the juvenile is
minimal, he may be found guilty of a Class 2 misdemeanor.

E. The Director and any superintendent or other administrative head of any local
detention facility are authorized to enter into agreements whereby persons
committed to the Department, whether such persons are housed in a juvenile
correctional center or a local detention facility, and who meet the
Department&#8217;s standards for such release, may participate in local work
release programs or in educational or other rehabilitative programs operating
pursuant to this section. Any person so placed shall be governed by the rules
and regulations applicable to local work release programs.

F. In the event that the juvenile is committed to the Department as a serious
offender pursuant to &#xA7; 16.1-285.1, the juvenile shall not be approved for
placement in a work release program located outside of the juvenile correctional
facility without written approval of the committing court.

HISTORY: 2005, c. 648.