16.1-272 - Power of circuit court over juvenile offender.
§ 16.1-272. Power of circuit court over juvenile offender.
A. In any case in which a juvenile is indicted, the offense for which he isindicted and all ancillary charges shall be tried in the same manner asprovided for in the trial of adults, except as otherwise provided with regardto sentencing. Upon a finding of guilty of any charge, the court shall fixthe sentence without the intervention of a jury.
1. If a juvenile is convicted of a violent juvenile felony, for that offenseand for all ancillary crimes the court may order that (i) the juvenile servea portion of the sentence as a serious juvenile offender under § 16.1-285.1and the remainder of such sentence in the same manner as provided for adults;(ii) the juvenile serve the entire sentence in the same manner as providedfor adults; or (iii) the portion of the sentence to be served in the samemanner as provided for adults be suspended conditioned upon successfulcompletion of such terms and conditions as may be imposed in a juvenile courtupon disposition of a delinquency case including, but not limited to,commitment under subdivision A 14 of § 16.1-278.8 or § 16.1-285.1.
2. If the juvenile is convicted of any other felony, the court may sentenceor commit the juvenile offender in accordance with the criminal laws of thisCommonwealth or may in its discretion deal with the juvenile in the mannerprescribed in this chapter for the hearing and disposition of cases in thejuvenile court, including, but not limited to, commitment under § 16.1-285.1or may in its discretion impose an adult sentence and suspend the sentenceconditioned upon successful completion of such terms and conditions as may beimposed in a juvenile court upon disposition of a delinquency case.
3. If the juvenile is not convicted of a felony but is convicted of amisdemeanor, the court shall deal with the juvenile in the manner prescribedby law for the disposition of a delinquency case in the juvenile court.
B. If the circuit court decides to deal with the juvenile in the same manneras a case in the juvenile court and places the juvenile on probation, thejuvenile may be supervised by a juvenile probation officer.
C. Whether the court sentences and commits the juvenile as a juvenile underthis chapter or under the criminal law, in cases where the juvenile isconvicted of a felony in violation of § 18.2-61, 18.2-63, 18.2-64.1,18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or 18.2-370.1 or, wherethe victim is a minor or is physically helpless or mentally incapacitated asdefined in § 18.2-67.10, subsection B of § 18.2-361 or subsection B of §18.2-366, the clerk shall make the report required by § 19.2-390 to the SexOffender and Crimes Against Minors Registry established pursuant to Chapter 9(§ 9.1-900 et seq.) of Title 9.1.
D. A juvenile sentenced pursuant to clause (i) of subdivision A 1 shall beeligible to earn sentence credits in the manner prescribed by § 53.1-202.2for the portion of the sentence served as a serious juvenile offender under §16.1-285.1.
E. If the court sentences the juvenile as a juvenile under this chapter, theclerk shall provide a copy of the court's final order or judgment to thecourt service unit in the same locality as the juvenile court to which thecase had been transferred.
(Code 1950, § 16.1-177; 1956, c. 555; 1977, c. 559; 1994, c. 362; 1996, cc.755, 914; 2000, c. 793; 2002, c. 511; 2003, c. 584; 2005, c. 590; 2007, c.460; 2008, c. 517.)