16.1-293 - Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house.
§ 16.1-293. Supervision of juvenile or person during commitment and onparole; placing juvenile in halfway house.
At such time as the court commits a juvenile to the Department, the juvenileand domestic relations district court service unit shall maintain contactwith the juvenile during the juvenile's commitment.
If a person is placed on parole supervision following that person's releasefrom commitment to the Department, the court services unit providing parolesupervision shall furnish the person a written statement of the conditions ofhis parole and shall instruct him regarding the same. The conditions of thereenrollment plan may be included in the conditions of parole. Violations ofparole shall be heard by the court pursuant to § 16.1-291. If the parolesupervision is for an indeterminate period of time, the director of thesupervising court services unit may approve termination of parole supervision.
The Department shall notify the school division superintendent in thelocality where the person was enrolled of his commitment to a facility. Thecourt services unit shall, in consultation with the Department ofCorrectional Education, the local school division, and the juvenilecorrectional counselor, develop a reenrollment plan if the person is ofcompulsory school attendance age or is eligible for special educationservices pursuant to § 22.1-213. The reenrollment plan shall be in accordancewith regulations adopted by the Board of Education pursuant to § 22.1-17.1.The superintendent shall provide the person's scholastic records, as definedin § 22.1-289, and the terms and conditions of any expulsion which was ineffect at the time of commitment or which will be in effect upon release. Acourt may not order a local school board to reenroll a person who has beenexpelled in accordance with the procedures set forth in § 22.1-277.06. Atleast 14 days prior to the person's scheduled release, the Department shallnotify the school division superintendent in the locality where the personwill reside.
In the event it is determined by the juvenile and domestic relations districtcourt that a person may benefit from placement in the halfway house programoperated by the Department, the person may be referred for care and treatmentto a halfway house. Persons so placed in a halfway house shall remain inparole status and cannot be transferred or otherwise placed in anotherinstitutional setting or institutional placement operated by the Departmentexcept as elsewhere provided by law for those persons who have violated theirparole status.
In the event that the person was in the custody of the local department ofsocial services immediately prior to his commitment to the Department and hasnot attained the age of 18 years, the local department of social servicesshall resume custody upon the person's release from commitment, unless analternative arrangement for the custody of the person has been made andcommunicated in writing to the Department. The court services unit shallconsult with the local department of social services four weeks prior to theperson's release from commitment on parole supervision concerning return ofthe person to the locality and the placement of the person. The courtservices unit will be responsible for supervising the person's terms andconditions of parole.
(Code 1950, § 16.1-210; 1956, c. 555; 1962, c. 628; 1972, cc. 73, 708; 1973,cc. 440, 546; 1977, c. 559; 1980, c. 217; 1981, c. 487; 1985, c. 203; 1988,c. 453; 1996, cc. 755, 914, 916, 1000; 2001, cc. 688, 820, 853; 2010, c. 742.)