This paper examines the development and structure of the juvenile justice system in Virginia, with a focus on the juvenile competency statutes enacted in 1999 following a year-long study by the Virginia Commission on Youth. The paper traces the evolution of U.S. juvenile justice policy from the 1800s and outlines each stage of Virginia's juvenile justice process — from intake and arrest through adjudicatory hearings, dispositional hearings, and eventual discharge. It concludes with a critique of a procedural redundancy in the intake decision-making process and offers a recommendation for streamlining the system.
In the 1800s, the juvenile justice system was created to reform U.S. policies regarding youth offenders. The United States' original intent for the juvenile justice system has since shifted due to a number of reforms aimed at both protecting the due process rights of youth and creating a deterrent effect among the young. These reforms have made the system increasingly comparable to the adult criminal justice system.
After a year-long study conducted by the Virginia Commission on Youth, juvenile competency statutes were enacted. The study included participants from a wide range of groups: the Office of the Attorney General, juvenile court judges, prosecutors, public defenders, children's advocates, university faculty, and senior administrative personnel from the state Department of Mental Health, the state Department of Juvenile Justice, local mental health agencies (community services boards), and private providers.
Participants reviewed all existing law pertaining to adjudicative competence in juveniles nationwide and drafted model language for consideration by the General Assembly during its 1999 session. This law took effect on July 1, 1999, and required the development of a new forensic service delivery system to address the evaluation and restoration needs of juveniles found incompetent to stand trial (Eisten Law, 2008).
Juveniles are defined as persons under age 18. There is no minimum age in Virginia for juvenile court jurisdiction; however, juveniles must be at least 11 years old before they may be committed to the custody of the Department of Juvenile Justice.
A juvenile enters the system when an offense committed by that juvenile is reported by a parent, police officer, or citizen or agency complaint.
The intake or arrest stage is initiated automatically if the offender is reported by a parent, citizen, or agency. If the report is made by police, however, consultation must occur and a decision must be made before an arrest is executed; otherwise, the juvenile is released back into the community.
In the event of an arrest, the next action depends entirely on the decision made by the intake officer at court. The officer may take an informal action — such as crisis-shelter care, detention outreach, or counseling — take no action, or file a petition. If the decision is unsatisfactory to the police officer or original complainant, they may appeal to a magistrate, who must then certify the charge. The matter is subsequently returned to intake to file a petition.
When a petition is filed, the decision to release the juvenile to the community is based on the assessed risk to self, to the community, or flight risk. In cases of detention, a hearing is held within 72 hours in the Juvenile and Domestic Relations District Court to determine the need for further detention and to examine the merits of the charges. A preliminary hearing either confirms the merits of the charges, leading to an adjudicatory hearing, or results in dismissal of the case.
At the adjudicatory hearing, witnesses and testimony are presented. If the juvenile is found guilty, a dispositional hearing is held; if not guilty, the case is dismissed. At the dispositional hearing, the court decides whether the juvenile will be committed to the Department of Juvenile Justice (DJJ) or face community sanctions such as warnings, restitution, or fines. Probation may also be ordered, which can include participation in Community Supervision Unit (CSU) programs, local services, or local facilities. Once all requirements are met, the juvenile is released by the court.
In cases where commitment to DJJ is ordered, the Reception and Diagnostic Center (RDC) conducts psychological, educational, social, and medical evaluations on the juvenile (Commonwealth of Virginia, 2011). The results of these evaluations may direct the juvenile to a Juvenile Correctional Center (JCC), after which the juvenile may be released or placed on parole. Upon completion of parole, or upon entry into the adult criminal justice system, the youth is discharged from the juvenile system.
"Recommended reform to intake decision-making process"
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