Be it enacted by the General Assembly of Virginia:
1. That § 16.1-248.1 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-248.1. Criteria for detention or shelter care.
A. A juvenile taken into custody whose case is considered by a judge, intake
officer or magistrate pursuant to § 16.1-247 shall immediately be released,
upon the ascertainment of the necessary facts, to the care, custody and control of
such juvenile's parent, guardian, custodian or other suitable person able and
willing to provide supervision and care for such juvenile, either on bail or
recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or under
such conditions as may be imposed or otherwise. However, at any time prior to
an order of final disposition, a juvenile may be detained in a secure facility,
pursuant to a detention order or warrant, only upon a finding by the judge, intake
officer, or magistrate, that there is probable cause to believe that the
juvenile committed the act alleged, and that at least
1. The juvenile is alleged to have (a) violated the terms of his probation or parole when the charge for which he was placed on probation or parole would have been a felony or Class 1 misdemeanor if committed by an adult or (b) committed an act that would be a felony or Class 1 misdemeanor if committed by an adult, and there is clear and convincing evidence that:
a. Considering the seriousness of the current offense or offenses and other
pending charges, the seriousness of prior adjudicated offenses, the legal
status of the juvenile and any aggravating and mitigating circumstances, the
c. The juvenile has threatened to abscond from the court's jurisdiction during
the pendency of the instant proceedings or has a record of willful failure to
appear at a court hearing within the immediately preceding
2. The juvenile has absconded from a detention home or facility where he has been directed to remain by the lawful order of a judge or intake officer.
3. The juvenile is a fugitive from a jurisdiction outside the Commonwealth and subject to a verified petition or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323 while arrangements are made to return the juvenile to the lawful custody of a parent, guardian or other authority in another state.
4. The juvenile has failed to appear in court after having been duly served
with a summons in any case in which it is alleged that the juvenile has
committed a delinquent act or that the child is in need of services or is in
need of supervision; however, a child alleged to be in need of services or in
need of supervision may be detained for good cause pursuant to this subsection
only until the next day upon which the court sits within the county or city in
which the charge against the child is pending, and under no circumstances
When a juvenile is placed in secure detention, the detention order shall state the offense for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges.
B. Any juvenile not meeting the criteria for placement in a secure facility shall be released to a parent, guardian or other person willing and able to provide supervision and care under such conditions as the judge, intake officer or magistrate may impose. However, a juvenile may be placed in shelter care if:
1. The juvenile is eligible for placement in a secure facility;
2. The juvenile has failed to adhere to the directions of the court, intake officer or magistrate while on conditional release;
3. The juvenile's parent, guardian or other person able to provide supervision cannot be reached within a reasonable time;
4. The juvenile does not consent to return home;
5. Neither the juvenile's parent or guardian nor any other person able to provide proper supervision can arrive to assume custody within a reasonable time; or
6. The juvenile's parent or guardian refuses to permit the juvenile to return home and no relative or other person willing and able to provide proper supervision and care can be located within a reasonable time.
C. The criteria for continuing the juvenile in detention or shelter care as set forth in this section shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending court disposition. Such criteria shall be supported by clear and convincing evidence in support of the decision not to release the juvenile.
D. Nothing in this section shall be construed to deprive the court of its power to punish a juvenile summarily for contempt for acts set forth in § 18.2-456, other than acts of disobedience of the court's dispositional order which are committed outside the presence of the court.
E. A detention order may be issued pursuant to subdivision 2 of subsection A by the committing court or by the court in the jurisdiction from which the juvenile fled or where he was taken into custody.