When adult sentenced for juvenile offense (§ 16.1-284)—Virginia Decoded

When adult sentenced for juvenile offense

A. When the juvenile court sentences an adult who has committed, before attaining the age of 18, an offense that would be a crime if committed by an adult, the court may impose, for each offense, the penalties that are authorized to be imposed on adults for such violations, not to exceed the punishment for a Class 1 misdemeanor, provided that the total jail sentence imposed shall not exceed 36 continuous months and the total fine shall not exceed $ 2,500 or the court may order a disposition as provided in subdivision A 4, 5, 7, 11, 12, 14, or 17 and subsection B of § 16.1-278.8.

B. A person sentenced pursuant to this section shall be entitled to good time credit as authorized by § 53.1-116.

History

Code 1950, § 16.1-177.1; 1956, c. 555; 1973, c. 440; 1977, c. 559; 1978, c. 142; 1980, c. 235; 1983, c. 336; 1985, c. 260; 1996, cc. 755, 914; 2016, c. 626.

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Court Decisions

Palmer v. Com. (SCV, 03/03/05)
. . . single offense or multiple offenses. See Code § 16.1-284. As stated above, the record shows that . . .

Overbey v. Com. (SCV, 01/13/06)
. . . the defendant was sentenced pursuant to Code § 16.1-284 to 12 months in jail, suspended for two . . .

McMillan v. Com. (SCV, 01/16/09)
. . . The defendant was sentenced pursuant to Code § 16.1-284 to 12 months in jail, suspended for two . . .

. . . Linda Patrice Hailey v. William B. Dorsey, Sheriff of the . . . (Court of Appeals for the Fourth Circuit, 07/06/78)
. . . 5 . . .

United States v. Crudup (District Court, E.D. Virginia, 10/10/02)
. . . the indictment in reliance on VA. CODE ANN. § 16.1-284 which states: . . .

. . . United States v. Christopher Walters, United States of . . . (Court of Appeals for the Fourth Circuit, 02/20/04)
. . . Va.Code Ann. §§ 16.1-278.7, 16.1-284.1, 16.1-285.1 (Michie 2003). However, because . . .

E.C. v. Virginia Dep't of Juvenile Justice (SCV, 03/02/12)
. . . supervision and control of the . . .

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Amendment Attempts

SB454: Juvenile court; retained jurisdiction, procedures in case of adults, penalties.

HB61: Adults sentenced for juvenile offenses; good conduct credit. (passed)

SB307: Adults sentenced for juvenile offenses; good conduct credit. (passed)

SB134: Juvenile and domestic relations district courts; raises maximum age for delinquency matters. (failed)

HB2044: Criminal and traffic cases; fines and costs assessed against juveniles, report. (failed)

SB1080: Juvenile and domestic relations district courts; adjudication of delinquency. (failed)

HB1263: Abolition of juvenile fines and fees; criminal offenses. (failed)

SB481: Abolition of juvenile fines and fees; criminal offenses. (failed)