CODE OF VIRGINIA

PROCEDURE FOR DETENTION HEARING (§ 16.1-250)

A. When a child has been taken into immediate custody and not released as
provided in § 16.1-247 or § 16.1-248.1, such child shall appear before a judge
on the next day on which the court sits within the county or city wherein the
charge against the child is pending. In the event the court does not sit within
the county or city on the following day, such child shall appear before a judge
within a reasonable time, not to exceed 72 hours, after he has been taken into
custody. If the 72-hour period expires on a Saturday, Sunday or other legal
holiday, the 72 hours shall be extended to the next day which is not a Saturday,
Sunday or legal holiday. In the event the court does not sit on the following
day within the county or city wherein the charge against the child is pending,
the court may conduct the hearing in another county or city, but only if two-way
electronic video and audio communication is available in the courthouse of the
county or city wherein the charge is pending.

B. The appearance of the child, the attorney for the Commonwealth, the attorney
for the child and the parent, guardian, legal custodian or other person standing
in loco parentis may be by (i) personal appearance before the judge or (ii) use
of two-way electronic video and audio communication. If two-way electronic video
and audio communication is used, a judge may exercise all powers conferred by
law and all communications and proceedings shall be conducted in the same manner
as if the appearance were in person, and any documents filed may be transmitted
by electronically transmitted facsimile process. The facsimile may be served or
executed by the officer or person to whom sent, and returned in the same manner,
and with the same force, effect, authority, and liability as an original
document. All signatures thereon shall be treated as original signatures. Any
two-way electronic video and audio communication system used for an appearance
shall meet the standards as set forth in subsection B of § 19.2-3.1.

C. Notice of the detention hearing or any rehearing, either oral or written,
stating the time, place and purpose of the hearing shall be given to the parent,
guardian, legal custodian or other person standing in loco parentis if he can be
found, to the child’s attorney, to the child if 12 years of age or older
and to the attorney for the Commonwealth.

D. During the detention hearing, the parties shall be informed of the
child’s right to remain silent with respect to any allegation of
delinquency and of the contents of the petition. The attorney for the child and
the attorney for the Commonwealth shall be given the opportunity to be heard.

E. If the judge finds that there is not probable cause to believe that the child
committed the delinquent act alleged, the court shall order his release. If the
judge finds that there is probable cause to believe that the child committed the
delinquent act alleged but that the full-time detention of a child who is
alleged to be delinquent is not required, the court shall order his release, and
in so doing, the court may impose one or more of the following conditions singly
or in combination:

   1.  Place the child in the custody of a parent, guardian, legal custodian or
   other person standing in loco parentis under their supervision, or under the
   supervision of an organization or individual agreeing to supervise him;

   2.  Place restrictions on the child’s travel, association or place of
   abode during the period of his release;

   3.  Impose any other condition deemed reasonably necessary and consistent with
   the criteria for detaining children specified in § 16.1-248.1; or

   4.  Release the child on bail or recognizance in accordance with the
   provisions of Chapter 9 (§ 19.2-119 et seq.) of Title 19.2.

F. An order releasing a child on any of the conditions specified in this section
may, at any time, be amended to impose additional or different conditions of
release or to return the child who is alleged to be delinquent to custody for
failure to conform to the conditions previously imposed.

G. All relevant and material evidence helpful in determining probable cause
under this section or the need for detention may be admitted by the court even
though not competent in a hearing on the petition.

H. If the child is not released and a parent, guardian, legal custodian or other
person standing in loco parentis is not notified and does not appear or does not
waive appearance at the hearing, upon the written request of such person stating
that such person is willing and available to supervise the child upon release
from detention and to return the child to court for all scheduled proceedings on
the pending charges, the court shall rehear the matter on the next day on which
the court sits within the county or city wherein the charge against the child is
pending. If the court does not sit within the county or city on the following
day, such hearing shall be held before a judge within a reasonable time, not to
exceed 72 hours, after the request.

I. In considering probable cause under this section, if the court deems it
necessary to summon witnesses to assist in such determination then the hearing
may be continued and the child remain in detention, but in no event longer than
three consecutive days, exclusive of Saturdays, Sundays, and legal holidays.

HISTORY: 1977, c. 559; 1979, c. 338; 1985, c. 260; 1986, c. 542; 1988, c. 220;
1989, c. 549; 1992, c. 508; 1995, c. 451; 2004, c. 437; 2006, c. 89.