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 earn good time credit at the rate of one day for each one day served, including all days served while confined in jail or secured detention prior to conviction and sentencing, in which the person has not violated the written rules and regulations of the jail.
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; 2020, cc. 18, 532.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 1998–2024 · leading case:
Palmer v. Com., 609 S.E.2d 308 (Va. 2005).
Palmer v. Com., 609 S.E.2d 308 (Va. 2005).
· cites it 4× “See Code § 16.1-284. As stated above, the record shows that Palmer received four concurrent jail sentences of 12 months, with six months of each sentence suspended, sentences within the limits allowed by Code § 16.”
Overbey v. Commonwealth, 623 S.E.2d 904 (Va. 2006).
· cites it 6× “" After the probation officer's report was received, the defendant was sentenced pursuant to Code § 16.1-284 to 12 months in jail, suspended for two years on condition that he "be of good behavior & complete 50 hours in the CDI program.”
McMillan v. Com., 671 S.E.2d 396 (Va. 2009).
· cites it 2× “" The defendant was sentenced pursuant to Code § 16.1-284 to 12 months in jail, suspended for two years on the condition that he "be of good behavior & complete 50 hours in the CDI program.”
United States v. Crudup, 225 F. Supp. 2d 688 (E.D. Va. 2002).
· cites it 2× “Alternatively, the Defendant argues for dismissal of the indictment in reliance on Va. Code Ann. § 16.1-284 which states: When the juvenile court sentences an adult who has committed, before attaining the age of eighteen, an offense which would be a crime if committed by-an…”
Jerson Javier Jara Travezano v. Commonwealth of Virginia (Va. Ct. App. 2014).
· cites it 21× “At appellant’s sentencing hearing, appellant argued that the only available disposition was under Code § 16.1-284, which provides that a court may sentence a juvenile offender who is over eighteen years old to jail for up to twelve months.”
Ted Anthony Jennings, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 6× “If a juvenile court sentences an adult who committed, before turning 18, an offense that would be a crime if committed by an adult, Code § 16.1-284 allows the court to impose “the penalties that are authorized to be imposed on adults for such violations.”
Ted Anthony Jennings, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 2× “8 sets out the options a juvenile court has upon finding a juvenile delinquent. Because Jennings was 19 at the time of the final disposition, the juvenile and domestic relations judge had, and exercised, the option under Code § 16.”
Ted Anthony Jennings, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 2× “8 sets out the options a juvenile court has upon finding a juvenile delinquent. Because Jennings was 19 at the time of the final disposition, the juvenile and domestic relations judge had, and exercised, the option under Code § 16.”
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