A. In the case of a juvenile fourteen years of age or older who has been found guilty of an offense which would be a felony if committed by an adult, and either (i) the juvenile is on parole for an offense which would be a felony if committed by an adult, (ii) the juvenile was committed to the state for an offense which would be a felony if committed by an adult within the immediately preceding twelve months, (iii) the felony offense is punishable by a term of confinement of greater than twenty years if the felony was committed by an adult, or (iv) the juvenile has been previously adjudicated delinquent for an offense which if committed by an adult would be a felony punishable by a term of confinement of twenty years or more, and the circuit court, or the juvenile or family court, as the case may be, finds that commitment under this section is necessary to meet the rehabilitative needs of the juvenile and would serve the best interests of the community, then the court may order the juvenile committed to the Department of Juvenile Justice for placement in a juvenile correctional center for the period of time prescribed pursuant to this section.
Alternatively, in order to determine if a juvenile, transferred from a juvenile and domestic relations district court to a circuit court pursuant to § 16.1-269.1, appropriately qualifies for commitment pursuant to this section, notwithstanding the inapplicability of the qualification criteria set forth in clauses (i) through (iv), the circuit court may consider the commitment criteria set forth in subdivisions 1, 2, and 3 of subsection B as well as other components of the juvenile's life history and, if upon such consideration in the opinion of the court the needs of the juvenile and the interests of the community would clearly best be served by commitment hereunder, may so commit the juvenile.
B. Prior to committing any juvenile pursuant to this section, the court shall consider:
1. The juvenile's age;
2. The seriousness and number of the present offenses, including (i) whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the offense was against persons or property, with greater weight being given to offenses against persons, especially if death or injury resulted; (iii) whether the offense involved the use of a firearm or other dangerous weapon by brandishing, displaying, threatening with or otherwise employing such weapon; and (iv) the nature of the juvenile's participation in the alleged offense;
3. The record and previous history of the juvenile in this or any other jurisdiction, including (i) the number and nature of previous contacts with courts, (ii) the number and nature of prior periods of probation, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts that involved the infliction of serious bodily injury, and (vi) whether the offense is part of a repetitive pattern of similar adjudicated offenses; and
4. The Department's estimated length of stay.
Such commitment order must be supported by a determination that the interests of the juvenile and community require that the juvenile be placed under legal restraint or discipline and that the juvenile is not a proper person to receive treatment or rehabilitation through other juvenile programs or facilities.
C. In ordering commitment pursuant to this section, the court shall specify a period of commitment not to exceed seven years or the juvenile's twenty-first birthday, whichever shall occur first. The court may also order a period of determinate or indeterminate parole supervision to follow the commitment but the total period of commitment and parole supervision shall not exceed seven years or the juvenile's twenty-first birthday, whichever occurs first.
D. Upon receipt of a juvenile committed under the provisions of this section, the Department shall evaluate the juvenile for the purpose of considering placement of the juvenile in an appropriate juvenile correctional center for the time prescribed by the committing court. Such a placement decision shall be made based on the availability of treatment programs at the facility; the level of security at the facility; the offense for which the juvenile has been committed; and the welfare, age and gender of the juvenile.
E. The court which commits the juvenile to the Department under this section shall have continuing jurisdiction over the juvenile throughout his commitment. The continuing jurisdiction of the court shall not prevent the Department from removing the juvenile from a juvenile correctional center without prior court approval for the sole purposes of routine or emergency medical treatment, routine educational services, or family emergencies.
F. Any juvenile committed under the provisions of this section shall not be released at a time earlier than that specified by the court in its dispositional order except as provided for in § 16.1-285.2. The Department may petition the committing court, notwithstanding the terms of any plea agreement or commitment order, for a hearing as provided for in § 16.1-285.2 for an earlier release of the juvenile when good cause exists for an earlier release. In addition, notwithstanding the terms of any plea agreement or commitment order, the Department shall petition the committing court for a determination as to the continued commitment of each juvenile sentenced under this section at least sixty days prior to the second anniversary of the juvenile's date of commitment and sixty days prior to each annual anniversary thereafter.
1985, c. 260; 1989, c. 717; 1992, c. 484; 1994, cc. 859, 949; 1996, cc. 755, 914; 2001, c. 563; 2021, Sp. Sess. I, c. 284.
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1998–2024 · leading case:
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
· cites it 20× “See Code § 16.1-285.1. The circuit court imposed adult time sentences for the remaining offenses, with all sentences to run concurrently, for a total period of incarceration of twenty-five years, and suspended that adult time.”
Jackson v. Commonwealth, 512 S.E.2d 838 (Va. Ct. App. 1999).
· cites it 22× “The court suspended his entire sentence for both convictions upon the conditions that Jackson be committed to the Department of Juvenile Justicepursuant to Code § 16.1-285.1 until he turned twenty-one, that Jackson complete the "Serious Offender Program" of the State Department…”
Hughes v. Commonwealth, 573 S.E.2d 324 (Va. Ct. App. 2002).
· cites it 3× “If a juvenile is convicted of a violent juvenile felony, for that offense and for all ancillary crimes the court may order that (i) the juvenile serve a portion of the sentence as a serious juvenile offender under § 16.1-285.1 and the remainder of such sentence in the same…”
Sammy D. Suleiman v. Commonwealt of Virginia, 495 S.E.2d 532 (Va. Ct. App. 1998).
· cites it 17× “He contends the court did not sentence him in accordance with the requirements of Code § 16.1-285.1, which govern the sentencing of serious juvenile offenders.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
· cites it 2× “If a juvenile is convicted of a violent juvenile felony, for that offense and for all ancillary crimes the court may order that (i) the juvenile serve a portion of the sentence as a serious juvenile offender under § 16.1-285.1 and the remainder of such sentence in the same…”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 33× “1 The Highland County Circuit Court (“trial court”) committed appellant to the Department of Juvenile Justice (“DJJ”) “to serve a portion of this sentence as a serious juvenile offender under Virginia Code § 16.1-285.1[,]” and ordered appellant to serve “the remainder of his…”
Jacob Thomas Mattox v. Commonwealth, 620 S.E.2d 550 (Va. Ct. App. 2005).
· cites it 38× “1 He appeals his commitment and sentence as a “serious offender” under Code § 16.1-285.1. For the reasons that follow, we affirm the decision of the trial court.”
Robert Anthony Tyler Martinez v. Commonwealth of Virginia (Va. Ct. App. 2019).
· cites it 11× “1-272(A)(2) authorizes a court to “impose an adult sentence and suspend the sentence conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case,” including commitment to DJJ pursuant to Code §…”
John Carlos Bardales v. Commonwealth of Virginia (Va. Ct. App. 2020).
· cites it 11× “He was sentenced to “the Department of Juvenile Justice for a determinate period as a serious juvenile offender pursuant to § 16.1-285.1 . . . not to exceed his twenty-first (21st) birthday” and “[f]ollowing his release from the Department of Juvenile Justice, .”
Marquis D. Edmonds v. Commonwealth of Virginia (Va. Ct. App. 2013).
· cites it 6× “2(A) states that “[u]pon receipt of a petition of the Department of Juvenile Justice for a hearing concerning a juvenile committed under Code § 16.1-285.1, the court shall schedule a hearing within thirty days,” and subsection (E) states that “at the conclusion of the review…”
Lewis v. Dotson (E.D. Va. 2024).
· cites it 2× “Lewis’ commitment as a serious offender under Code Section 16.1-285.1. Despite my recommendations, Mr.”
— Va. Code Ann. § 16.1-285.1(A) — 5 cases
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“See Code § 16.1-285.1. The circuit court imposed adult time sentences for the remaining offenses, with all sentences to run concurrently, for a total period of incarceration of twenty-five years, and suspended that adult time.”
Jackson v. Commonwealth, 512 S.E.2d 838 (Va. Ct. App. 1999).
“The court suspended his entire sentence for both convictions upon the conditions that Jackson be committed to the Department of Juvenile Justicepursuant to Code § 16.1-285.1 until he turned twenty-one, that Jackson complete the "Serious Offender Program" of the State Department…”
Sammy D. Suleiman v. Commonwealt of Virginia, 495 S.E.2d 532 (Va. Ct. App. 1998).
“He contends the court did not sentence him in accordance with the requirements of Code § 16.1-285.1, which govern the sentencing of serious juvenile offenders.”
Jacob Thomas Mattox v. Commonwealth, 620 S.E.2d 550 (Va. Ct. App. 2005).
“1 He appeals his commitment and sentence as a “serious offender” under Code § 16.1-285.1. For the reasons that follow, we affirm the decision of the trial court.”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024).
“1 The Highland County Circuit Court (“trial court”) committed appellant to the Department of Juvenile Justice (“DJJ”) “to serve a portion of this sentence as a serious juvenile offender under Virginia Code § 16.1-285.1[,]” and ordered appellant to serve “the remainder of his…”
— Va. Code Ann. § 16.1-285.1(B) — 3 cases
Sammy D. Suleiman v. Commonwealt of Virginia, 495 S.E.2d 532 (Va. Ct. App. 1998).
“He contends the court did not sentence him in accordance with the requirements of Code § 16.1-285.1, which govern the sentencing of serious juvenile offenders.”
Jacob Thomas Mattox v. Commonwealth, 620 S.E.2d 550 (Va. Ct. App. 2005).
“1 He appeals his commitment and sentence as a “serious offender” under Code § 16.1-285.1. For the reasons that follow, we affirm the decision of the trial court.”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024).
“1 The Highland County Circuit Court (“trial court”) committed appellant to the Department of Juvenile Justice (“DJJ”) “to serve a portion of this sentence as a serious juvenile offender under Virginia Code § 16.1-285.1[,]” and ordered appellant to serve “the remainder of his…”
— Va. Code Ann. § 16.1-285.1(B)(1) — 1 case
Jacob Thomas Mattox v. Commonwealth, 620 S.E.2d 550 (Va. Ct. App. 2005).
“1 He appeals his commitment and sentence as a “serious offender” under Code § 16.1-285.1. For the reasons that follow, we affirm the decision of the trial court.”
— Va. Code Ann. § 16.1-285.1(B)(2)(iii) — 1 case
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“See Code § 16.1-285.1. The circuit court imposed adult time sentences for the remaining offenses, with all sentences to run concurrently, for a total period of incarceration of twenty-five years, and suspended that adult time.”
— Va. Code Ann. § 16.1-285.1(B)(3) — 1 case
Jacob Thomas Mattox v. Commonwealth, 620 S.E.2d 550 (Va. Ct. App. 2005).
“1 He appeals his commitment and sentence as a “serious offender” under Code § 16.1-285.1. For the reasons that follow, we affirm the decision of the trial court.”
— Va. Code Ann. § 16.1-285.1(B)(4) — 1 case
Jacob Thomas Mattox v. Commonwealth, 620 S.E.2d 550 (Va. Ct. App. 2005).
“1 He appeals his commitment and sentence as a “serious offender” under Code § 16.1-285.1. For the reasons that follow, we affirm the decision of the trial court.”
— Va. Code Ann. § 16.1-285.1(C) — 3 cases
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“See Code § 16.1-285.1. The circuit court imposed adult time sentences for the remaining offenses, with all sentences to run concurrently, for a total period of incarceration of twenty-five years, and suspended that adult time.”
John Carlos Bardales v. Commonwealth of Virginia (Va. Ct. App. 2020).
“He was sentenced to “the Department of Juvenile Justice for a determinate period as a serious juvenile offender pursuant to § 16.1-285.1 . . . not to exceed his twenty-first (21st) birthday” and “[f]ollowing his release from the Department of Juvenile Justice, .”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024).
“1 The Highland County Circuit Court (“trial court”) committed appellant to the Department of Juvenile Justice (“DJJ”) “to serve a portion of this sentence as a serious juvenile offender under Virginia Code § 16.1-285.1[,]” and ordered appellant to serve “the remainder of his…”
— Va. Code Ann. § 16.1-285.1(D) — 1 case
John Carlos Bardales v. Commonwealth of Virginia (Va. Ct. App. 2020).
“He was sentenced to “the Department of Juvenile Justice for a determinate period as a serious juvenile offender pursuant to § 16.1-285.1 . . . not to exceed his twenty-first (21st) birthday” and “[f]ollowing his release from the Department of Juvenile Justice, .”
— Va. Code Ann. § 16.1-285.1(E) — 2 cases
John Carlos Bardales v. Commonwealth of Virginia (Va. Ct. App. 2020).
“He was sentenced to “the Department of Juvenile Justice for a determinate period as a serious juvenile offender pursuant to § 16.1-285.1 . . . not to exceed his twenty-first (21st) birthday” and “[f]ollowing his release from the Department of Juvenile Justice, .”
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024).
“1 The Highland County Circuit Court (“trial court”) committed appellant to the Department of Juvenile Justice (“DJJ”) “to serve a portion of this sentence as a serious juvenile offender under Virginia Code § 16.1-285.1[,]” and ordered appellant to serve “the remainder of his…”
— Va. Code Ann. § 16.1-285.1(F) — 4 cases
Robert Marshall Cornelius v. Commonwealth of Virginia (Va. Ct. App. 2024).
“1 The Highland County Circuit Court (“trial court”) committed appellant to the Department of Juvenile Justice (“DJJ”) “to serve a portion of this sentence as a serious juvenile offender under Virginia Code § 16.1-285.1[,]” and ordered appellant to serve “the remainder of his…”
Robert Anthony Tyler Martinez v. Commonwealth of Virginia (Va. Ct. App. 2019).
“1-272(A)(2) authorizes a court to “impose an adult sentence and suspend the sentence conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case,” including commitment to DJJ pursuant to Code §…”
Marquis D. Edmonds v. Commonwealth of Virginia (Va. Ct. App. 2013).
“2(A) states that “[u]pon receipt of a petition of the Department of Juvenile Justice for a hearing concerning a juvenile committed under Code § 16.1-285.1, the court shall schedule a hearing within thirty days,” and subsection (E) states that “at the conclusion of the review…”
John Carlos Bardales v. Commonwealth of Virginia (Va. Ct. App. 2020).
“He was sentenced to “the Department of Juvenile Justice for a determinate period as a serious juvenile offender pursuant to § 16.1-285.1 . . . not to exceed his twenty-first (21st) birthday” and “[f]ollowing his release from the Department of Juvenile Justice, .”
Annotations are extracted automatically from the opinions in the
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