Except as provided in § 16.1-285.1, all commitments under this chapter shall be for an indeterminate period having regard to the welfare of the juvenile and interests of the public, but no juvenile committed hereunder shall be held or detained longer than thirty-six continuous months or after such juvenile has attained the age of twenty-one years. However, the thirty-six month limitation shall not apply in cases of commitment for an act of murder or manslaughter. The Department shall have the authority to discharge any juvenile or person from its custody, including releasing a juvenile or person to parole supervision, in accordance with policies and procedures established by the State Board and with other provisions of law. Parole supervision programs shall be operated through the court services units established pursuant to § 16.1-233. A juvenile or person who violates the conditions of his parole granted pursuant to this section may be proceeded against for a revocation or modification of parole status pursuant to § 16.1-291.
Code 1950, § 16.1-180; 1956, c. 555; 1977, c. 559; 1985, cc. 260, 388; 1996, cc. 755, 914; 2000, cc. 954, 981, 988; 2001, c. 853.
Notes of Decisions
Austin v. Commonwealth, 590 S.E.2d 68 (Va. Ct. App. 2003).
· cites it 5× “*36 On September 24, 2001, Austin was released from the Department of Juvenile Justice on parole pursuant to Code § 16.1-285. On the following day, September 25, 2001, the Circuit Court of Franklin County entered an order pursuant to Code §§ 16.”
Thomas v. Commonwealth, 419 S.E.2d 606 (Va. 1992).
· cites it 2× “the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.”
Harlow v. Clatterbuck, 339 S.E.2d 181 (Va. 1986).
· cites it 4× “1-180 (now Code § 16.1-285), Boyd was committed on October 12, 1976, to the Department for an indeterminate period, not to extend beyond his 21st birthday.”
A.A.B., a Minor v. Commonwealth of Virginia (Va. Ct. App. 2018).
· cites it 4× “1-285 provides that “all commitments under this chapter shall be for an indeterminate period having regard to the welfare of the juvenile and interests of the public, but no juvenile committed hereunder shall be held or detained longer than thirty-six continuous months or after…”
Ashley Nicole Jarrett v. Commonwealth (Va. Ct. App. 2003).
· cites it 2× “See Code § 16.1-285. Thus, if Jarrett believes DJJ failed to credit her for time served in accordance with the trial court's order or denied her due process, her claim of error is against DJJ and direct appeal to this Court is not the appropriate method to address the claim.”
Commonwealth v. T. D. S., 74 Va. Cir. 455 (Loudoun Cir. Ct. 2008).
· cites it 2× “Pursuantto Va. Code Ann. § 16.1-285 , the legislature has specifically provided that commitments to the Department of Juvenile Justice in cases of murder and manslaughter are for an indeterminate period of detention and confinement not to exceed the child’s twenty-first birthday.”
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