Unbalanced Youth Justice

The Burns Institute is in pursuit of an equitable and excellent youth justice system. A system used sparingly and appropriately.  We know that our current youth justice system is not equitable, excellent, or used sparingly and appropriately. More than 47,000 youth were incarcerated on any given night in 2015, most (73 percent) for non-violent offenses. The majority (69 percent) of those incarcerated were youth of color.  Learn more »

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One-day count

Data in this section show how many youth are detained, committed, or otherwise sleeping somewhere other than their homes per orders of the court on "any given day" in select years. Data is available for the nation and on a state-by-state basis, and are based upon one-day counts of youth in residential placement facilities conducted in 1997, 1999, 2001, 2003, 2006, 2007, 2010, 2011, 2013, and 2015. Learn more »

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Year White Black Latino Native American Asian Other All youth of color All youth

Annual decision points

This section includes data at nine key juvenile justice annual decision points. Data are available at the county and state-level, but only for counties that report. This section allows you to view the data from many different angles and all of the data is broken down by race and ethnicity. Learn more »

Year

Data not available for every year. (Why?)

Available years are those for which states have submitted data to OJJDP. States do not submit data on an annual basis.

Case flow diagram

Click on a decision-making point to see the data for that point. Click additional decision-making points to the graph to compare.

  1. Youth population

  • 1Comparison of arrest to population is rate per 1,000 youth. All other annual decision points are rate per 100 youth at the prior decision-making point.
  • 2Due to differences in how states define arrests and referrals to court, some states may have more referrals to court than arrests.
Show table and download this data

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Decision White Black Latino American Indian or Alaskan Native Hawaiian or Pacific Islander Asian Other All youth of color All youth

50 of 147 counties (Why?)

Originally, states were only required to examine three counties: those with the greatest proportions of minority youth within their juvenile population, as well as those that contained the greatest numbers of minority youth. Only recently has OJJDP required that states track DMC data for all potential DMC reduction sites on a regular basis (at least every 3 years). If a county is not a DMC reduction site, data may not be available.

Detention statute

Juvenile courts may hold delinquents in a secure detention facility if the court believes it is in the best interest of the community or the child. After arrest a youth is often brought to the local juvenile detention facility by law enforcement. Juvenile probation officers or detention workers review the case and decide if the juvenile should be held pending a hearing by a judge.

Jurisdiction ages

  • 0–17
  • Extended Age of Delinquency Jurisdiction: 20

Age of detention

  • 11–17
  • Extended Age of Detention Jurisdiction: 20

Standard for detention

A. A juvenile taken into custody whose case is considered by a judge, intake officer or magistrate pursuant to § 16.1-247 shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody and control of such juvenile's parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such juvenile, either on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or under such conditions as may be imposed or otherwise. However, at any time prior to an order of final disposition, a juvenile may be detained in a secure facility, pursuant to a detention order or warrant, only upon a finding by the judge, intake officer, or magistrate, that there is probable cause to believe that the juvenile committed the act alleged, and that at least one of the following conditions is met:

1. The juvenile is alleged to have (a) violated the terms of his probation or parole when the charge for which he was placed on probation or parole would have been a felony or Class 1 misdemeanor if committed by an adult or (b) committed an act that would be a felony or Class 1 misdemeanor if committed by an adult, and there is clear and convincing evidence that:

a. Considering the seriousness of the current offense or offenses and other pending charges, the seriousness of prior adjudicated offenses, the legal status of the juvenile and any aggravating and mitigating circumstances, the liberty of the juvenile, constitutes a clear and substantial threat to the person or property of others;

b. The liberty of the juvenile would present a clear and substantial threat of serious harm to such juvenile's life or health; or

c. The juvenile has threatened to abscond from the court's jurisdiction during the pendency of the instant proceedings or has a record of willful failure to appear at a court hearing within the immediately preceding 12 months.

2. The juvenile has absconded from a detention home or facility where he has been directed to remain by the lawful order of a judge or intake officer.

3. The juvenile is a fugitive from a jurisdiction outside the Commonwealth and subject to a verified petition or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323 while arrangements are made to return the juvenile to the lawful custody of a parent, guardian or other authority in another state.

4. The juvenile has failed to appear in court after having been duly served with a summons in any case in which it is alleged that the juvenile has committed a delinquent act or that the child is in need of services or is in need of supervision; however, a child alleged to be in need of services or in need of supervision may be detained for good cause pursuant to this subsection only until the next day upon which the court sits within the county or city in which the charge against the child is pending, and under no circumstances longer than 72 hours from the time he was taken into custody. If the 72-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.

When a juvenile is placed in secure detention, the detention order shall state the offense for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges.

B. Any juvenile not meeting the criteria for placement in a secure facility shall be released to a parent, guardian or other person willing and able to provide supervision and care under such conditions as the judge, intake officer or magistrate may impose. However, a juvenile may be placed in shelter care if:

1. The juvenile is eligible for placement in a secure facility;

2. The juvenile has failed to adhere to the directions of the court, intake officer or magistrate while on conditional release;

3. The juvenile's parent, guardian or other person able to provide supervision cannot be reached within a reasonable time;

4. The juvenile does not consent to return home;

5. Neither the juvenile's parent or guardian nor any other person able to provide proper supervision can arrive to assume custody within a reasonable time; or

6. The juvenile's parent or guardian refuses to permit the juvenile to return home and no relative or other person willing and able to provide proper supervision and care can be located within a reasonable time.

Detention hearing timeline

Va. Code Ann. § 16.1-250.

On the next business day when the court sits in the city or county where the child is taken into custody.

If the court does not sit on the next day, no later than 72 hours.

Contact

Please email Anna Wong with any updates to contact information for your DMC coordinator, JJS coordinator, or DMC subcommittee chair.

DMC coordinator

Tracey L. Jenkins
Department of Criminal Justice Services
1100 Bank Street
Richmond, VA 23219
Phone: 804-692-0977
Fax: 804-786-3414
tracey.jenkins@dcjs.virginia.gov

Website

JJS coordinator

Tracey L. Jenkins
Department of Criminal Justice Services
1100 Bank Street
Richmond, VA 23219
Phone: 804-692-0977
Fax: 804-786-3414
tracey.jenkins@dcjs.virginia.gov

DMC subcommittee chair

There is currently no DMC subcommittee chair

Reform efforts

States that wish to post their most recent three-year plans or share other relevant publications about their reform work should contact Anna Wong. We would be happy to link to relevant documents and information.

State plan

There is no link available to the current State Plan

The State Plan includes:

  • Repeating the Statewide Assessment 
  • Encouraging localities take responsibilities for DMC
  • Prioritizing DMC
  • Conference for schools with high disciplinary issues targeting DMC
  • Making use of the intake assessment

State Advisory Group (SAG)

The Advisory Committee on Juvenile Justice is responsible for reviewing the operation of the juvenile justice system in Virginia, for recommending needs and priorities for the development and improvement of the juvenile justice system, for recommending grant awards, and for advising the Governor on matters related to the Juvenile Justice and Delinquency Prevention Act.

The Advisory Committee reports to the Criminal Justice Services Board, the governing board of the Virginia Department of Criminal Justice Services (DCJS). The Advisory Committee makes recommendations to the Criminal Justice Services Board on awards under three federal JJDP Act grants: Title II Formula Grants, Title V Delinquency Prevention Grants, and Juvenile Accountability Block Grants. It also approves funding priorities for Part E Challenge funds .

SAG chair

Keven Appel
5600 7th Street South
Arlington, VA 22204
Phone: 703-248-9450
Kraesq@comcast.net
Website

Organizational structure

Members of the Advisory Committee on Juvenile Justice are appointed by the Governor . The Committee is composed of individuals who are knowledgeable about the prevention and treatment of juvenile delinquency and the juvenile justice system. It includes representatives of local law enforcement, juvenile justice agencies, state and local government, judges, counsel for children, and other citizens, including youth. Membership requirements are specified in the federal Juvenile Justice and Delinquency Prevention Act.

Committees

  • DMC
  • Grants
  • Spirit of Youth
  • Nominations (as needed)

Membership

As of June, 2006

Citizen appointees

  1. Wayne Thomas (Chair)
  2. Justin Wilson (Vice-Chair, Youth Member)
  3. Benjamin J. Andrews
  4. Kevin Appel
  5. Hon. Warner D. (Dave) Chapman
  6. Monica Estrada
  7. Peter Feddo (Youth Member)
  8. Matthew Gowin (Youth Member)
  9. Eileen Grey
  10. Scott Grimes
  11. Dr. Jay W. Malcan
  12. Charles S. Martin
  13. Kevin Massengill
  14. Sophia McEachin (Youth Member)
  15. Daniel L. Plaugher (Youth Member)
  16. Hon. Charles Phelps
  17. Professor Robert E. Shepherd Jr.
  18. Ruby G. Turner
  19. Hon. Sharon Breeden Will
  20. Captain Barry Wittig
  21. Gina E. Wood

Legislative appointees

  1. Honorable Linda T. Puller
  2. Honorable Robert F. McDonnell

State government representatives

  1. Dr. Patricia White, Superintendent
  2. Anthony Conyers, Commissioner
  3. Barry Green, Director
  4. James S. Reinhard, Commissioner

About the data

Our website is populated by data provided to us by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Continue reading for details about the One-day count and Annual decision points data.

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Complete downloads of the data are available in several formats:

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