VirginiaSB642026 Regular SessionSenate

Juveniles; commitment to DJJ, petition to extend duration of indeterminate commitment.

Sponsored By: Barbara A. Favola (Democratic)

Became Law

Summary

Department of Juvenile Justice; commitment of juveniles to Department; petition to extend duration of indeterminate commitment. Creates a process by which the Department of Juvenile Justice, upon determining that a juvenile currently committed to the Department should continue such commitment beyond the high end of the length of stay guidelines established by the State Board of Juvenile Justice, may petition the court that ordered a juvenile's indeterminate commitment to the Department to extend such juvenile's commitment. The bill requires the Department to file such petition at least 60 days prior to the expiration of the high end of the length of stay range, along with a report on the juvenile's progress. If the Department determines fewer than 60 days before expiration that an extension is necessary, it shall file a petition for review that includes a statement explaining the specific circumstances causing the late filing. The bill provides that the court shall schedule a hearing on the petition at which the court shall consider such progress report and may consider additional evidence as described in the bill. The bill provides that, at the conclusion of the hearing, the court shall order either that the juvenile be released or that the juvenile's period of commitment be extended for a period not to exceed six months, provided that such extension does not exceed the limitations for an indeterminate commitment provided by current law. As introduced, this bill was a recommendation of the Virginia Commission on Youth.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Tighter limits on juvenile commitments

The law narrows who can be sent to juvenile justice custody. Only children age 11 or older who committed certain listed acts, or any child 14 or older, may be committed. Before an open-ended commitment, the judge must review the department’s stay guidelines, decide if restraint is needed, and consider if other programs can help. Courts may not split or share custody with local social services at the same time. If an earlier investigation was waived, the court must order one and it must be finished within 15 days after commitment.

Immediate transfer to adult corrections

If someone in juvenile custody is sentenced to an active adult prison term, they move to the adult corrections system right away when the sentence is read.

Longer stays require court review

If the department wants to keep a child past the high end of its stay range, it must ask the court. It must file the petition at least 60 days before that date and before each later review, or explain any late filing. The court sets a hearing, appoints a lawyer for the child, and the prosecutor tells the victim or family. The petition must include a progress report on housing, services, treatment and school progress, any danger, aftercare plans, and when services are available. The youth and staff can attend in person or by two-way video and audio. The judge may hear from probation, treatment staff, the child, family, and others, and records stay confidential. After the hearing, the judge may extend up to 6 months or release the child with terms. Any longer extension needs a new petition, and the order cannot be appealed.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 164 • No: 54

House vote 3/4/2026

Passed House

Yes: 64 • No: 35

House vote 2/27/2026

Reported from Public Safety

Yes: 15 • No: 7

House vote 2/26/2026

Subcommittee recommends reporting

Yes: 5 • No: 2

House vote 2/19/2026

Referred from Health and Human Services and referred to Public Safety (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/28/2026

Read third time and passed Senate

Yes: 30 • No: 10

Senate vote 1/27/2026

Engrossed by Senate as amended (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/27/2026

Rehabilitation and Social Services Amendments agreed to

Yes: 0 • No: 0

Senate vote 1/26/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 38 • No: 0

Senate vote 1/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/23/2026

Reported from Rehabilitation and Social Services with amendments

Yes: 12 • No: 0 • Other: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0877)

    4/13/2026Governor
  2. Approved by Governor-Chapter 877 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB64)

    3/11/2026Senate
  6. Bill text as passed Senate and House (SB64ER)

    3/10/2026Senate
  7. Enrolled

    3/10/2026Senate
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed House (64-Y 35-N 0-A)

    3/4/2026House
  11. Read third time

    3/4/2026House
  12. Read second time

    3/3/2026House
  13. Reported from Public Safety (15-Y 7-N)

    2/27/2026House
  14. Subcommittee recommends reporting (5-Y 2-N)

    2/26/2026House
  15. Assigned HMPPS sub: Subcommittee #2

    2/24/2026House
  16. Referred from Health and Human Services and referred to Public Safety (Voice Vote)

    2/19/2026House
  17. Referred to Committee on Health and Human Services

    2/4/2026House
  18. Read first time

    2/4/2026House
  19. Placed on Calendar

    2/4/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB64)

    1/28/2026Senate
  21. Read third time and passed Senate (30-Y 10-N 0-A)

    1/28/2026Senate
  22. Engrossed by Senate as amended (Voice Vote)

    1/27/2026Senate
  23. Rehabilitation and Social Services Amendments agreed to

    1/27/2026Senate
  24. Read second time

    1/27/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    1/26/2026Senate

Bill Text

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