Virginia Regulatory Town Hall
Agency
Department of Juvenile Justice
 
Board
Department (Board) of Juvenile Justice
 
Guidance Document Change: This action updates the Guidelines for Determining the Length of Stay for Juveniles Indeterminately Committed to the Department of Juvenile Justice. The proposed changes seek to more adequately address the treatment needs of indeterminately committed youth, ensure that projected lengths of stay are proportionate to the severity of the underlying offense, lend additional accountability to the process, and, through the use of enhanced vocational and educational requirements, better equip the youth for a successful transition into the community upon release.
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12/28/22  11:44 am
Commenter: Alicia Milligan, Chief Deputy Commonwealth's Attorney for Albemarle County

Comment on Proposed DJJ LOS Guidelines
 

I have serious concerns about the significant increase in the proposed length of stay guidelines proposed by DJJ.  It is my understanding that evidence based research shows that longer periods of detention increase recidivism.  Under the current guidelines, committed youth must complete recommended programming before release, so I am not sure why a longer stay is necessary.  In addition, the availability of a serious offender commitment is always an option for any youth who has demonstrated a need for a longer period of detention.  Finally, requiring a youth to demonstrate a lengthy period of consistent good behavior before considering release is likely unrealistic and will result in even longer periods of detention and worse behavior.   

In the past several months, I have observed that the new DJJ guidelines that require mandatory detention for youth who commit specific offenses has caused significant trauma to young people with no prior history of delinquency or with mental health issues.  In my experience, removing the ability of local Court Services officers to exercise discretion in issuing detention orders has been extremely problematic.  Taking away the discretion of DJJ officers to make holistic decisions about when a youth is ready for release will have the same effect.  As a local prosecutor, I retain the ability to voice my own concerns as well as those of the community and victims regarding the proposed release of a juvenile offender if it is appropriate and warranted.

CommentID: 206810