Transfer bills postponed

After lengthy debate at today’s subcommittee meeting, the various transfer bills before the Senate have been postponed for later consideration.

Sens. Edwards and McDougle will be discussing a mechanism by which to reconcile their various bills with the hope of getting a unanimous recommendation by Monday afternoon’s hearing.

Many members of the subcommittee, including Sen. Deeds and Sen. McDougle, indicated a reluctance to proceed on these measures before the Crime Commission finishes their study on the issue.

SB 160: Office of the Children’s Ombudsman

Creates the Office of the Children’s Ombudsman to provide ombudsman services, for children, parents, and citizens involved with child-serving agencies. Examples of a child-serving agency includes the Department of Social Services, the Department of Juvenile Justice, the Department of Education, the Department of Correctional Education, the Department of Behavioral Health and Developmental Services, the Office of Comprehensive Services for At-Risk Youth and Families, and the Department of Health, among others. The duties of the ombudsman include: (1) duty to investigate and mediate complaints regarding a child-serving agency, (2) duty to inspect private and public facilities or residences where a child has been placed by a court or a child-serving agency, (3) duty to notify law enforcement and the commonwealth attorney when he or she has reason to believe a violation of state criminal law has occurred or is occurring in a secure facility, shelter care facility, or detention home, as defined in § 16.1-228, or residential public charter school, (3) duty to notify director or commissioner of the department responsible for licensing or regulating such facility when he or she has reason to believe a violation of state law has occurred or is occurring in a state facility, (4) duty to report Report to the head of any agency any serious problem, abuse, or deficiency related to that agency, or any programs or facilities operated by that agency, at such time as the problem, abuse, or deficiency is discovered by the ombudsman, (5) duty to promote continuous improvement in the administration of children’s services, (6) duty to serve as a source of information and referrals for children, parents, caregivers, providers, and citizens involved with child-serving agencies, (7) duty to apply for and accept grants from the United States government, agencies, etc., (8) keep the Governor, General Assembly, and the Commission on Youth informed by means of reports. Powers of the ombudsman include: (1) power to access information, including confidential information in the investigation of complaints, (2) power to obtain assistance in connection with a complaint.

SB 205:Reverse Waiver

SB205 has been offered to give juveniles the right, in certain violent felony cases, to appeal to the Circuit Court the Commonwealth Attorney’s decision to certify that juvenile’s case be transferred to circuit court. If an appeal is made, the circuit court is to conduct a hearing on the merits using the same factors used by the Juvenile and Domestic Relations Courts when conducting a transfer hearing.

Previously, juveniles transferred to adult court had no right to appeal the transfer decision.

Committee: Courts of Justice

Subcommittee: Criminal

Patron: Sen. Edwards

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