SB205: Reverse Waiver

SB 205 has been referred to the Crime Commission.

SB 205: Reverse Waiver

The MAJDC supports this bill because it gives juveniles the right to appeal cases transferred directly by a prosecutor to circuit court which would help to return inappropriately transferred juveniles to juvenile court  There is currently no mechanism to challenge these transfers by the juvenile or the circuit court.

Liveblog: Senate Criminal Subcommittee

The Senate Courts of Justice, Criminal Subcommittee, is currently considering a number of juvenile-related bills.

• SB 259, pertaining to the detention of transferred juveniles in adult facilities, is reported.
• SB 585, providing counsel to juveniles, is amended to conform more closely with the adult statute, 53.1-40.  It is then reported.
• SB 587, retaining the Juvenile & Domestic Relations Court’s jurisdiction over juveniles in the custody of the Department of Juvenile Justice, is struck, at the motion of Sen. Marsden.
• SB 205, reverse waiver, is currently under consideration. has been tabled until at least Monday’s meeting.

More updates to come as bills are considered.

UPDATE 9:25am:  The committee has finished its consideration of juvenile bills for the day.

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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