CHAPTER 190

REGULATIONS GOVERNING JUVENILE WORK [ AND EDUCATIONAL ] RELEASE PROGRAMS

6VAC35-190-10. Definitions.

Unless the context clearly requires a different understanding, the following terms shall have the meanings indicated when used in this regulation.

[ "Department" means the Department of Juvenile Justice. ]

"Educational release program" [ or "rehabilitative release program" ] means a program whereby [ wards residents ] of the [ Department of Juvenile Justice department ] who meet the minimum eligibility criteria [ for a work release program, ] and who the director determines may receive substantial benefit from the activity, may be approved to participate in educational or other community activity programs not available within a [ juvenile correctional center facility ].

[ "Facility" means a juvenile residential facility or a secure facility defined in §16.1-228 of the Code of Virginia operated or contracted for by the department, an alternative placement for residents under the direct custody of the department, or a detention home operating a postdispositional detention program serving residents sentenced under subdivision A 16 of §16.1-278.8 and subdivision B of §16.1.284.1 of the Code of Virginia. ]

"Furlough" means a temporary, short-term, authorized absence from a [ secure custody ] facility for a specific purpose. A furlough extends the physical limits of confinement to include the place or places in the community that the [ ward resident ] is given specific permission to visit.

[ "Rehabilitative release program" means a program whereby residents of the department who meet the minimum eligibility criteria and who the director determines may receive substantial benefit from the activity, may be approved to participate in rehabilitative release activities or other community activity programs not available within a facility.

"Resident" means an individual, both a juvenile or an adult, who is or was committed to the department pursuant to §16.1-285.1 or subdivision A 14, A 16, or A 17 of §16.1-278.8 of the Code of Virginia and is residing in a facility operated or contracted for by the department or placed in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of §16.1-278.8 and subsection B of §16.1-284.1 of the Code of Virginia. ]

"Work release program" means a program whereby [ wards residents ] of the [ Department of Juvenile Justice department ] who meet specified eligibility criteria may be approved for employment [ for wages ] by private individuals, corporations, or state [ or local ] agencies at places of business, as provided for in [ §66-25.1:3 §§66-25.1:2 and 66-25.1:3 ] of the Code of Virginia [ or by local agencies at places of business or to improve, repair, work on, or cultivate public or private property or buildings as provided for in §66-25.1:2 of the Code of Virginia ].

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-20. Policy and purpose.

A. It is the policy of the Commonwealth of Virginia to provide [ juveniles residents ] committed to the [ Department of Juvenile Justice department ] with job training opportunities, consistent with [ the ] protection of [ the ] public safety, so as to facilitate [ their the residents' ] reintegration into their communities as productive citizens upon release from commitment.

B. The purpose of the career-related programs, training, and services governed by this regulation is to assist [ juveniles residents ] in acquiring necessary work habits, developing marketable skills, and identifying career goals through a broad range of career opportunities and mentoring and apprenticeship programs. [ Work training opportunities may include but need not be limited to, business, industrial, agricultural, highway maintenance and construction, and other arrangements whereby juveniles may be employed to improve, repair, work on, or cultivate public or private property or buildings. ]

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-30. Assessing a [ ward's resident's ] suitability for program participation.

A. Department case management procedures shall provide a process for assessing the suitability of individual [ wards residents ] for [ work release, educational release, and other ] programs authorized by [ this regulation §§65-25.1:2 and 66-25.1:3 of the Code of Virginia ], subject to eligibility criteria established by 6VAC35-190-40.

B. The assessment shall include:

1. A review of the [ ward's resident's ] offense history and [ his ] behavior during commitment;

2. The completion of an objective risk assessment of the [ juvenile''s resident's ] likelihood to reoffend; [ and ]

3. An assessment of the [ juvenile''s resident's ] suitability for the particular [ community release authorized ] program [ in the community ], including, if applicable, the [ ward's resident's ] proficiency in a trade or occupation related to a work [ or educational ] release program.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-40. Eligibility criteria.

A. In accordance with department case management procedures, [ wards residents ] may be approved to participate in [ a work release, educational release, or other rehabilitative program authorized programs ] in the community when they meet the following eligibility criteria:

[ 1. The ward must be at least 16 years of age.

2. 1. ] The [ ward resident ] must have been in [ the ] direct care [ of the department ] for a minimum of 90 days.

[ 3. 2. ] The [ ward resident ] must not have committed a moderate institutional offense during the previous 30 days [ , nor or ] a major institutional offense within the previous 90 days.

[ 4. 3. ] A [ ward resident ] who previously escaped from a secure setting shall not be eligible for participation in a release program.

[ 5. 4. ] A [ ward resident ] who is determinately committed as a serious offender pursuant to [ subdivision A 17 of §16.1-278.8 or ] §16.1-285.1 of the Code of Virginia [ , ] may participate in a release program only with written authorization of the committing court.

[ 6. 5. ] A [ ward resident ] who is committed for a violent juvenile felony as defined pursuant to §16.1-228 of the Code of Virginia may be recommended to participate, but must be approved by the director of the department or his designee, in accordance with case management procedures.

[ 7. 6. ] A [ ward resident ] requiring the highest level of supervision according to the department's classification system, shall not be eligible to participate in a release program.

[ 8. 7. ] A [ ward resident ] whose scores on an objective risk assessment instrument [ indicates indicate ] a high risk of reoffending may participate in a release program only with the approval of the director.

[ 9. 8. ] A [ ward resident ] who is subject to compulsory education shall not be eligible except on a part-time basis consistent with applicable child labor laws and with the concurrence of the school authority.

B. [ Wards Residents ] shall meet the established eligibility requirements prior to being released to participate in the program.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-50. Written procedures for accountability of participants.

Written procedures shall ensure the accountability of participants and provide for supervision in the community. Such procedures shall include [ , ] at a minimum:

1. Provisions for a daily count of participating [ wards residents ];

2. Methods for determining and identifying [ wards residents ] who are authorized to leave the facility;

3. Provisions for a controlled sign-out and sign-in process;

4. Methods for verifying the [ ward's resident's ] location within the community, which may include telephone contact, random field visits, or global positioning systems technology; and

5. Written procedure, approved by the facility's health authority, that either permits or prohibits self-medication by [ wards residents ] when they are away from the facility.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-60. Conditions for offender participation in a work release program.

[ Ward Resident ] participation in a work release program shall conform to the following specific conditions.

1. Participation by the [ ward resident ] shall be on a voluntary basis.

2. [ Wards Residents ] may be required to apply and interview for a position with a participating entity, and to be accepted by the entity [ , ] as a condition of placement.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC35-190-70. Conditions for employing, supervising, or training entity.

[ A public or private entity providing employment, supervision, or training as part of a work release program shall be responsible for ensuring that:

1. Rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.

2. Designated staff at the ward's facility will be promptly notified if the work release participant is subject to employee discipline; fails to report to work as scheduled; leaves the work area without permission; receives or places nonbusiness telephone calls; or uses or appears to be under the influence of alcohol or other drugs.

A. If the department enters into an agreement with a public or private entity for the purposes of a work program pursuant to §§66-25.1:2 and 66-25.1:3 of the Code of Virginia, the agreement shall comply with all applicable federal and state laws and regulations, including but not limited to the Fair Labor Standards Act (29 USC §201 et seq.), child labor laws, workers'' compensation insurance laws, and the Standards for Interdepartmental Regulation of Children''s Residential Facilities (22VAC42-10) relating to work and employment.

B. The department shall develop procedures to address how residents will be hired and supervised, including:

1. The application and selection process;

2. The qualifications required of residents hired;

3. Evaluation of each resident''s job-related behaviors and attitudes, attendance and quality of work; and

4. Whether and how either party may terminate a resident''s participation.

C. The department shall develop procedures to address resident''s compensation including:

1. Provisions for the disbursement of earnings in accordance with subsection C of §66-25.1:3 of the Code of Virginia; and

2. If applicable, how deductions shall be made from the resident's compensation for subsistence payments, fines, restitution, or court costs in accordance with subsection C of §66-25.1:3 of the Code of Virginia. ]

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-80. Conditions for [ ward resident ] participation in educational release or rehabilitative release program.

[ Ward Resident ] participation in an educational release or rehabilitative release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court.

1. Participation by an indeterminately committed [ ward resident ] shall be voluntary and may be subject to an application, interview, and approval process by the entity conducting the program.

2. Participation of a determinately committed [ ward resident ] must be approved in writing by the committing court. The department may recommend that the [ ward resident ] be approved for participation.

3. Classes, meetings, or training sessions shall be on a regularly scheduled basis.

4. Other conditions shall not be more restrictive on the [ ward resident ] than those required by other participants, unless specifically authorized by this regulation.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-90. Furlough.

Participants in the work release, educational release, or rehabilitative release programs may be considered for furlough. Written procedures shall govern the granting of furloughs in accordance with the provisions of §66-25.1:4 of the Code of Virginia.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-100. Earnings.

All earnings shall be received [ , ] and disbursed in accordance with subsection C of §66-25.1:3 of the Code of Virginia.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.

6VAC35-190-110. Removing participants from program.

Written procedures shall establish the criteria and process for removing a participant from the program.

1. Procedures shall include provisions for an impartial hearing for the participant.

2. Procedures shall include provisions for the appeal of the removal.

3. Documentation shall reflect that this information was explained to all participants when they were assigned to the program.

Statutory Authority

§§66-10 and 66-25.1:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 31, 2007.