Regulation Governing Juvenile Correctional Centers
Time Waiver Request
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Since more than 180 days have passed since the end of the
stage, a Time Frame Waiver must be granted by the Governor's office.
This waiver was requested on 4/9/2012
Agency Reason: The Board regulates three types of facilities (juvenile correctional centers, juvenile secure detention centers, and juvenile group homes) that are governed by two sets of regulations (6VAC35-140 and 6VAC35-51). The proposed regulations (1) separate and consolidate the provisions for each type of facility and (2) reflect changes recommended through a comprehensive review of the applicable provisions by multidisciplinary committees.
NOIRAs on these regulations were published on May 11, 2009. No public comments were received on the NOIRAs relating to juvenile detention centers and juvenile group homes; comments were submitted on the NOIRA relating to juvenile correctional centers.
The Board approved proposed drafts at its September 9, 2009, Board meeting. All three regulations were published in the Virginia Register on February 2, 2010, and a 65-day public comment period was open through April 7, 2010, during which a public hearing was held. Comments were received on all three proposed regulations during the public comment period and were reviewed by the applicable committees.
At its June 9, 2010, meeting, the Board approved all three regulations, with amendments, for advancement to the Final Stage of the regulatory process. In the Executive Branch Review, one change to each regulation was recommended.
The Board, at its June 29, 2011 special meeting, insisted on the language as approved in June 2010. At its January 10, 2012 meeting, the Board proposed different language for sections 6VAC35-41-560, 6VAC35-71-550, 6VAC35-101-650. That language is reflecting in the draft language and accompanying documents and currently subject to the Executive Branch review.
The regulation was originally timely submitted. At this time, the new language is incorporated, requiring a second Executive Branch review. As such, due to the unique circumstances of this regulation, a waiver to the required timeframes is requested.
The request was approved on 9/14/2012