16.1-273 - Court may require investigation of social history and preparation of victim impact statement. - Virginia Statutes

§ 16.1-273. Court may require investigation of social history and preparationof victim impact statement.

A. When a juvenile and domestic relations district court or circuit court hasadjudicated any case involving a child subject to the jurisdiction of thecourt hereunder, except for a traffic violation, a violation of the game andfish law or a violation of any city ordinance regulating surfing orestablishing curfew violations, the court before final disposition thereofmay require an investigation, which (i) shall include a drug screening and(ii) may, and for the purposes of § 16.1-278.7 shall, include the physical,mental and social conditions, including an assessment of any affiliation witha criminal street gang as defined in § 18.2-46.1, and personality of thechild and the facts and circumstances surrounding the violation of law.However, in the case of a juvenile adjudicated delinquent on the basis of anact committed on or after January 1, 2000, which would be a felony ifcommitted by an adult, or a violation under Article 1 (§ 18.2-247 et seq.) orArticle 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and suchoffense would be punishable as a Class 1 or Class 2 misdemeanor if committedby an adult, the court shall order the juvenile to undergo a drug screening.If the drug screening indicates that the juvenile has a substance abuse ordependence problem, an assessment shall be completed by a certified substanceabuse counselor as defined in § 54.1-3500 employed by the Department ofJuvenile Justice or by a locally operated court services unit or by anindividual employed by or currently under contract to such agencies and whois specifically trained to conduct such assessments under the supervision ofsuch counselor.

B. The court also shall, on motion of the attorney for the Commonwealth withthe consent of the victim, or may in its discretion, require the preparationof a victim impact statement in accordance with the provisions of §19.2-299.1 if the court determines that the victim may have sufferedsignificant physical, psychological or economic injury as a result of theviolation of law.

(Code 1950, § 16.1-164; 1956, c. 555; 1972, cc. 672, 835; 1973, c. 440; 1977,cc. 559, 627; 1993, c. 603; 1998, cc. 783, 840; 1999, cc. 350, 891, 913;2000, cc. 1020, 1041; 2005, c. 843; 2007, c. 510.)