16.1-277.1 - Time limitation. - Virginia Statutes

§ 16.1-277.1. Time limitation.

A. When a child is held continuously in secure detention, he shall bereleased from confinement if there is no adjudicatory or transfer hearingconducted by the court for the matters upon which he was detained withintwenty-one days from the date he was first detained.

B. If a child is not held in secure detention or is released from same afterhaving been confined, an adjudicatory or transfer hearing on the matterscharged in the petition or petitions issued against him shall be conductedwithin 120 days from the date the petition or petitions are filed.

C. When a child is held in secure detention after the completion of hisadjudicatory hearing or is detained when the juvenile court has retainedjurisdiction as a result of a transfer hearing, he shall be released fromsuch detention if the disposition hearing is not completed within thirty daysfrom the date of the adjudicatory or transfer hearing.

D. The time limitations provided for in this section shall be tolled duringany period in which (i) the whereabouts of the child are unknown, (ii) thechild has escaped from custody, or (iii) the child has failed to appearpursuant to a court order. The limitations also may be extended by the courtfor a reasonable period of time based upon good cause shown, provided thatthe basis for such extension is recorded in writing and filed among thepapers of the proceedings. For the purposes of this section, good causeincludes, but is not limited to, extension of limitations necessary to obtainthe presence of a witness to testify regarding the results of scientificanalyses or examinations.

(1985, c. 260; 1988, c. 220; 1999, c. 58; 2009, Sp. Sess. I, cc. 1, 4.)