dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-800. Duty to insure payment of compensation; effect of insurance.
A. Every employer subject to the compensation provisions of this title shall insure the payment of compensation to his employees in the manner hereinafter provided. While such insurance remains in force he or those conducting his business shall only be liable to an employee for personal injury or death by accident to the extent and in the manner herein specified.

B. To ensure that all employers who are required to have workers' compensation insurance under this title have notice of such requirement, the appropriate official of a county, city, or town who licenses employers to conduct business under Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1 or the State Corporation Commission who charters employers to conduct business under § 12.1-12 shall provide employers requesting such licenses or charters on and after January 1, 1989, with information concerning statutory requirements for such insurance coverage. The Workers' Compensation Commission shall prepare such information and distribute it to such licensing or chartering officials. The failure of the local official or the State Corporation Commission to give such notice to an employer shall not relieve the employer of the duty of acquiring insurance as required by this title.

C. As used in this section, the words "those conducting his business" shall include any person whose act results in an injury or death compensable under this title and arises out of and in the course of employment by an employer who is or may be liable for the payment of compensation. A person other than an employer or statutory employer, or a person employed by either, whose acts result in such injury or death shall be deemed an "other party" within the meaning of § 65.2-309.

Code 1950, § 65-99; 1968, c. 660, § 65.1-103; 1977, c. 113; 1988, c. 543; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-803. Administrator and service company affiliation prohibited; exception.
A. No person, firm or corporation, which is engaged as an administrator for a group self-insurance association, shall be an employee, officer or director of, or have a direct or indirect financial interest in any person, firm or corporation which is engaged in the business of providing services for a group self-insurance association as a service company.

B. No person, firm or corporation, which is engaged in the business of providing services for a group self-insurance association as a service company, shall be an employee, officer or director of, or have a direct or indirect financial interest in, any person, firm or corporation which is engaged as an administrator for a group self-insurance association.

C. For purposes of this section, the term "firm" or "corporation" shall include any officer, director, or employee of any such firm or corporation.

D. This section shall not be construed to affect any contract, or extensions or renewals thereof, for services as an administrator or service company entered into by a group self-insurance association and effective prior to January 1, 1989.

1989, c. 662, § 65.1-104.3; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and 65.2-804.
A. If such employer fails to comply with the provisions of § 65.2-800 or 65.2-804, he shall be assessed a civil penalty of not more than $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000. Such employer also shall be liable during continuance of such failure to any employee either for compensation under this title or at law in a suit instituted by the employee against such employer to recover damages for personal injury or death by accident, and in any such suit such employer shall not be permitted to defend upon any of the following grounds:

1. That the employee was negligent;

2. That the injury was caused by the negligence of a fellow employee; or

3. That the employee had assumed the risk of the injury.

B. Any person who fails to comply with the provisions of § 65.2-803.1 shall be assessed a civil penalty of not less than $500 nor more than $5,000 for each instance of noncompliance, in addition to any other penalties applicable under this title.

C. The civil penalties herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases. Upon a finding by the Commission of such failure to comply, and after 15 days' written notice thereof sent by certified mail to the employer, if such failure continues, the Commission may order the employer to cease and desist all business transactions and operations until found by the Commission to be in compliance with the provisions of this chapter.

D. Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).

Code 1950, § 65-102; 1968, c. 660, § 65.1-106; 1970, c. 470; 1974, c. 314; 1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69; 2014, c. 204.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-806. Criminal penalties.
In addition to the civil penalties assessed pursuant to § 65.2-805, any employer who knowingly and intentionally fails to comply with the provisions of § 65.2-800 or 65.2-804 is guilty of a Class 2 misdemeanor.

Venue for the prosecution hereof when there is an injury shall lie in the county or city wherein the injury occurred.

1977, c. 434, § 65.1-106.1; 1991, c. 355; 2005, c. 69.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-807. Cost of insurance may not be deducted from wages.
It shall not be lawful for any employer to deduct from the wages of any of his employees any part of the cost of insurance as provided for in § 65.2-801 to insure liability, or to require or permit any of his employees to contribute in any manner toward such cost of insurance. For any violation of the provisions of this section, an employer shall be subject to a fine not exceeding $100 for each offense and shall refund to the individual employee the amount or amounts deducted or contributed. The fine herein provided may be assessed and the refund ordered by the Workers' Compensation Commission in an open hearing with the right of review and appeal as in other cases.

Code 1950, § 65-103; 1968, c. 660, § 65.1-107; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-808. Self-insurance certificate.
Whenever an employer has complied with the provisions of § 65.2-801 relating to self-insurance, the Workers' Compensation Commission shall issue to such employer a certificate which shall remain in force for a period fixed by the Commission. But the Commission may upon at least thirty days' notice and hearing to the employer revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the Commission may grant a new certificate to the employer upon his petition.

Code 1950, § 65-104; 1968, c. 660, § 65.1-108; 1979, c. 463; 1987, c. 343; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-809. Constructive notice to, jurisdiction of, and awards, etc., binding upon insurer.
All policies insuring the payment of compensation under this title must contain clauses to the effect (i) that as between the employer and the insurer notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge on the part of the insurer, (ii) that jurisdiction of the insured for the purposes of this title shall be jurisdiction of the insurer, and (iii) that the insurer shall in all things be bound by and subject to the awards, judgments or decrees rendered against such insured employer.

Code 1950, § 65-105; 1968, c. 660, § 65.1-109; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-810. How formal notice may be given.
Whenever by this title or the terms of any policy contract notice is required to be given by an employer to any insurance carrier, the same may be given by delivery or by mailing by registered letter properly addressed and stamped to the principal office or chief agent of such insurance carrier within this Commonwealth or to its home office, or to the secretary, general agent or chief officer thereof in the United States.

Code 1950, § 65-106; 1968, c. 660, § 65.1-110; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-811. Liability of insurer.
No policy of insurance against liability arising under this title shall be issued unless it contains the agreement of the insurer that it will promptly pay the person entitled to the same all benefits conferred by this title and all installments of the compensation that may be awarded or agreed upon and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation, enforceable in his name.

Code 1950, § 65-107; 1968, c. 660, § 65.1-111; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-812. Subrogation of insurance carrier to employer's rights; compromise.
When any employer is insured against liability for compensation with an insurance carrier, and such insurance carrier shall have paid any compensation for which the employer is liable or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; however, nothing herein shall be construed as conferring upon the insurance carriers any other or further rights than those existing in the employer at the time of the injury to his employee, anything in the policy of insurance to the contrary notwithstanding. No compromise settlement shall be made by the insurance carrier in the exercise of such right of subrogation without the approval of the Workers' Compensation Commission and the injured employee or the personal representative or dependents of the deceased employee being first obtained.

Code 1950, § 65-108; 1968, c. 660, § 65.1-112; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-813. Insurance deemed subject to title; approval of forms.
Every policy for the insurance of the compensation herein provided or against liability therefor shall be deemed to be made subject to the provisions of this title. No corporation, association or organization shall enter into any such policy of insurance unless its form shall have been approved by the Workers' Compensation Commission.

Code 1950, § 65-109; 1968, c. 660, § 65.1-113; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-813.1. Insurers offering policies with deductibles.
Every insurer against liability arising under this title offering and making available policies in which the insured pays a deductible, without regard to amount and including such policies with deductibles of $1,000 or less, shall provide in such policies that (i) the insurer shall pay all of the deductible amount applicable to a compensable claim under this title to the person or provider entitled thereto, (ii) the insurer shall then obtain reimbursement from the policyholder for the applicable deductible amount, and (iii) failure to reimburse deductible amounts by the policyholder to the insurer will result in the cancellation of the deductible endorsement.

1995, c. 237.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-813.2. Premium discounts; drug-free workplace programs.
Every insurer providing coverage pursuant to this title shall provide a premium discount of up to five percent to every employer instituting and maintaining a drug-free workplace program satisfying such criteria as each insurer may establish.

1997, c. 410; 2001, c. 280.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-814. Insurer to furnish written evidence of coverage on request.
Upon request of its insured, every insurer against liability arising under this title shall furnish to such insured, within five working days of receipt of said request, a certificate or other writing evidencing the effective coverage afforded such insured. Any insurer violating the provisions of this section shall be punished by a fine of $500.

1973, c. 254, § 65.1-113.1; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-815. Group self-insurance association required to furnish written evidence of membership.
Upon request of any member employer, a group self-insurance association shall furnish to such employer a certificate of membership or other written evidence of membership.

1979, c. 463, § 65.1-113.2; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-816. Title not applicable to boiler, etc., insurance.
This title shall not apply to policies of insurance against loss from explosion of boilers or fly wheels or other similar single catastrophe hazards.

Code 1950, § 65-110; 1968, c. 660, § 65.1-114; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-817. Rates; cooperation between State Corporation Commission and Workers' Compensation Commission.
Authority is hereby conferred upon the State Corporation Commission to make such arrangements with the Workers' Compensation Commission as may be agreeable to the Workers' Compensation Commission, for collecting, compiling, preserving and publishing statistical and other data in connection with the work of regulating workers' compensation insurance rates and for the division of the expenses thereof, to the end that duplication of work and expenditures may be avoided. Whenever it deems proper, with the consent of the Workers' Compensation Commission, the State Corporation Commission may appoint members of the Workers' Compensation Commission, or its employees, as special agents of the State Corporation Commission to take testimony and make reports with reference to any matter involving questions of workers' compensation insurance rates.

Code 1950, § 65-113; 1968, c. 660, § 65.1-117; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-818. Minimum standards of service for insurers.
The State Corporation Commission in cooperation with the Workers' Compensation Commission shall establish minimum standards of service for insurers writing workers' compensation policies in this Commonwealth, including but not limited to the servicing of such policies, the establishment of offices within the Commonwealth, and the payment of compensation.

1970, c. 470, § 65.1-117.1; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-819. Penalty for violation of certain provisions.
Any person or persons who shall in this Commonwealth (i) act or assume to act as agent for any such insurance carrier whose authority to do business in this Commonwealth has been suspended, while such suspension remains in force, (ii) fail to comply with requirements or standards imposed under §§ 65.2-817 and 65.2-818 or of Chapter 10 (§ 65.2-1000 et seq.) of this title, or (iii) willfully make a false or fraudulent statement of the business or condition of any such insurance carrier, or a false or fraudulent return as therein provided, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court or jury trying the case.

Code 1950, § 65-114; 1968, c. 660, § 65.1-117.1; 1970, c. 470; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-820. Application to State Corporation Commission for assignment of risk; insurer assigned risk to issue policy.
Every employer subject to the provisions of this chapter who has been unable to obtain a workers' compensation insurance policy shall have the right to apply to the State Corporation Commission to have his risk assigned to an insurance carrier licensed to write and writing workers' compensation insurance in this Commonwealth. The insurance carrier, whether stock, mutual, reciprocal or interinsurer or other type or form of organization, to whom any such risk is assigned shall issue a policy of workers' compensation insurance which will enable such employer to meet the requirements of this chapter.

Code 1950, § 65-114.1; 1956, c. 358; 1968, c. 660, § 65.1-119; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-821. State Corporation Commission to make rules and regulations, and establish rating schedules and rates.
A. The State Corporation Commission may make reasonable rules and regulations for the assignment of risks to insurance carriers. It shall establish such rate classifications, rating schedules, rates, rules and regulations to be used by insurance carriers issuing assigned risk workers' compensation policies in accordance with this chapter as appear to it to be proper.

B. In the establishment of rate classifications, rating schedules, rates, rules and regulations, it shall be guided by such principles and practices as have been established under its statutory authority to regulate workers' compensation insurance rates and it may act in conformity with its statutory discretionary authority in such matters.

Code 1950, § 65-114.2; 1956, c. 358; 1968, c. 660, § 65.1-120; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-822. Action by State Corporation Commission upon application.
The State Corporation Commission may, if in its judgment it deems such action to be justified after reviewing all information pertaining to the applicant or policyholder available from its records, the records of the Workers' Compensation Commission or from other sources:

1. Refuse to assign an application;

2. Approve the rejection of an application by an insurance carrier;

3. Approve the cancellation of a workers' compensation policy by an insurance carrier; or

4. Refuse to approve the renewal or the reassignment of an expiring policy.

Code 1950, § 65-114.3; 1956, c. 358; 1968, c. 660, § 65.1-121; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-823. Information filed with State Corporation Commission by insurance carrier to be confidential; exception.
Any and all information filed with the State Corporation Commission by an insurance carrier or a rate service organization in connection with an assigned risk shall be confidential and solely for the information of the State Corporation Commission and its staff and shall not be disclosed to any person, including an applicant, policyholder and any other insurance carrier.

However, at the discretion of the State Corporation Commission, such information may be disclosed to any agent or insurer licensed in the Commonwealth for the purpose of procuring coverage in the voluntary market. Such disclosure shall be limited to the insured's name, address, policy expiration, risk identification number, experience modification factor, governing classification, premium, information pertaining to whether the insured has locations in multiple states, and any other information the State Corporation Commission deems appropriate.

Code 1950, § 65-114.4; 1956, c. 358; 1968, c. 660, § 65.1-122; 1991, c. 355; 1993, c. 985.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 8 (INSURANCE AND SELF-INSURANCE)
§ 65.2-824. Disclosures not required of State Corporation Commission; liability for acts or omissions.
A. The State Corporation Commission shall not be required to disclose to any person, including the applicant or policyholder, its reasons for:

1. Refusing to assign an application;

2. Approving the rejection of an application by an insurance carrier;

3. Approving the cancellation of a workers' compensation policy by an insurance carrier; or

4. Refusing to approve the renewal or the reassignment of an expiring policy.

B. The State Corporation Commission shall not nor shall anyone acting for it be held liable for any act or omission in connection with the administration of the duties imposed upon it by the provisions of this chapter, except upon proof of actual malfeasance.

Code 1950, § 65-114.5; 1956, c. 358; 1968, c. 660, § 65.1-123; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 9 (REPORTS AND RECORDS)
§ 65.2-900. Records and reports of accidents.
A. Every employer shall keep a record of all injuries or deaths of its employees which occur in the course of employment. Within ten days after the occurrence of such injury or death, and knowledge of injury as provided in § 65.2-600, a report of the injury or death shall be made and transmitted to the Commission by the employer, its representative or, in the case of an insured employer, its insurance carrier, in accordance with regulations adopted by the Commission which may authorize the transmission of such reports in written, magnetic, electronic or facsimile media. The Commission shall provide forms and instructions for reporting as required by this section. The Commission shall provide the Department of Labor and Industry with such reports.

B. The accident report shall contain the name, nature and location of the business of the employer and the name, age, sex and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury and the nature and cause of the injury, together with such other information as may be required by the Commission. However, those injuries deemed minor by the Commission shall be reported in the manner prescribed by the Commission.

Code 1950, § 65-115; 1956, c. 351; 1968, c. 660, § 65.1-124; 1991, c. 355; 1995, c. 86.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 9 (REPORTS AND RECORDS)
§ 65.2-901. Report of number of employees, hours of work, etc.
Every employer shall upon request of the Commission report the number of its employees, hours of their labor and number of days of operation of business.

Code 1950, § 65-117; 1968, c. 660, § 65.1-126; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 9 (REPORTS AND RECORDS)
§ 65.2-902. Failure to make required reports; civil penalty.
A. Any employer, insurance carrier, self-insurer, group self-insurance association, or third party administrator who fails to make any report required by the Commission pursuant to this title shall be assessed a civil penalty of not more than $500 for each failure. If the Commission determines that any such failure is willful, it shall assess a civil penalty of not less than $500 and not more than $5,000. The civil penalty herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases.

B. Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).

Code 1950, § 65-118; 1968, c. 660, § 65.1-127; 1970, c. 470; 1991, c. 355; 1993, c. 378; 2014, c. 203.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 9 (REPORTS AND RECORDS)
§ 65.2-903. Records not public.
The records of the Commission, insofar as they refer to accidents, injuries and settlements, shall not be open to the public but only to the parties satisfying the Commission of their interest in such records and their right to inspect them; however, the Commission shall make its records about an injured employee available to the Virginia Employment Commission, the Department of Social Services, or the Virginia Retirement System if any such entity requests such records. The Commission shall promulgate rules to ensure that information for the purpose of determining eligibility for employment shall not be provided without the written consent of the employee.

Code 1950, § 65-119; 1968, c. 660, § 65.1-128; 1991, c. 355; 1993, c. 806; 1996, c. 457; 1997, cc. 796, 895; 2002, c. 693.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-1. Creation of Department of Juvenile Justice.
There is hereby created within the executive branch, responsible to the Governor, a Department of Juvenile Justice. The Department shall be under the immediate supervision of a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly. The Director shall serve at the pleasure of the Governor or until his successor shall be appointed and qualified. Vacancies shall be filled in the same manner as original appointments.

1989, c. 733; 1990, c. 350; 1996, c. 503.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-10. Powers and duties of Board.
The Board shall have the following powers and duties:

1. To establish and monitor policies for the programs and facilities for which the Department is responsible under this law.

2. To ensure the development of a long-range youth services policy.

3. To monitor the activities of the Department and its effectiveness in implementing the policies developed by the Board.

4. To advise the Governor and Director on matters relating to youth services.

5. To promulgate such regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth.

6. To ensure the development of programs to educate citizens and elicit public support for the activities of the Department.

7. To establish length-of-stay guidelines for juveniles indeterminately committed to the Department and to make such guidelines available for public comment.

8. To adopt all necessary regulations for the management and operation of the schools in the Department except that the regulations adopted hereunder shall not conflict with regulations relating to security of the institutions in which the juveniles are committed.

9. To establish compulsory minimum entry-level, in-service, and advanced training standards, as well as the time required for completion of such training, for persons employed as juvenile correctional officers employed at a juvenile correctional facility as defined in § 66-25.3. For such juvenile correctional officers who may have contact with pregnant inmates, such standards shall include training on the general care of pregnant women, the impact of restraints on pregnant inmates and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant inmates, and the impact of body cavity searches on pregnant inmates.

1989, c. 733; 1990, c. 679; 1996, cc. 755, 914; 2012, cc. 164, 456, 803, 835; 2019, c. 366; 2020, c. 526.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-10.01. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.

2011, c. 566.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-10.1. Board to establish regulations regarding human research.
The Board shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Director or his designee at least annually a report on human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.

1992, c. 603.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-10.2. Board to establish regulations regarding youth detained in juvenile correctional facilities pursuant to contracts with the federal government.
The Board, in collaboration with the Department of Behavioral Health and Developmental Services, shall promulgate regulations governing the housing of youth who are detained in a juvenile correctional facility pursuant to a contract with the federal government and not committed to such juvenile correctional facility by a court of the Commonwealth. Such regulations shall establish:

1. Standards that (i) govern the use of physical force, mechanical restraints, and spit guards and (ii) avoid the use of isolation;

2. Staff training requirements regarding cognitive behavioral interventions, trauma-informed care, cultural background implications, de-escalation techniques, and the use of physical and mechanical restraints;

3. Requirements for an appropriate number of bilingual staff and culturally relevant programs;

4. Methods to ensure that such youth detained understand their rights and responsibilities;

5. Standards to ensure the provision of necessary physical and mental health care;

6. A requirement that any contract entered into by a juvenile correctional facility with the federal government to house youth provide staff of the Department with the same level of access to such youth that the Department would ordinarily have regarding any other youth committed to such facility; and

7. Standards for recordkeeping, including extended recordkeeping requirements for records and video footage related to reported incidents.

2020, c. 599.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-10.3. Guidelines and policies and procedures for sharing information derived from juvenile records.
A. The Department shall develop and biennially update a model memorandum of understanding setting forth the respective roles and responsibilities of the Department, the Department of Behavioral Health and Developmental Services, the Department of Social Services, the court service units, the local departments of social services, and the community services boards or behavioral health authorities regarding the sharing of information derived from juvenile records for purposes of identifying and serving juveniles who may be receiving or who have received treatment, services, or care from the local agencies, the Department, or the Department of Behavioral Health and Developmental Services.

B. In developing and updating the model memorandum of understanding, the Department shall consult with the Department of Behavioral Health and Developmental Services, the Department of Criminal Justice Services, the Department of Social Services, the Office of Children's Services, and representatives selected by the Department from the court service units, local departments of social services, community services boards or behavioral health authorities, youth and family organizations, and such other stakeholders as the Department shall deem appropriate from across the Commonwealth.

C. The model memorandum of understanding shall contain provisions regarding the manner in which a juvenile who may be receiving or who has received treatment, services, or care from such agency or department is identified by the agency or department and how such identification is shared among the agencies and departments, including the point at which a juvenile is identified by the agencies or departments that are providing or have provided treatment, services, or care to such juvenile; the manner in which past agency or department involvement is identified and shared, including when informed consent from a juvenile or guardian is appropriate and necessary; and the person at each agency or department responsible for identifying any potential juvenile and serving as a contact for information-sharing requests.

D. The Department shall distribute the model memorandum of understanding to each court services unit, community services board or behavioral health authority, and local department of social services.

2022, cc. 63, 64.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-11. Repealed.
Repealed by Acts 2012, cc. 164 and 456, cl. 2.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-12. Definitions.
Unless a different meaning clearly appears from the context, as used in this title:

"Board" or "State Board" means the Board of Juvenile Justice;

"Child" means any natural person under eighteen years of age;

"Department" means the Department of Juvenile Justice;

"Director" means the Director of Juvenile Justice.

1989, c. 733.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-2. Supervision of the Department.
The Director of the Department of Juvenile Justice shall, under the direction of the Governor, be responsible for the supervision of the Department and shall exercise such other powers and perform such other duties as may be conferred or imposed by law upon him. He shall perform such other duties as may be required of him by the Governor and the Secretary of Public Safety and Homeland Security.

1989, c. 733; 1990, cc. 1, 317; 2014, cc. 115, 490.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-3.1. Repealed.
Repealed by Acts 2011, cc. 798 and 871, cl. 2, effective July 1, 2012.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-3.2. Additional duties of the Director.
A. The Director shall coordinate with the Department of Corrections the development and submission of requests for compensation from the United States Department of Justice State Criminal Alien Assistance Program for costs associated with incarcerating undocumented aliens.

B. The Director shall forward to the Commonwealth's Attorneys' Services Council, updated on a monthly basis, a list of all juveniles, 14 years of age or older, that (i) have been committed to the Department, (ii) have been found guilty of a felony offense defined as a predicate criminal act under § 18.2-46.1, or have been adjudicated delinquent on the basis of an act that would be a felony and a predicate criminal act under § 18.2-46.1 if committed by an adult, and (iii) have been identified as belonging to a criminal gang. The list shall contain identifying information for each gang member, as well as the offense, court, and date of conviction or adjudication.

2004, c. 126; 2006, cc. 431, 500.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-4. State Board of Juvenile Justice.
There shall be a State Board of Juvenile Justice, consisting of nine members appointed by the Governor, two of whom shall be experienced educators. In making appointments, the Governor shall endeavor to select appointees of such qualifications and experience that the membership of the Board shall include persons suitably qualified to consider and act upon the various problems that may come before the Board. The appointments shall be subject to confirmation by the General Assembly if in session and, if not, then at its next succeeding session.

1989, c. 733; 1996, c. 503; 2013, cc. 37, 232.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-5. Term of office of members; suspension or removal.
The members of the Board shall be appointed initially as follows: three members for a term of two years each and four members for a term of four years each. Thereafter, the appointment of such members or their successors shall be for terms of four years, except that an appointment to fill a vacancy shall be for the unexpired term. No person shall be eligible to serve for or during more than two successive four-year terms. However, any person appointed to fill a vacancy may be eligible for two additional successive terms after the term of the vacancy for which he was appointed has expired. Members of the Board may be suspended or removed by the Governor at his pleasure.

1989, c. 733.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-6. Chairman, vice-chairman and secretary.
The Board shall select a chairman from its membership, and under rules adopted by itself may elect one of its members as vice-chairman. It shall elect one of its members as secretary.

1989, c. 733.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-7. Compensation and expenses.
The members of the Board shall receive no salaries. They shall be paid their necessary traveling and other expenses incurred in attendance at meetings, or while otherwise engaged in the discharge of their duties, and the sum of fifty dollars a day for each day or portion thereof in which they are engaged in the performance of their duties.

1989, c. 733.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-8. Meetings.
The Board shall meet at such times as it deems appropriate and on call of the chairman when in his opinion meetings are expedient or necessary. However, the Board shall meet at least four times each calendar year.

1989, c. 733.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 1 (DEPARTMENT AND STATE BOARD OF JUVENILE JUSTICE)
§ 66-9. Quorum.
A majority of the current membership of the Board shall constitute a quorum for all purposes.

1989, c. 733.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 2 (CARE OF CHILDREN COMMITTED TO DEPARTMENT)
§ 66-13. Authority of Department as to juveniles committed to it; establishment of facilities; arrangements for temporary care.
A. The Department is authorized and empowered to receive juveniles committed to it by the courts of the Commonwealth. The Department shall establish, staff and maintain facilities for the rehabilitation, education, training and confinement of such juveniles. The Department may make arrangements with satisfactory persons, institutions or agencies, or with cities or counties maintaining places of detention for juveniles, for the temporary care of such juveniles.

B. The Department may by mutual agreement with a locality or localities and, pursuant to standards promulgated pursuant to § 16.1-309.9, establish detention homes for use by a locality or localities for pre-trial and post-dispositional detention pursuant to §§ 16.1-248.1 and 16.1-284.1. The Department may collect by mutual agreement with a locality or localities and from any locality of this Commonwealth from which a juvenile is placed in such a detention home, the reasonable cost of maintaining such juvenile in such facility and a portion of the cost of construction of such facility. Such agreements shall be subject to approval by the General Assembly in the general appropriation act.

C. The Department shall collect data pertaining to the demographic characteristics of juveniles incarcerated in state juvenile correctional institutions, including, but not limited to, the race or ethnicity, age, and gender of such persons, and the types of and extent to which health-related problems are prevalent among such persons. Beginning July 1, 1997, such data shall be collected, tabulated quarterly, and reported by the Director to the Governor and the General Assembly at each regular session of the General Assembly thereafter.

Code 1950, §§ 53-324, 53-330, 63-291, 63-366, 63-367, 63-368, 63-369, 63.1-239, 63.1-245; 1950, p. 33; 1954, c. 262; 1956, cc. 127, 287; 1962, c. 437; 1968, c. 578; 1974, cc. 44, 45; 1975, c. 178; 1981, c. 487; 1982, c. 636, § 53.1-237; 1989, c. 733; 1991, c. 534; 1996, cc. 755, 914; 1997, c. 894; 2012, cc. 803, 835; 2022, cc. 414, 415.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 2 (CARE OF CHILDREN COMMITTED TO DEPARTMENT)
§ 66-13.1. Division of Education; employment of Superintendent; powers and duties.
A. To assist in the performance of the duties imposed by § 66-13 the Department shall develop and maintain a Division of Education (Division), which shall be composed of all the educational facilities of all institutions operated by the Department. The Division shall be designated as a local education agency (LEA) but shall not be eligible to receive state funds appropriated for direct aid to public education.

B. The Department shall employ a Superintendent of the Division, who shall meet the minimum standards for division superintendents set by the Board of Education. The Superintendent shall supervise the administration of the Division. The Department shall employ teachers and place them in appropriate schools. Other powers and duties of the Superintendent shall be fixed by the Board of Education in accordance with law.

C. When the Department employs a teacher licensed by the Board of Education to provide instruction in the schools of the juvenile correctional centers, the Department of Human Resource Management shall establish salary schedules for the teachers which endeavor to be competitive with those in effect for the school division in which the correctional center is located.

2012, cc. 803, 835.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 2 (CARE OF CHILDREN COMMITTED TO DEPARTMENT)
§ 66-14. Allowance for maintenance of children placed by Commonwealth in private homes, etc.
For the maintenance of each child committed to the custody of the Department pursuant to subdivision A 14 of § 16.1-278.8 and placed in a private home or in a facility other than one operated by the Commonwealth, there shall be paid a per diem allowance which shall be established by the Department from funds appropriated to the Department for this purpose. The cost of such care shall not exceed that amount which would be incurred if the services required by the child were provided in a juvenile facility operated by the Department.

No child shall be placed outside the Commonwealth without first complying with the appropriate provisions of Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2 or with regulations of the State Board of Social Services relating to resident children placed out of the Commonwealth.

Code 1950, §§ 53-325, 63-293, 63.1-240; 1952, c. 644; 1962, c. 437; 1968, c. 578; 1970, c. 326; 1974, cc. 44, 45, 476; 1978, c. 309; 1981, c. 487; 1982, c. 636, § 53.1-239; 1989, c. 733; 1992, cc. 837, 880; 1993, cc. 232, 283; 1996, cc. 587, 597.
Code of Virginia — Title 66 (Juvenile Justice), Chapter 2 (CARE OF CHILDREN COMMITTED TO DEPARTMENT)
§ 66-15. Schedules of per diem cost of maintenance in detention homes; reimbursements of cities and counties.
The Department shall establish schedules setting forth the per diem cost to each locality for maintaining a child in a detention home. In accordance with the schedule, the Department, in addition to all other reimbursements on account of such detention homes, shall reimburse each city or county for the cost of maintaining in such homes any children committed to the Department. The Department shall review annually and adjust, if justified, the per diem it pays to localities for the care of state wards.

Code 1950, §§ 53-326, 63.1-241, 63-293.1; 1954, c. 582; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-240; 1989, cc. 683, 733.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 2 (CARE OF CHILDREN COMMITTED TO DEPARTMENT)
§ 66-16. Acceptance and expenditure of certain funds for children committed to Department.
The Department is authorized to accept and expend for the benefit of any child committed to it, or for reimbursement purposes, any funds made available from any source, solely for the current maintenance and support of any such child, whether such funds be provided by the child's parents, or other person, or by the U.S. Department of Veterans Affairs, the Railroad Retirement Act, the old age and survivor's insurance provisions of the federal Social Security Act, as amended, or from any other source. In no event shall the sums so accepted exceed an amount in excess of the cost to the Department of supporting the child.

Code 1950, §§ 53-327, 63.1-242, 63-293.2; 1956, c. 400; 1968, c. 578; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636, § 53.1-241; 1989, c. 733.

Code of Virginia — Title 66 (Juvenile Justice), Chapter 2 (CARE OF CHILDREN COMMITTED TO DEPARTMENT)
§ 66-17. Disposition of property left by child.
If any child, having been in the custody of the Department by virtue of § 16.1-278.8, upon being released or having escaped therefrom leaves any personal property valued at less than $100 in the custody of the Department for six months after his release or escape, the Director may sell such personal property at public sale or otherwise dispose of the property. The proceeds of such sale shall be kept for one year from the date of the child's attaining the age of majority. Thereafter, any unclaimed proceeds shall be paid into the state treasury and credited to the Literary Fund.

Code 1950, §§ 16.1-178.1, 53-327.1; 1956, c. 555; 1974, cc. 44, 45; 1977, c. 559; 1981, c. 487; 1982, c. 636, § 53.1-242; 1989, c. 733; 1991, c. 534.