Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part I - General Provisions › Section 6VAC35-180-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Department" means the Virginia Department of Juvenile
					 Justice.
"Direct discharge" means the release of a resident from
					 commitment to the department with no supervision conditions imposed upon the
					 resident by the department or a court.
"Facility" means a juvenile correctional center operated 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 subsection B of § 16.1-284.1 of the Code of Virginia.
"Identified as having a recognized mental health, substance
					 abuse, or other therapeutic treatment need" means a resident who meets
					 established criteria , set forth in
					 6VAC35-180-30, based on objective
					 assessment or diagnosis by a qualified mental health professional, as provided
					 for in this regulation.
"Incarceration" means confinement 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 or in a
					 juvenile residential facility or a secure facility as defined in § 16.1-228 of
					 the Code of Virginia operated or contracted for by the department or in an
					 alternative placement as a result of a commitment to the department pursuant to
					 subdivision A 14 , A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of
					 Virginia.
"Indeterminately committed" means commitment to the
					 department pursuant to subdivision A 14 of § 16.1-278.8 of the Code of Virginia
					 with the resident's length of stay calculated in accordance with § 16.1-285 of
					 the Code of Virginia and the department's Length of Stay Guidelines.
"Juvenile" means an individual , regardless of age, who has
					 been confined 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 or in a juvenile residential facility or a
					 secure facility as defined in § 16.1-228 of the Code of Virginia operated or
					 contracted for by the department or in an alternative placement as a result of
					 a commitment to the department pursuant to subdivision A 14, A 16, or A 17 of §
					 16.1-278.8 or § 16.1-285.1 of the Code of Virginia or an individual, regardless
					 of age, who is under the supervision of or receiving services from a court
					 service unit.
"Mental health services transition planning" means the
					 enhanced planning process described by
					 6VAC35-180-70 through
					 6VAC35-180-160 to ensure the
					 provision of mental health, substance abuse, or other therapeutic treatment
					 services upon a resident's release from incarceration. This planning process is
					 considered "enhanced" because it is more comprehensive than the standard
					 process for developing a plan for probation, parole, or aftercare. This process
					 shall result in a mental health transition services plan.
"Resident" means an individual, both a juvenile and an
					 adult, who is or was committed to the department pursuant to § 16.1-285.1 or
					 subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia and resides in
					 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 or placed in
					 a detention home that is 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. Resident includes an individual, both juvenile and
					 adult, who is or was committed to the department by a circuit court judge under
					 § 16.1-272 of the Code of Virginia. For purposes of this regulation, the term
					 includes residents being released from incarceration who are 18 years old or
					 older and excludes any individual sentenced under § 16.1-272 of the Code of
					 Virginia who will be released directly from a department facility to an adult
					 correctional institution or jail to complete the remaining portion of a blended
					 sentence.
"Serious offender" means an individual who was committed to
					 the department pursuant to subdivision A 17 of § 16.1-278.8 and § 16.1-285.1 of
					 the Code of Virginia.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.