HD4 - Problems of the Juvenile Offender


Executive Summary:

In Virginia, as elsewhere throughout the United States, problems incident to juvenile delinquency have become one of the major governmental areas of concern. Numerous studies have been made in Virginia as elsewhere on causes of juvenile delinquency. Unlike studies which have heretofore been undertaken in Virginia, the present study was initiated not to investigate the cause of delinquent conduct, but to undertake an appraisal of the Commonwealth's facilities and system for meeting the problems occasioned by delinquent conduct as the problems pertain to the State and to the children involved while in State custody, and as they relate to the community when the child returns from custody.

The care of the delinquent child by the State while the child is in its custody is only part of the total program, and the effectiveness of the period of State care is dependent not only on the program and facilities of the State, but is also related directly to much that has transpired before a child is committed to the State and to what is done or not done after he is returned to his community.

The Juvenile Court Law provides for the State to take custody of children who have committed certain offenses and commit them to the guardianship of the State Board of Welfare and Institutions.

The offenses are described in § 16.1-158 of the Code of Virginia, providing for the commitment of a child "(g) who deserts or is a fugitive from his home, or who is habitually disobedient or beyond the control of his parents or other custodian, or is incorrigible; (h) who being required by law or his parents or custodian to attend school is a willful and habitual truant therefrom; (i) who violates any State or federal law, or any municipal or county ordinance; provided, however, that in violations of federal law jurisdiction in such cases shall be concurrent and shall be assumed only if waived by the federal court."

In Virginia, as elsewhere, the continuing development of the Juvenile Court System and its related activities has been with the intent to advance the welfare of the child in custody of the State and to keep the child, for the duration of his minority, under such watchful care, custody, discipline, supervision, guardianship and control as may be conducive to the welfare of the child and the best interest of the State. In spite of the good intentions on which the program is based, and in spite of the expenditure of large sums of money, both in capital outlay and operations, many children committed to the State's care by juvenile courts return to their communities only to be recommitted to State custody. Appendix A, showing the number of training school returnees in the training schools and study units as of December 1, 1958, is indicative of the percentage of these children who are recommitted. Furthermore, disturbingly large numbers of children who have been in the juvenile institutions one or more times are sentenced by the criminal courts to the penal institutions. Many of these become involved in serious crimes while still in their teens, and others after having barely reached their majority. Appendices B (1) and B (2), setting forth information concerning 209 former wards of the State committed to the penitentiary from July 1957 through June 1958, and Appendix B(3), showing the number of persons formerly in the training schools who were serving felon or misdemeanant sentences in State penal institutions as of November, 1958, furnish alarming evidence in substantiation of this statement.

These discouraging results of the State's program for rehabilitation of juvenile off enders led the General Assembly at its 1958 Regular Session to adopt House Joint Resolution No. 75 creating the Commission on Problems of the Juvenile Offender to conduct a study of the juvenile correctional facilities and programs of the State.