HD55 - Transportation of Juveniles


Executive Summary:
During the 1989 Session, Delegate Diamonstein and Senator Macfarlane patroned identical bills that would designate the agency having custody or responsibility for supervision of a child as responsible for transportation of the child. Both bills were withdrawn, and Senator Macfarlane formally requested by letter that the Virginia State Crime Commission place the issue of juvenile transportation on its 1989 agenda for study.

Existing law states that the chief judge of the juvenile and domestic relations district court shall designate the appropriate agencies to be responsible for transporting juveniles.

Throughout the course of this study, detention home operators have indicated a willingness to transport low-risk juveniles to local service appointments, if additional resources are provided. The sheriffs are willing to make all transports involving high-risk juveniles, court-related transports, and transports between detention centers.

Following considerable discussion of the issue among the affected entities, the subcommittee endorsed the Department of Youth Services' proposal that a one-week intensive study of the issue be conducted on behalf of the Department by Mr. John Morgenthau, an experienced consultant on this issue.

Mr. Morgenthau's study was completed, and his report supports legislation that would shift to the agency having custody the responsibility of transporting low-risk juveniles to local service appointments. In addition, Mr. Morgenthau recommended that the proposed amendment be modified to establish four pilot sites where this approach would be tested for a one-year period. The sites recommended include Roanoke, Newport News, one Commission-operated rural locality and one Commission-operated urban locality.

The subcommittee found that it was inefficient to continue the current practice of having fully trained and equipped deputy sheriffs transport non-violent, low-risk juveniles between detention homes and local medical, dental and other service appointments. The subcommittee found these transports to be more efficiently and appropriately handled by personnel employed by the juvenile detention homes.

The Department of Youth Services prepared an analysis of the costs involved in establishing such a pilot program, and the Commission staff responded with an analysis which recommended a lower level of funding. Both analyses were discussed at length during the final meeting of the subcommittee. They found the lower figures to be reasonable. However, the subcommittee took no position on recommending the pilot projects. Instead, they recommended that the information developed by the subcommittee be formally presented by the Commission to Senator Macfarlane, Governor Wilder, and the 1990 General Assembly for their review. On January 16, 1990, the Commission voted to approve the findings and recommendations of the Treatment Issues Subcommittee.