HD38 - Juvenile Records Retention Study

Executive Summary:
During the 1995 session of the Virginia General Assembly, Delegate Howard E. Copeland of Norfolk introduced House Joint Resolution 473, requesting that the Virginia State Crime Commission study the current process of juvenile records retention and make appropriate legislative recommendations to ensure access to certain juvenile conviction records ". . . for purposes of introduction of such records at the sentencing phase of a bifurcated jury trial and for use in enhanced penalty sentencing under the sentencing guidelines." At the April 27, 1995 meeting of the Crime Commission, Chairman Elmo G. Cross, Jr., selected Robert F. Horan, Jr., to serve as Chairman of the Law Enforcement Subcommittee, which was directed to conduct the juvenile records retention study.

At the May 23, 1995 meeting of the subcommittee, Staff Attorney Dana Schrad presented an overview of the study requested. Ms. Schrad's presentation included a review of the current Code provisions pertaining to juvenile records retention. She was directed by the subcommittee to continue her review and present a suggested legislative package for the subcommittee's review at the October meeting.

Ms. Amy Curtis, Legal Analyst, presented a suggested legislative amendment package at the October 3, 1995 meeting. At the November 14, 1995 meeting, the subcommittee reviewed and adopted the draft report developed by staff. At the request of staff, the subcommittee voted to approve the publication of the report as a House document, pending final Commission approval. On December 12, 1995, the Crime Commission approved the study recommendations and adopted the report on the retention of juvenile records.