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Lawmakers consider changes at Virginia’s juvenile justice department

Recent state reports and the upcoming legislative session could mean changes for how the Department of Juvenile Justice is operated.

State Sen. Dave Marsden (D-Fairfax) said he’s preparing a slate of legislation aimed at resolving a range of perceived issues at the agency. The Northern Virginia senator, who previously worked at the department between 2000 and 2002, said there’s a need for centralizing regional resources, as well as a statewide plan dealing with juvenile justice.

We're trying to give [localities] the authority under the code to do what they need to make more efficient services and spend the money we're spending more wisely,” Marsden said recently about his plans for the 2026 General Assembly session, which begins Jan. 14.

DJJ directly oversees the Bon Air Juvenile Correctional Center near Richmond, the only state-run youth prison. And across the Commonwealth, dozens of locally run facilities hold minors who have entered the justice system.

Marsden said there could be millions in savings, in part due to some facilities having low occupancy rates.

Sen. Mamie Locke (D-Hampton) has also prefiled legislation that would determine a path for DJJ to be transferred to a different part of state government.

Her bill would create a work group to study how the department could be moved from the Office of the Secretary of Public Safety and Homeland Security to the Office of the Secretary of Health and Human Resources. Representatives from civil rights and violence prevention groups, formerly incarcerated people, mental health experts and others would be included on the panel.

If passed, the legislation would require a report, including a timeline for the transfer, to be submitted to lawmakers by Nov. 1, 2026.

A DJJ representative declined to comment on the pending legislation, but pointed to Director Amy Floriano’s response to an earlier study on the transfer issued by the Joint Legislative Audit & Review Commission.

In a letter included in the study’s appendix, Floriano wrote that the department’s mission entails coordination with other state public safety agencies.

“DJJ also feels strongly that placing the agency under HHR will not positively affect rehabilitative outcomes or access to services for court-involved youth,” she wrote in the May note. “On the contrary, DJJ shares the concerns expressed in the exposure draft that transferring DJJ to HHR could result in DJJ receiving less focus and resources than it does in its current secretariat which, compared to HHR, has fewer agencies and programs.”

Earlier in December, Gov.-elect Abigail Spanberger announced the selection of Stanley M. Meador, formerly the special agent in charge of the Richmond FBI Field Office, to lead the public safety department. His background does not include health care or youth services. A few days prior, the governor-elect tapped Marvin Figueroa to lead HHR; the announcement noted Figueroa’s work on federal health policy.

Each cabinet secretary needs to be approved by the General Assembly, though Democrats will hold sway in Richmond when the legislative session begins, pointing to likely confirmations.

“You need to make sure that you’ve got people who can handle the security aspects of dealing with individuals who have long prison sentences awaiting them after their time at juvenile justice,” Marsden said while discussing a possible agency transfer. “Also the mental health and social service needs that … the other wards of the state have as well. So, it's a mixed bag — let’s hear the arguments.”

When JLARC issued a report reviewing potential effects of transferring DJJ in June, it concluded the move wouldn’t necessarily improve services being offered to in-custody minors, because currently in-use programming has been specifically “designed to address risk factors for reoffending.”

The Office of the State Inspector General also recently released a 102-page performance audit of the Bon Air facility. The report pinpointed 18 issues that need to be addressed, including: wellness checks not being regularly performed and documented; interruptions to therapeutic services; and low educational programing attendance.

The report also indicated responses to grievances filed by in-custody minors need to be improved by ensuring “that current processes and documents are implemented in a manner that captures all required information and addresses issues timely … .”

Staffing shortages are an issue across juvenile justice departments in most states. And while Marsden said Floriano’s worked to improve DJJ programming, hiring issues make that difficult.

“It's hard to keep staff,” he said. “And it's hard to run programs when you don't have enough security staff to have the kids out of their rooms as much as is necessary.”

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.