12.7 Indeterminate Commitment

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

12.7 INDETERMINATE COMMITMENT

12.701 Authority of Court. A youthful offender convicted of certain crimes may, with the offender's consent, be sentenced to indeterminate commitment in a state facility for youthful offenders for a period not to exceed four years. ²²⁴ The defendant must have committed the offense before

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attaining the age of 21. ²²⁵ Indeterminate commitment may only be imposed for first convictions of offenses other than capital murder, murder in the first or second degree, and certain felony sexual offenses. ²²⁶ When indeterminate commitment is imposed, the court must also impose a period of confinement that will be suspended. ²²⁷ Finally, the judge must consider the defendant "to be capable of returning to society as a productive citizen following a reasonable amount of rehabilitation." ²²⁸

12.702 Procedure. After the court has made its finding of guilt and before it fixes punishment, the Department of Corrections must review "all aspects of the case." ²²⁹ The Department must determine whether "(i) such defendant is physically and emotionally suitable for the program, (ii) such indeterminate sentence of commitment is in the best interest of the Commonwealth and of the person convicted, and (iii) facilities are available for the confinement of such person." ²³⁰ After reviewing the report, the court may impose a sentence of indeterminate commitment...