This story was reported and written by VPM News.
Virginia’s nonpartisan watchdog agency found that transferring the state’s Department of Juvenile Justice from the secretary of public safety to the secretary of health and human resources could “hinder” their mission.
The Joint Legislative Audit and Review Commission, the research arm of Virginia’s General Assembly, presented its findings Wednesday to lawmakers.
“I would say that we found that youth do have access to services which can help reduce the likelihood of them reoffending,” Brittany Utz, a senior legislative analyst at JLARC, said. “I think our ultimate conclusion of it not being beneficial to transfer to HHR is based on the fact that they would not get better access to services.”
In November 2023, the legislature directed JLARC to study the feasibility of a transfer over concerns about youth mental health under DJJ’s custody. Supporters of the change argued a transfer could improve coordination between agencies and better access to care. For the study, JLARC analysts conducted interviews with various stakeholders including current and former cabinet secretaries and agency directors, DJJ staff, public defenders and commonwealth’s attorneys, as well as national subject matter experts.
The Public Safety and Homeland Security Secretariat consists of 10 state agencies responsible for safeguarding Virginia and its citizens, while the Health and Human Resources Secretariat is made up of 12 state agencies responsible for providing health-related services and funding.
“I think some of us had an instinct that maybe HHR would be a better place for juvenile justice,” Del. Marcus Simon (D-Fairfax) said during Wednesday’s JLARC presentation. “The concern was that on the public safety side, that the folks in charge of implementing the programs might be a little too focused on crime and punishment.”
DJJ is the primary state agency responsible for administering and overseeing the state’s juvenile justice system operating with a dual mission: “[protecting] the public by preparing court-involved and committed youth to be successful citizens.”
“DJJ’s public safety mission is embedded within its rehabilitative programming, which is specifically designed to address youth’s risk factors that contribute to delinquent behavior and to reduce the likelihood of reoffending,” the final report states. “Stakeholders worry that if DJJ were transferred to the HHR secretariat, this specialized focus could diminish.”
DJJ operates court service units and the state’s only correctional center – Bon Air Juvenile Correctional Center — and oversees juvenile detention centers, community placement programs, re-entry programs and group homes.
Utz told lawmakers that DJJ already provides a range of rehabilitative services to youth on probation or parole – the majority population within the juvenile justice system. The services, she said, mirror those under HHR and include individual and family therapy, anger management, mentoring and skills building.
Youth who are on parole or probation are able to access services through DJJ’s regional service coordinator – or RSC model – which was established in 2016. DJJ staff reported to JLARC analysts that the model has expanded the number of service providers by 50% since fiscal year 2017.
Youth who are incarcerated at Bon Air JCC make up a small percentage of youth in the juvenile justice system, but are considered to be the “greatest public safety risks.” Youth at the facility must receive rehabilitative services, such as anger and aggression management, substance abuse treatment, sex offender treatment, family therapy and life skills training.
According to Utz, the facility’s staff are responsible for conducting psychological evaluations and delivering rehabilitative services.
The study acknowledges that staffing challenges at Bon Air JCC may have an impact on the delivery of services. DJJ reported that “most” youth at Bon Air are able to complete the core of their rehabilitative programming before their release date, according to the study.
In fiscal year 2024, Bon Air JCC was facing a 51% vacancy rate.
The General Assembly directed DJJ to evaluate its rehabilitative programming for youth incarcerated at Bon Air JCC by December 2024. Lawmakers have not yet seen the report.
State Sen. Mamie Locke (D-Hampton) asked Utz for an update on the report. DJJ told JLARC the governor’s office is reviewing the report, Utz said.
“I would think that, given that those youth who are committed to Bon Air — where the offenses being committed are serious offenses — would be in need of some serious services, and I think that attention needs to be given there more directly,” Locke said.
Utz said to Locke that DJJ has told JLARC analysts that their primary staffing challenges lie with security positions and not staff who are providing rehabilitative services. However, Utz said security staff are tasked with providing “some rehabilitative services” to juveniles in detention.
Valerie Slater, longtime advocate for the rights of system-involved youth and executive director for RISE for Youth, called the report’s findings disappointing, as she believes that the placement of DJJ under Health and Human Resources would have “signaled a more targeted commitment in youth justice to a public health approach to building public safety.”
“What is most important is for our focus to remain on ensuring the agency tasked with caring for and rehabilitating our youth with the greatest treatment needs use every resource at its disposal to help youth involved in the legal system to find their path to productive thriving adulthood,” Slater told VPM News.
A spokesperson for Governor Glenn Youngkin told VPM News that the JLARC report “reaffirmed” the appropriate oversight of DJJ and was a “testament to the great work” being done under DJJ Director Amy Floriano.
Terrance Cole, public safety and homeland security secretary and Janet Kelly, health and human services secretary, sent a joint letter to JLARC in support of the study’s findings.
“We agree that DJJ already provides a comprehensive array of rehabilitative services – many of which are comparable to those offered by HHR agencies,” the letter states. “However, DJJ is uniquely positioned to deliver these services more efficiently and responsively due to its direct engagement with court involved youth.”
Both secretaries are in agreement that DJJ and HHR’s working relationship is “productive and collaborative.”
Floriano also penned a letter to JLARC, saying the agency was “largely in agreement” with the study’s findings and recommendations.
“DJJ looks forward to continuing our collaboration with HHR agencies in the provision of rehabilitative treatment and services to our court-involved youth and will enthusiastically work on other strategies, as directed or recommended,” Floriano wrote.
JLARC made one executive action recommendation, that DJJ track data on all rehabilitative services youth are receiving through the RSC model and identify if changes are needed.
Copyright 2025 VPM
