§ 25-10-135 — Youth services

(a) The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met: (1) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; (2) (A) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (B) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and (3) The notification requirement shall not apply to already-existing facilities at already-existing locations. (b) (1) Provided further, upon establishment of the facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of the municipality. (2) In the event the department and the provider fail to provide satisfactory communication to the residents as provided in this section, the facility may be declared a public nuisance by the municipality.

Legislative History

Acts 1997, No. 1360, § 99.