§ 9-27-509 — Division of Youth Services - Commitment of extended juvenile jurisdiction juveniles

(a) The court has sole release authority for juveniles in extended juvenile jurisdiction proceedings. (b) In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed shall, within thirty (30) days of the juvenile's commitment, prepare and file with the court a treatment case plan that shall: (1) State the treatment plan for the juvenile; and (2) State the anticipated length of commitment of the juvenile. (c) (1) Upon determination that the juvenile has been rehabilitated, the Division of Youth Services may petition the court for release. (2) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which they were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; and (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.

Legislative History

Acts 1999, No. 1192, § 9