§ 9-28-210 — Release

(a) (1) In consideration of its juvenile correctional role, the Division of Youth Services shall establish objective guidelines for length of stay when juveniles are committed to the division. (2) Except when an extended juvenile jurisdiction offender or a juvenile committed to the division from circuit court is committed to the division, length-of-stay determinations shall be the exclusive responsibility of the division, and committed juveniles shall be reintegrated into society at a pace determined by the seriousness of the committing offense, aggravating or mitigating circumstances, community compatibility, and clinical prognosis. (3) When an extended juvenile jurisdiction offender has been committed to the division, the committing court shall have sole release authority. (4) (A) Upon determination that the juvenile has been rehabilitated, the division may petition the court for release. (B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (5) 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. (b) The division shall establish policies regarding the eligibility of juveniles for release consideration. (c) (1) Whenever the Director of the Division of Youth Services, upon examination of all information and recommendations provided, shall determine that release of a juvenile is in the interest of both the state and the juvenile, the division shall grant release or petition the committing court for release if the juvenile is an extended juvenile jurisdiction offender. (2) Except when an extended jurisdiction offender is committed to the division, release decisions shall be made by the director without the necessity of an application by or on behalf of a juvenile. (3) In determining whether the release of a juvenile is in the best interest of both the state and the juvenile, the division shall consider the circumstances of the committing offense, any recommendations of the committing judge, any recommendations of the probation officer of the committing court, the juvenile's previous delinquency record, the availability of community programs, and the stability of the juvenile's home environment. (d) (1) The committing court may recommend at any time that a juvenile be released from the custody of the division. (2) A recommendation for release shall be provided in writing to the division stating the reasons release is deemed in the best interest of the juvenile and society. (3) Except when an extended juvenile jurisdiction offender is committed to the division, a final decision to release shall be made by the division. (e) Upon release from the custody of the division, a juvenile shall remain under the jurisdiction of the committing court for an indeterminate period not to exceed two (2) years, except when an extended juvenile jurisdiction offender is committed to the division.

Legislative History

Acts 1995, No. 1261, § 10; 1999, No. 1192, § 23