38-2374. Same; conditional release; procedure; supervision; notification; aftercare services.
38-2374
38-2374. Same; conditional release; procedure;supervision; notification; aftercare services.(a) When a juvenile offender has satisfactorily completedthe term ofincarceration at the juvenile correctional facility to which the juvenileoffender was committed orplaced, the person in charge of the juvenile correctional facility shall haveauthority to release thejuvenile offender under appropriate conditions and for a specified period oftime. Prior to releasefrom a juvenile correctional facility, the commissioner shall consider anyrecommendations madeby the juvenile offender's community case management officer.
(b) At least 20 days prior to releasing a juvenile offender as provided insubsection (a), theperson in charge of the juvenile correctional facility shall notify thecommitting court of the date andconditions upon which it is proposed the juvenile offender is to be released.The person in chargeof the juvenile correctional facility shall notify the school district in whichthe juvenile offender willbe residing if the juvenile is still required to attend a school. Suchnotification to the school shallinclude the name of the juvenile offender, address upon release, contact personwith whom thejuvenile offender will be residing upon release, anticipated date of release,anticipated date ofenrollment in school, name and phone number of case worker, crime or crimes ofadjudication if notconfidential based upon other statutes, conditions of release and any otherinformation thecommissioner deems appropriate. To ensure the educational success of thestudent, the communitycase manager or a representative from the residential facility where thejuvenile offender will resideshall contact the principal of the receiving school in a timely manner toreview the juvenile offender'scase. If such juvenile offender's offense would have constituted an off-gridcrime, nondrug felonycrime ranked at severity level 1, 2, 3, 4 or 5, or a drug felony crime rankedat severity level 1, 2 or 3, on or after July 1, 1993, if committed by anadult, the person in charge ofthe juvenile correctionalfacility shall notify the county or district attorney of the county where theoffender was adjudicated a juvenile offender of the date and conditions uponwhich it is proposed the juvenile offenderis tobe released. The county or district attorney shall give written notice at leastfive days prior to therelease of the juvenile offender to: (1) Any victim of the juvenile offender'scrime who is alive andwhose address is known to the court or, if the victim is deceased, to thevictim's family if the family'saddress is known to the court; and (2) the local law enforcement agency.Failure to notify pursuantto this section shall not be a reason to postpone a release. Nothing in thissection shall create a causeof action against the state or county or an employee of the state or countyacting within the scope ofthe employee's employment as a result of the failure to notify pursuant to thissection.
(c) Upon receipt of the notice required by subsection (b), the court shallreview the terms ofthe proposed conditional release and may recommend modifications or additionsto the terms.
(d) If, during the conditional release, the juvenile offender is notreturning to the county fromwhich committed, the person in charge of the juvenile correctional facilityshall also give notice tothe court of the county in which the juvenile offender is to be residing.
(e) To assure compliance with conditional release from a juvenilecorrectional facility, thecommissioner shall have the authority to prescribe the manner in whichcompliance with theconditions shall be supervised. When requested by the commissioner, theappropriate court mayassist in supervising compliance with the conditions of release during the termof the conditionalrelease. The commissioner may require the parent of the juvenile offender tocooperate andparticipate with the conditional release.
(f) For acts committed before July 1, 1999, the juvenile justice authorityshall notify at least45 days prior to the discharge of the juvenile offender the county or districtattorney of the countywhere the offender was adjudicated a juvenile offender of the release of suchjuvenile offender, if such juvenile offender's offense would have constituted aclass A, B or C felony before July 1,1993,or an off-grid crime, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5or a drug crime rankedat severity level 1, 2 or 3, on or after July 1, 1993, if committed by anadult. The county or districtattorney shall give written notice at least 30 days prior to the release of thejuvenile offender to: (1)Any victim of the juvenile offender's crime who is alive and whose address isknown to the court or,if the victim is deceased, to the victim's family if the family's address isknown to the court; and (2)the local law enforcement agency. Failure to notify pursuant to this sectionshall not be a reason topostpone a release. Nothing in this section shall create a cause of actionagainst the state or countyor an employee of the state or county acting within the scope of the employee'semployment as aresult of the failure to notify pursuant to this section.
(g) Conditional release programs shall include, but not be limited to, thetreatment optionsof aftercare services.
History: L. 2006, ch. 169, § 74; Jan. 1, 2007.