217.345. First offenders--mandatory program--physical separation of offenders less than seventeen years of age--rules--objectives--contract for provision of services--evaluation process--evaluation re
First offenders--mandatory program--physical separation of offendersless than seventeen years of age--rules--objectives--contract forprovision of services--evaluation process--evaluationreport--prosecutor to maintain certain records.
217.345. 1. Correctional treatment programs for first offenders inthe department shall be established, subject to the control and supervisionof the director, and shall include such programs deemed necessary andsufficient for the successful rehabilitation of offenders.
2. Correctional treatment programs for offenders who are younger thanseventeen years of age shall be established, subject to the control andsupervision of the director. By January 1, 1998, such programs shallinclude physical separation of offenders who are younger than seventeenyears of age from offenders who are seventeen years of age or older.
3. The department shall have the authority to promulgate rulespursuant to subsection 2 of section 217.378 to establish correctionaltreatment programs for offenders under age seventeen. Such rules mayinclude:
(1) Establishing separate housing units for such offenders;
(2) Providing housing and program space in existing housing units forsuch offenders that is not accessible to adult offenders; and
(3) Establishing a regimented training program for such offenders.
4. Any regimented training program established pursuant tosubdivision (3) of subsection 3 of this section shall include the followingobjectives:
(1) To provide a daily regimen for offenders including physicaltraining, self-discipline, educational programs and work programs;
(2) To provide staff who have received appropriate training in thetreatment of offenders under age seventeen and who are capable role modelsand mentors;
(3) To provide offenders with instruction on how to solve problemsand strategies to change offenders' predisposition to commit crime;
(4) To provide offenders who have demonstrated positive behavioralchange with the opportunity to gradually reenter the community; and
(5) To provide for parole supervision consisting of highly structuredsurveillance and monitoring, educational and treatment programs.
5. The department shall have the authority to determine the number ofjuvenile offenders participating in any treatment program depending onavailable appropriations. The department may contract with any private orpublic entity for the provision of services and facilities for offendersunder age seventeen. The department shall apply for and accept availablefederal, state and local public funds including project demonstration fundsas well as private moneys to fund such services and facilities.
6. The department shall develop and implement an ongoing evaluationprocess for all juvenile offender programs.
7. Any prosecuting attorney who prosecutes an offender under the ageof seventeen shall maintain records regarding the sentencing of thatoffender, including any treatment programs to which that offender isassigned.
8. The department shall submit an evaluation report to the governorand the general assembly concerning offenders under age seventeen and theprograms available to them on or before each January 30, beginning in 1999.This report shall include, but is not limited to, the following items:
(1) The specific content and structure of programs for offenders,including staffing ratios for each program, and a description of the dailyroutine of offenders in those programs;
(2) The process used for placing offenders on parole, includingwhether offenders may be returned to their original environment for theparole period, the specific means of parole supervision and the specificeducational and treatment programs provided to offenders during theirparole period;
(3) The procedure for transferring an offender to another facilityfor vocational or training services or when an offender poses a danger tohimself or others, and identification of the facilities used for suchpurposes;
(4) The specific criteria and procedures for determining successfulcompletion of a treatment program, whether an offender cannot successfullycomplete a treatment program, and whether an offender's parole shall berevoked;
(5) The recidivism rate for offenders successfully completing atreatment program compared with the recidivism rate for offenders notsuccessfully completing a treatment program.
(L. 1982 H.B. 1196 § 52, A.L. 1989 H.B. 408, A.L. 1995 H.B. 174, et al., A.L. 1996 S.B. 489)