§ 42-72-17.2 - Limits to population at the youth development center and the youth assessment center.

SECTION 42-72-17.2

   § 42-72-17.2  Limits to population at theyouth development center and the youth assessment center. – (a) The Rhode Island training school shall consist of a youth developmentcenter, a youth assessment center and a female correctional treatment facility.The youth development center and the youth assessment center shall not exceed amaximum daily capacity of one hundred forty-eight (148) detained and/oradjudicated males. The female correctional treatment facility shall not exceeda maximum daily capacity of twelve (12) detained and/or adjudicated females.

   (b) The director of the department of children, youth andfamilies shall notify the chief judge of the family court whenever the censusof the detained and/or adjudicated male youth or of the detained and/oradjudicated female youth approaches ninety-five percent (95%) of maximumpopulation capacity. The training school superintendent or his or her designeeshall thereupon refer to the family court, for consideration for release fromthe training school, those youth who do not pose a credible risk of harm toself or others or for whom there is no substantial risk that the youth mayleave the jurisdiction of the state.

   (c) Following a hearing, the family court shall authorize therelease of such youth from the training school, unless the court finds that thechild:

   (1) Poses a substantial risk of harm to self; or

   (2) Poses a substantial risk of harm to others; or

   (3) Has demonstrated that he or she may leave thejurisdiction of the court.

   Provided, however, any child who has been certified andadjudicated pursuant to §§ 14-1-7.2 and 14-1-7.3, may not be releasedprior to the end of his or her sentence, except as authorized under §14-1-42 of this chapter.