TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 5

JUVENILE CORRECTIONS ACT

20-533.  Release from custody of the department. (1) The department shall determine an appropriate date for release of the juvenile offender from the custody of the department, based upon guidelines established by the department. The department shall review and update policy guidelines annually.

(2)  Juvenile offenders may be released to their own home, to a residential community-based program, to a nonresidential community-based treatment program, to an approved independent living setting, or to other appropriate residences, but shall remain on probation until the probation is terminated by the court. Following the release of a juvenile offender, the court may conduct a hearing to review the juvenile offender’s conditions of probation and determine whether existing conditions should be amended or eliminated or additional conditions imposed.

(3)  County probation officers shall enforce probation conditions and supervise juvenile offenders while on probation. As authorized by court order, probation officers may establish additional reasonable conditions of probation with which the juvenile offender must comply. The juvenile offender may move for a hearing before the court to contest any conditions imposed by the probation officer. If the probation officer establishes additional conditions of probation, the probation officer shall advise the juvenile offender at the time such additional conditions are imposed of the juvenile offender’s right to move the court for a hearing to contest those conditions.

(4)  When the department is considering release of a juvenile offender committed to the department for confinement, the department shall notify the prosecuting attorney of the county from which the juvenile offender was committed to confinement, the judge whose order caused the juvenile offender to be committed to confinement and the victims of the juvenile offender’s unlawful conduct. Notice shall also be given to the same parties upon the actual release of the juvenile offender from the department’s custody.

History:

[(20-533) 1989, ch. 155, sec. 9, p. 383; am. and redesig. 1995, ch. 44, sec. 36, p. 94; am. 2012, ch. 19, sec. 29, p. 62; am. 2018, ch. 157, sec. 1, p. 314.]