A.R.S. tit. 41 ch. 26 — Arizona Revised Statutes Title 41 Chapter 26 — Department Of Juvenile Corrections

41-2801. Definitions In this chapter, unless the context otherwise requires: 1. "Committed youth" or "youth" means a person who has been committed according to law to the department of juvenile corrections for supervision, rehabilitation, treatment and education and who is either: (a) At least fourteen years of age and under eighteen years of age. (b) Subject to retained jurisdiction pursuant to section 8-202, subsection H. 2. "Department" means the department of juvenile corrections. 3. "Director" means the director of the department of juvenile corrections. 4. "Educational system" means the state educational system for committed youth. 5. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. 41-2802. Department of juvenile corrections A. A department of juvenile corrections is established. B. The department shall have as its purpose the supervision, rehabilitation, treatment and education of all committed youth. 41-2803. Director; appointment; qualifications; compensation A. The director of the department shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. B. The director, as minimum qualifications, shall have administrative experience in youth rehabilitative and treatment programs and educational qualifications and training which enable the director to manage the department in a manner consistent with the mission and purpose of the department. C. The compensation of the director shall be as determined pursuant to section 38-611. 41-2804. Duties and powers of director A. The director shall: 1. Be responsible for the overall operations and policies of the department. 2. Maintain and administer all secure care facilities and programs within the department required and established for the custody, control, treatment, education and rehabilitation of all youths committed to the department. 3. Be responsible for the administration and execution of all conditional liberty services for youths released pursuant to rules adopted by the director in accordance with law. 4. Be responsible for the development of policies and programs which shall be recommended to the governor and the legislature for the purpose of improving the youth rehabilitative and treatment programs of this state. 5. Develop and establish a uniform statewide method of reporting statistics as related to this chapter. 6. Subject to chapter 4, article 4 of this title, employ deputy directors and other key personnel based on qualifications prescribed by the director that require education and practical experience. B. The director may: 1. Adopt rules to implement the purposes of the department and the duties and powers of the director. 2. Take any administrative action to improve the efficiency of the department, including the following: (a) Create new divisions or units or consolidate divisions or units. (b) Subject to chapter 4, article 4 of this title, transfer employees between the various divisions and units of the department. (c) Shift duties between divisions or units. (d) Delegate authority to appoint, hire, terminate and discipline all personnel of the department, including specialists and consultants subject to chapter 4, article 4 and, as applicable, article 5 of this title. (e) Transfer committed youths between secure care facilities. (f) Transfer youths who have been committed to the department or to any facility under its jurisdiction between the various secure care facilities for youths, foster homes and public and private agencies on notification to the committing court. (g) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, appoint certain employees of the department to peace officer status for purposes of guarding, transporting or pursuing persons under the jurisdiction of the department and appoint certain employees of the department to peace officer status for purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department. 3. Contract with other agencies or institutions in furtherance of any department program. 4. Authorize the temporary escort of a youth for compassionate leave or for the purposes of treatment, education or rehabilitation. The director shall consider the public safety and any other relevant factors before approving the temporary escort of a youth. Department staff shall escort and maintain custody of a youth authorized for temporary escort. 5. Adopt guidelines to dispose of property that is no longer needed or necessary for use in a department educational, vocational, treatment, training or work program. The disposition of property is exempt from chapter 23, article 8 of this title. 6. Accept and spend private grants of monies to effectuate the purposes of section 41-2827. C. Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state. Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding. Personnel appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822. Personnel appointed by the director pursuant to subsection B, paragraph 2, subdivision (g) of this section are not eligible to participate in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4. 41-2804.01. Religious services advisory committee; appointment; duties; religious programs A. The director shall establish a religious services advisory committee to consist of nine members, no fewer than six of whom shall be representatives of the religious community. B. The director shall appoint the committee members, who shall serve at the director's pleasure. The chaplains employed by the department and the members of the religious services advisory committee shall make recommendations regarding appointments to the committee. Committee members shall not receive compensation. C. The religious services advisory committee shall meet at least quarterly and shall submit quarterly progress reports and recommendations to the director. D. The religious services advisory committee shall advise the director regarding the provision of religious programs to all youth in secure care facilities who desire the services. E. The department shall make available religious programs that accommodate the religious faiths held by youth in secure care facilities as long as the programs would not interfere with the safety or security of the facility, staff or youth. F. Participation in religious programs shall be available to all youth in secure care facilities. Participation in religious programs by committed youth shall be strictly voluntary. No youth shall be coerced to participate in religious programs nor shall any effort be made to coerce any youth to adopt or change any religious affiliation or beliefs. 41-2805. Health care A. The director may provide medical, dental and health services for committed youth. The director may contract for professional services to assist the director in carrying out the responsibility on behalf of this state if all of the records in connection with the services are made and retained by authorized or qualified medical and professional personnel and not by any youth. The records when not in use shall be retained in a safe and secure place. B. If a committed youth who is not residing with the youth's parent or legal guardian is in need of medical, surgical or dental care, and a spouse, adult next of kin or legal guardian is not immediately available or has not previously given authorization for such care, the director or the director's authorized representative, on the recommendation of the attending physician or dentist, may authorize the performance of such necessary medical, surgical or dental service. 41-2806. Committed youth canteen; establishment; prices; goods; insurance A. The department may establish and maintain a committed youth canteen at any secure care facility. The committed youth canteens may offer for sale, at prices fixed by the director, toilet articles, candy, notions and other sundries for consumption on the premises. The department may provide the facilities, personnel and merchandise necessary to operate the committed youth canteens. All profit from the committed youth canteens shall be deposited in the department of juvenile corrections fund established by section 41-2810. B. The department may purchase insurance against the damage or loss of committed youth canteen materials, supplies and equipment. 41-2807. Medical services; rate structure If a youth in a secure care facility requires health care services that the department, the facility or a provider contracted by the department cannot provide, the department shall pay approved claims from a facility or provider that provides these services as follows: 1. For inpatient and outpatient hospital services, the department shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01, subsection G, unless the department has a contract with the vendor. 2. For health and medical services, the department shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29, article 1 and that is in effect at the time the services are delivered. 41-2809. Investment of committed youths' monies; deposit of proceeds; commingling permitted The director may deposit any youth's monies in the director's possession in a separate account of the department of juvenile corrections fund established by section 41-2810 or, subject to the approval of the state treasurer, deposit such monies in interest bearing bank accounts. On notice from the director, youths' monies deposited in the juvenile corrections fund shall be invested pursuant to section 35-313. Any proceeds from investments or deposits shall be credited to the department of juvenile corrections youths' account. 41-2810. Power to accept and expend gifts; department of juvenile corrections fund The department may accept and expend federal monies or private grants of monies, gifts and devises and may accept, manage or dispose of property to effectuate the purposes of this chapter. These monies and other monies received pursuant to this article except as otherwise provided shall be deposited, pursuant to sections 35-146 and 35-147, in a department of juvenile corrections fund and shall be expended on warrants drawn by the department of administration on order of the director of the department of juvenile corrections. Any unexpended monies do not revert to the general fund at the close of the fiscal year. 41-2811. Number of divisions or units The department shall consist of such number of divisions or units as may be established by the director. Each division or unit shall be under the supervision of a person appointed by the director. 41-2812. Collection of maintenance for committed youth A. When a youth is committed by the proper court to the department or to any facility under its jurisdiction, and an order is made by the proper court concerning the charges, expenses and maintenance payable by the committed youth or the youth's estate, parent or guardian, the director shall acknowledge receipt of the money received to the person concerned and shall deposit the money received in the department of juvenile corrections restitution fund established by section 41-2826 for the purpose of funding work restitution programs for juveniles. B. When a youth is committed by the proper court to the department or to any facility under its jurisdiction, at the request of the parent or guardian, the charges, expenses and maintenance of the youth while in such custody, and the youth's transportation to a secure care facility, shall be paid by the parent or guardian unless the court or the department, for good cause shown, otherwise orders, in which case transportation shall be paid by the county where the commitment issues and the charges, expenses and maintenance, in whole or in part, shall be paid by this state. The department, on receipt of any payment, shall follow the procedure in subsection A of this section. C. The director shall institute proceedings for the collection of delinquent payments to the department in the proper court on petition and notice to the party concerned. D. When a youth is committed by the court to the department and ordered to pay a fee of not less than fifty dollars each month for the supervision of the committed youth, the parent or guardian of the youth may pay the fee directly to the department for deposit into the department of juvenile corrections restitution fund. 41-2813. Agreements with federal or private agencies and institutions; contract review A. The department may enter into agreements with the federal government, other states or their agencies for such compensation on which they agree to accept or deliver committed youth or to administer rehabilitative programs. Notwithstanding section 35-193, any monies received by the department under such agreements shall be kept in a separate revolving fund for current usage and do not revert to the state general fund if unexpended at the close of a fiscal year. B. The department may contract with private or public institutions within and without this state possessing adequate supervision and facilities for provision of any of the following services for committed youth: 1. Detention. 2. Secure care. 3. Education. 4. Employment. 5. Treatment. 6. Rehabilitation. 7. Conservation camps. 8. Work programs. C. The department shall submit all contracts entered into pursuant to subsection B of this section to the attorney general to determine if the contract is within the authority granted under the laws of this state and in proper form. 1. The following criteria will be reviewed prior to a proposer being considered for award of a contract: (a) The qualifications, operations and management experience and experienced personnel that are necessary to carry out the terms of the contract. (b) The ability to comply with any applicable standards and specifications that the department defines and any specific court order, if required. (c) A demonstrated history of successful operation and management as a service provider. 2. The contractor shall carry liability insurance in an amount that is approved by the risk management section of the department of administration and shall file proof of the insurance with the risk management section. 3. The contractor shall provide audited financial statements for the previous five years, or if the contractor has been in operation for less than five years, for each of the years the contractor has been in operation, and shall provide other financial information that is requested by the department. 4. No contract for services may authorize, allow or imply a delegation of authority or responsibility to a contractor for any of the following: (a) Granting conditional liberty. (b) Establishing length of stay guidelines. (c) Revoking conditional liberty. (d) Granting absolute discharge. D. When a youth is committed, the clerk of the committing court shall file with the department a certified copy of the order of the court, with a sufficient transcript of the record to inform the department of the material facts of the case. 41-2814. Fingerprinting; direct contact with committed youth; exception; violation; classification; definitions A. Each employee of the department and any licensee or contract service provider, employee of any licensee or contract service provider and each volunteer who has unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department shall be fingerprinted and is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 1. These individuals shall submit fingerprints and the form prescribed in subsection G of this section within ten days before the date of unsupervised direct contact with committed youth. Unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is conditioned on the results of the fingerprint check. B. Each employee of a licensee or contract service provider, each contractor and licensee, and each volunteer who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 16. A visitor who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 16. A person's entry into a secure care facility under the jurisdiction of the department is conditioned on the results of the criminal history records check pursuant to this subsection. C. Except as provided in subsection A of this section, a paid or unpaid employee of a licensee or contract service provider who has direct contact with committed youth outside of a secure care facility shall submit the form prescribed in subsection G of this section and have a valid fingerprint clearance card issued pursuant to chapter 12, article 3.1 of this title or shall apply for a fingerprint clearance card within seven days after beginning employment. Direct contact with committed youth pursuant to this subsection is conditioned on the results of the fingerprint and criminal history records check pursuant to section 41-1750, subsection G, paragraphs 1 and 16. D. A service contract or license with any contract service provider or licensee is subject to immediate cancellation or termination if a paid or unpaid employee of the contract service provider or licensee who has direct contact with committed youth meets either of the following: 1. Certifies pursuant to subsection G of this section that the individual is awaiting trial on or has been convicted of or has attempted or committed any of the offenses listed in subsection G of this section in this jurisdiction or acts committed in another jurisdiction that would be offenses in this jurisdiction. 2. Is required to possess a valid fingerprint clearance card pursuant to subsection C of this section and does not possess or is denied issuance of a valid fingerprint clearance card. E. A contract service provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if an individual who does not possess or has been denied issuance of a valid fingerprint clearance card as required by subsection C of this section or who certifies pursuant to subsection G of this section that the individual has been convicted of or is awaiting trial on or has attempted or committed any of the offenses listed in subsection G, paragraphs 1, 2, 3, 6, 7, 9, 15, 16, 17, 18 and 21 of this section is immediately prohibited from employment or service with the contract service provider or licensee in any capacity requiring or allowing direct contact with committed youth. F. A contract service provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if an individual who does not possess or has been denied issuance of a valid fingerprint clearance card as required by subsection C of this section or who certifies pursuant to subsection G of this section that the individual has been convicted of or is awaiting trial on or has attempted or committed any of the offenses listed in subsection G, paragraphs 4, 5, 8, 10, 11, 12, 13, 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract service provider or licensee in any capacity requiring or allowing direct contact with committed youth, unless the person is granted a good cause exception pursuant to section 41-619.55. G. Each individual who is listed in subsections A and B of this section and who has direct contact with committed youth and each individual who is listed in subsection C of this section shall certify on forms provided by the department whether the individual is awaiting trial on or has ever been convicted of or has attempted or committed any of the following criminal offenses in this state or similar offenses in another state or jurisdiction: 1. Sexual abuse or sexual harassment of a minor. 2. Incest. 3. First or second degree murder. 4. Kidnapping. 5. Arson. 6. Sexual assault. 7. Sexual exploitation of a minor. 8. Contributing to the delinquency of a minor. 9. Commercial sexual exploitation of a minor. 10. Any offense involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs. 11. Any offense involving the possession or use of marijuana, dangerous drugs or narcotic drugs. 12. Burglary. 13. Aggravated or armed robbery. 14. Robbery. 15. A dangerous crime against children as defined in section 13-705. 16. Child abuse. 17. Sexual conduct with a minor. 18. Molestation of a child. 19. Manslaughter. 20. Assault or aggravated assault. 21. Exploitation of minors involving drug offenses. 22. A violation of section 28-1381, 28-1382 or 28-1383. 23. Any offense involving domestic violence. H. The department shall make documented, good faith efforts to contact previous employers of personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment. I. Hospital employees, licensed medical personnel, staff and volunteers who provide services to juveniles in a health care facility located outside the secure care facility and who are under the direct visual supervision as is medically reasonable of the department's employees or the department's contracted security employees are exempt from the requirements of this section. J. Except as provided in this subsection, the department may not allow an individual who is listed in subsections A, B and C of this section and who is awaiting trial on or who has committed, attempted or been convicted of a felony offense pursuant to subsection G of this section to have supervised or unsupervised direct contact with committed youth. Notwithstanding subsections A, B, C, and D of this section, the director may allow an individual who is listed in subsections A, B and C of this section and who has been convicted of an offense listed in subsection G, paragraph 5, 10, 11, 12, 13, 14, 19, 20, 22 or 23 of this section to have supervised direct contact with committed youth if the director finds that the individual is successfully rehabilitated. In determining whether an individual is successfully rehabilitated, the director: 1. May require the individual to disclose evidence regarding substantiated allegations of neglect or child or vulnerable adult abuse pursuant to section 13-3623. 2. Shall consider all of the following: (a) The extent of the individual's criminal record. (b) The length of time that has elapsed since the offense was committed. (c) The nature of the offense. (d) Any applicable mitigating circumstances. (e) The extent of the individual's rehabilitation, including: (i) The completion of probation, parole or community supervision. (ii) Whether the individual paid restitution or any other compensation for the offense. (iii) Any evidence of positive action to change criminal behavior, including completion of a drug treatment program or counseling. (iv) Any personal references attesting to the individual's rehabilitation. K. The department of juvenile corrections shall notify the department of public safety if the department of juvenile corrections receives credible evidence that an individual who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B. 2. Falsified information on the form required by subsection G of this section. L. An individual who makes a false statement, representation or certification in an application for employment with the department is guilty of a class 3 misdemeanor. M. For the purposes of this section: 1. "Direct contact" means supervised or unsupervised contact with committed youth. 2. "Employee" means paid and unpaid personnel who have direct contact with committed youth. 3. "Supervised" means in the presence of a department employee. 4. "Unsupervised" means outside the presence of a department employee. 41-2815. Individual treatment plan; diagnostic assessment; placement A. The department shall develop for each committed youth an individual treatment plan based on a diagnostic psychological evaluation and educational assessment received from the court pursuant to section 8-341 or performed by the department. The individual treatment plan shall take into consideration the public safety and other factors that are relevant to the youth's treatment, rehabilitation and education. B. The diagnostic assessment that is required by subsection A of this section shall be conducted under the supervision of a psychologist licensed pursuant to title 32, chapter 19.1. The written evaluation shall include: 1. The reason for the referral. 2. Relevant medical findings. 3. A description of the tests and screening devices that are administered and the results. 4. An assessment of the youth's intellectual functioning and levels of achievement, including a neuropsychological screening and, if applicable, a diagnostic statistical manual-IIIR diagnosis and psychoeducational diagnosis. 5. The developmental, social and educational histories of the youth. 6. An analysis of the youth's problematic behavior, including a description of the behavior, its frequency and duration, any aggravating or mitigating circumstances and the likelihood that the problematic behavior will recur, and an analysis of related factors. 7. An assessment of the youth's family system, including the ability of the family to supervise the youth and support positive behavior in the youth. The evaluation may recommend the types of services needed to strengthen the family's ability to supervise and support the youth. 8. An assessment of the youth's strengths and skills especially those related to changing the problematic behavior. 9. Specific recommendations regarding the level and type of services and supervision that would address the youth's problematic behavior and educational deficiencies, if any. C. Based on the youth's individual treatment plan, the department shall assign each committed youth to an appropriate educational program in a secure care facility or other placement. The department shall establish or contract for secure care facilities and residential and nonresidential community placements and programs. 41-2816. Secure care facilities; rehabilitative services; length of stay guidelines A. The department shall operate and maintain or contract for secure care facilities for the custody, treatment, rehabilitation and education of youth who pose a threat to public safety, who have engaged in a pattern of conduct characterized by persistent and delinquent offenses that, as demonstrated through the use of other alternatives, cannot be controlled in a less secure setting or who have had their conditional liberty revoked pursuant to section 41-2819. B. Each youth who is placed in a secure care facility shall receive rehabilitative services appropriate to the youth's age, needs and abilities, including education, counseling, mental health services, recreation and vocational training. C. The department in cooperation with the juvenile court shall develop length of stay guidelines that are consistent with both treatment and public safety considerations. The department in cooperation with the juvenile court shall annually review the length of stay guidelines. Each youth who is placed in a secure care facility shall be assigned a length of stay pursuant to the length of stay guidelines. The length of stay shall set forth minimum and maximum review dates. 41-2817. Community based care A. The department shall establish and operate or contract for the operation of a system of community based programs to supervise and rehabilitate youth in the least restrictive environment consistent with public safety and the needs of the youth. The programs shall consist of both residential and nonresidential nonsecure treatment centers. B. Before incurring any obligation for the establishment of a community based residential treatment center, the department shall give at least sixty days' written notice to the city, town and school district affected and to the county board of supervisors for an unincorporated area. The county, city, town or school district may contest establishment of a community based residential treatment center by written objection filed with the department within thirty days after receiving notice and may request a hearing to be conducted by the department pursuant to chapter 6, article 6 of this title. 41-2818. Conditional liberty; notification; consent A. After a determination by the department that a youth is not likely to be a threat to the public safety if released and that the youth's continued treatment, rehabilitation and education in a less restrictive setting are consistent with the public's safety and interest, the youth may be granted conditional liberty and placed under the care of the youth's parent or legal guardian or a resident of this state of good moral character or placed in a community based treatment center. B. Each youth who is placed on conditional liberty is subject to the conditions imposed by the department, including an assignment to an educational program. When conditional liberty is granted, the youth shall receive and sign a copy of the terms of conditional liberty. C. The department shall notify the committing court and the county attorney in the county in which the youth was committed twenty days before granting conditional liberty. The department shall consider the recommendation of the court, the county attorney and the victim, if any, before granting conditional liberty. D. If the department grants conditional liberty, the department shall provide the court and county attorney with a copy of the youth's terms of conditional liberty. If the youth was adjudicated for an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34, the department may require the juvenile to: 1. Complete alcohol or other drug screening, education or treatment that is licensed through the department of health services. 2. Submit to random drug and alcohol testing at least two times per week as a condition of the youth's conditional liberty. E. Notwithstanding any other law, the department's consent to place a youth in a community based residential treatment center constitutes the consent necessary for the placement of the youth pursuant to this section. 41-2819. Revocation of conditional liberty; suspension A. The department may revoke conditional liberty granted under section 41-2818 if the department determines that the youth has violated one or more terms of conditional liberty and that the youth's return to or placement in a secure care facility is in the best interests of the public. B. The department shall establish procedures for the revocation and suspension of conditional liberty. C. If the director or an officer designated by the director has reasonable cause to believe that a youth who has been granted conditional liberty has violated a term of conditional liberty, the officer may issue a citation that requires the youth to appear at a conditional liberty revocation proceeding or may issue a warrant for the apprehension of the youth. D. A youth may be apprehended and returned to a secure care facility by a law enforcement agency or an officer designated by the director if the agency or officer: 1. Has a warrant for the apprehension of the youth. 2. Has probable cause to believe that a warrant has been issued for the apprehension or arrest of the youth. 3. Has probable cause to believe that the youth has committed a violation of law. 41-2820. Discharge A. Each youth shall be discharged from the jurisdiction of the department on attaining eighteen years of age, except that if the juvenile court retained jurisdiction over the youth pursuant to section 8-202, subsection H, the youth shall be discharged from the jurisdiction of the department on or before attaining nineteen years of age. B. If the department determines that the youth's treatment, rehabilitation and education pursuant to the individual treatment plan have been successfully completed and that there is a reasonable probability that the youth will observe the law and will not be a threat to the public's safety if at liberty, the youth may be granted a discharge. On the discharge of a youth pursuant to this subsection, the department shall promptly notify the committing court, the county attorney in the county in which the youth was committed and the victim or the victim's representative of the discharge. C. Except as provided in subsection D of this section, a youth shall be discharged from the jurisdiction of the department of juvenile corrections if the youth is convicted of a felony offense. D. A youth who is convicted of a felony offense and who committed the offense while residing in a secure care facility operated by the department of juvenile corrections either: 1. Shall be discharged from the department of juvenile corrections if the youth is sentenced to the state department of corrections. 2. May be discharged from the department of juvenile corrections if the youth is placed on adult probation and all the following apply: (a) The youth has completed the minimum length of stay in secure care, if any, that was assigned by the committing juvenile court pursuant to section 8-341. (b) The youth would have been eligible to be placed on conditional liberty pursuant to section 41-2818. (c) The youth is subject to the jurisdiction of an adult probation department. E. A youth may be discharged from the jurisdiction of the department if the youth is placed by civil commitment under the jurisdiction of another agency. F. A youth shall be conditionally discharged from the jurisdiction of the department if all of the following requirements are satisfied: 1. The youth has completed the minimum length of stay in a secure care facility, if any, that was assigned by the committing juvenile court pursuant to section 8-341. 2. The United States immigration and customs enforcement enforces a detainer by taking custody of the youth for immigration proceedings. 3. The youth signs a condition that the youth's discharge will be vacated if the youth returns to the United States without legal authorization. G. If the department receives actual notice that a youth who received a discharge pursuant to this section has returned to the United States without legal authorization prior to the youth's attaining eighteen years of age, the department shall: 1. Vacate the discharge. 2. Place the youth on conditional liberty status. 3. Issue a warrant for the apprehension of the youth. 4. Notify the United States immigration and customs enforcement. 5. Take the youth into custody. H. Notwithstanding subsection A of this section, a youth who is at least eighteen years of age shall be discharged from the jurisdiction of the department if the jurisdiction over the youth has been retained pursuant to section 8-202, subsection H and the youth is charged with a criminal offense. 41-2821. Treatment of mentally ill youth and youth with developmental disabilities A. The department of juvenile corrections and the department of health services shall develop an intergovernmental agreement to define their respective roles in providing services to mentally ill youth who are committed to the department of juvenile corrections. The agreement shall designate specific procedures for providing services to committed youth and shall provide a means of sharing funding, expertise and training opportunities. Each department shall adopt rules to implement the agreement. B. The department of juvenile corrections and the department of economic security shall develop an intergovernmental agreement to define their respective roles in providing services to youth with developmental disabilities who are committed to the department of juvenile corrections. The agreement shall designate specific procedures for providing services to committed youth and shall provide a means of sharing funding, expertise and training opportunities. Each department shall adopt rules to implement the agreement. 41-2822. Committed youth work program A. The director shall establish a committed youth work program for youths in secure care facilities and on conditional liberty to ensure that: 1. All committed youths in a secure care facility receive work assignments commensurate and compatible with the condition and limitations of the youth's physical and mental health. 2. Committed youths on conditional liberty, as a condition of liberty, may receive work assignments. All work assignments shall be commensurate and compatible with the condition and limitations of the youth's physical and mental health. 3. No committed youth in a secure care facility or on conditional liberty participates in a work assignment that threatens the safety and security of the public, a secure care facility or the committed youth. B. A committed youth may be exempted from the work requirement if the staff determines that the exemption is necessary for the health, safety or treatment of the youth. The director or the director's authorized designee shall review and approve each exemption of a committed youth from engaging in the work requirements of this section. C. Notwithstanding title 23, chapter 2, article 3 relating to youth employment, each youth who is under commitment to the department, who is confined in a secure care facility under the department's jurisdiction and who is not regularly attending and making satisfactory progress in educational classes shall engage in work for at least forty hours a week unless exempted pursuant to subsection B of this section. D. Each committed youth who is engaged in productive work while under the jurisdiction of the department may receive such compensation for the youth's work as the director determines. The compensation shall be in accordance with a graduated schedule based on quality and quantity of work performed and skill required for its performance. E. The compensation of committed youths shall be paid directly by an outside entity or monies appropriated by the legislature or by the department with monies from the department of juvenile corrections restitution fund established by section 41-2826. F. A minimum of two-thirds of any compensation earned pursuant to this section by a committed youth in a secure care facility shall be paid to the clerk of the superior court to satisfy any juvenile court restitution order made pursuant to section 8-344. While a youth is on conditional liberty, the department shall determine the amount of wages to be credited to restitution. G. The department shall require the payment of court-ordered restitution, monetary reimbursements or assessments as a term of conditional liberty. H. With the approval of the juvenile court and the victim, community restitution hours may be substituted for monetary restitution or monetary assessments at a rate deemed reasonable by the department. I. The department may enter into contracts with this state, any political subdivision of this state or private entities in order to provide employment or vocational educational experience. 41-2822.01. Education requirement for committed youth A. A committed youth who is confined in a secure care facility and who has not received a high school diploma, a high school certificate of equivalency or an exception from the director shall attend school full time and make satisfactory progress in educational classes. A committed youth who is confined in a secure care facility and who has achieved a high school diploma or a high school certificate of equivalency may attend or participate in regular classes or the educational programming established or provided by the department as the department deems appropriate. B. If a committed youth regularly attends and is making satisfactory progress in educational classes as prescribed in this section, the committed youth shall be required to work at least twenty hours a week with up to ten hours of homework a week counting toward this requirement. C. Notwithstanding subsection A of this section, a committed youth who is at least sixteen years of age, has not received a high school diploma, a high school certificate of equivalency or an exception from the director and who is functionally literate may take the general equivalency diploma test or an equivalency test approved by the state board of education prior to release from a secure care facility. The committed youth may be required to demonstrate readiness for the general equivalency diploma test through an assessment or by completion of a practice test in order to request administration of the general equivalency diploma test or an equivalency test approved by the state board of education. 41-2823. Escape of youth committed to department; aiding in escape; violation; classification A. It is unlawful for a youth who is committed to the department by the superior court and who is confined in any state secure care facility under the jurisdiction of the department or any other secure care facility in which such youth are confined under contractual agreement with the department to escape from such facility or from the lawful custody of any law enforcement officer or an employee of the department. B. The officers and employees of the department have the powers and privileges of peace officers as far as necessary to arrest committed youth who have escaped from any secure care facility, as provided in subsection A. On verbal or written request of the director or the director's designee, any peace officer shall apprehend or take into custody, without the necessity of a warrant or court order, an escaped committed youth and deliver the committed youth to the custody of the department immediately. C. A person who knowingly permits or aids a committed youth confined to a state institution or facility as provided in subsection A to escape or conceals any committed youth with the intent of enabling that offender to elude pursuit is guilty of a class 6 felony. 41-2824. Training institute A. A training institute is established within the department of juvenile corrections to train those persons who work with committed youth in juvenile justice. B. The director shall establish and maintain training institutes under the jurisdiction of the department. C. The director may: 1. Employ personnel and any faculty necessary to operate the training institute. 2. Solicit, accept and expend gifts and grants. 3. Adopt training standards. 4. Approve the training curriculum, including continuing education and advanced and specialized training courses. 5. Issue a certificate of completion to a person who satisfactorily completes a training program of not less than two hundred forty hours. D. A postsecondary institution may provide the training courses the director may approve under subsection C, paragraph 4 of this section. E. The director shall adopt rules for reimbursing reasonable tuition and fees for employees who attend the training institute. If an agency other than the department sends an employee to the training institute, the agency shall pay all of its employee's tuition and fees. 41-2825. Community work program A. A community work program is established under the jurisdiction of the department. B. The director may place a person granted conditional liberty in the community work program under the direction of the department. C. The community work program shall involve community restitution programs, including graffiti abatement, park maintenance and other community restitution activities. D. The department may credit a youth for community restitution pursuant to section 41-2826 at a rate deemed reasonable by the director. Monies credited to the youth under this subsection may only be used to satisfy restitution or court ordered monetary assessments. 41-2826. Department of juvenile corrections restitution fund A. The department of juvenile corrections restitution fund is established for the payment of restitution and monetary assessments by youths who are ordered to pay restitution or monetary assessments and who are financially unable to pay or who are otherwise unable to be employed to earn money to pay restitution or monetary assessments and who are working in the committed youth work program prescribed by section 41-2822 or the community work program established by section 41-2825. The fund consists of federal, state and local appropriations and grants, gifts, devises and donations from any public or private source. The fund shall be used to pay a youth for the youth's work in the committed youth work program prescribed by section 41-2822 and to provide monies for the community work program established by section 41-2825. B. The director may direct the payment of monies from the fund to the victim or the court for community restitution activities the youth does to pay restitution or monetary assessments that were ordered by the juvenile court or that the youth agreed to pay as part of a community work program administered by the department. If a youth performs community restitution pursuant to this subsection, the entity providing the work shall supervise the youth's work. The youth shall be credited for each hour worked at an hourly rate set by the director. C. As monies are available, the department shall pay from the fund youths who perform work or community restitution activities for restitution and monetary assessments purposes. D. The department may expend, for the payment of administrative costs and expenses, an amount not greater than ten percent of the fund balance as of the end of the preceding fiscal year. E. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-2827. Products produced by committed youths; materials; disaffirmance; contracts A. Products that are produced by committed youths pursuant to an educational, vocational, treatment, training or work program are the property of the department and may be marketed to the public by the department. B. The department may purchase raw materials, components and supplies for use in the manufacture of products in a department educational, vocational, treatment, training or work program. C. The department shall fix and determine the prices at which all articles, services or products that are manufactured, provided or produced shall be furnished or sold. All articles or products that are manufactured or produced or services that are provided through department educational, vocational, treatment, training or work programs shall be priced at not less than the actual cost of producing and marketing the product plus a reasonable amount for overhead and administrative costs and a reasonable profit to provide fiscal resources for the research and development of programs for committed youths. D. Sales of products that are produced by committed youths pursuant to a department educational, vocational, treatment, training or work program are not subject to disaffirmance because of minority. E. The director or the director's designee may contract with any state agency, political subdivision or private person, firm, corporation or association to provide services or products produced by committed youths pursuant to an educational, vocational, treatment, training or work program. 41-2831. State educational system for committed youth; report A. The director shall establish a state educational system for committed youth for the common and high school education of committed youth. B. The director shall identify three persons who are qualified to serve as superintendent of the state educational system for committed youth. The director and the superintendent of public instruction shall agree on one of the three persons whom the director shall employ as superintendent to manage the educational system. The superintendent of the educational system shall employ teachers and other personnel as needed in accordance with chapter 4, article 4 of this title, subject to the approval of the director. All persons who are employed to work in the educational system including the superintendent shall hold the appropriate certificate prescribed by the state board of education in section 15-203, subsection A, paragraph 14. C. The director shall cause to be implemented the course of study for youth who are enrolled in the state educational system for committed youth. D. The director shall consider the inclusion of factors related to a pupil's academic progress and standards of behavior as part of the length of stay guidelines adopted as prescribed in section 41-2816. E. The state educational system for committed youth shall provide appropriate education to all committed youth as required by state and federal law. If not otherwise required by law, the educational system shall provide an appropriate education to all committed youth who have not received a high school diploma or a high school certificate of equivalency. F. On entrance of a youth to the state educational system for committed youth, the educational system shall administer a basic skills examination to the youth to determine the educational needs of the youth. A similar examination shall be administered on the youth's exit from the educational system to assess the youth's progress while enrolled in the educational system. G. The department is entitled to receive equalization assistance for the costs of the state educational system for committed youth as provided in title 15, chapter 11.1. H. The superintendent shall: 1. Keep records and provide information as the department of education requires to determine the appropriate amount of equalization assistance. 2. Prepare an annual financial report containing information similar to that provided by school districts in the report prescribed in section 15-904 in a format prescribed by the department of administration in consultation with the auditor general and submit the report to the governor, the speaker of the house of representatives, the president of the senate and the department of education by November 1. When submitting the report to the speaker and president, the superintendent shall send a copy of the report to the chairmen of the house and senate education committees and shall send a notice to all other legislators that the report is available on request. 3. Establish a system for communicating with each youth's school district of residence in order to facilitate the transfer of records, the determination of the most appropriate educational program and the transfer of educational credit. I. The department of administration shall develop and maintain a special pay plan for teachers and other professional educational personnel within the state educational system for committed youth. The pay plan shall attempt to keep salaries at a comparable level to that of public school district personnel. J. Notwithstanding any law to the contrary, the director shall designate an educational program for youth on conditional liberty and, if it is in the best interests of the youth and the community, may assign a youth to a specific public or private educational program. 41-2832. County contributions for committed youth in secure care facilities; county payments; excluded costs (Rpld. 7/1/28) A. The department shall annually assess a committed youth confinement cost sharing fee to each county with a population of more than three million persons. B. Each county with a population of more than three million persons shall pay the monies owed within thirty days after a request by the department. If a county does not make the payment, the director shall notify the state treasurer of the amount owed and the state treasurer shall withhold the amount, including any additional interest as provided in section 42-1123, from any transaction privilege tax revenues that would otherwise be distributed to the county. The state treasurer shall deposit, pursuant to sections 35-146 and 35-147, the withholdings in the department of juvenile corrections local cost sharing fund established by section 41-2833. The department shall deposit the monies received from a county in the department of juvenile corrections local cost sharing fund established by section 41-2833. C. County contributions made pursuant to this section are excluded from the county expenditure limitations. D. Notwithstanding any other law, a county may meet the cost sharing requirements of this section from any source of county revenue designated by the county, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors. 41-2833. Department of juvenile corrections local cost sharing fund; use (Rpld. 7/1/28) A. The department of juvenile corrections local cost sharing fund is established consisting of monies collected and deposited pursuant to section 41-2832. The department shall administer the fund. B. Monies in the fund are subject to legislative appropriation and are to be used for the operating costs of the department.