80-6-804. Review and termination of secure care.
(1) If a juvenile offender is ordered to secure care under Section, the juvenile offender shall appear before the authority within 45 days after the day on which the juvenile offender is ordered to secure care for review of a treatment plan and to establish parole release guidelines. 80-6-705
(2) Except as provided in Subsectionsand, if a juvenile offender is ordered to secure care under Section, the authority shall set a presumptive term of secure care for the juvenile offender from three to six months, but the presumptive term may not exceed six months. (2)(b) (2)(h) 80-6-705 If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may immediately release the juvenile offender on parole if there is a treatment program available for the juvenile offender in a community-based setting. Except as provided in Subsection, the authority shall release the juvenile offender on parole at the end of the presumptive term of secure care unless: (2)(h) termination would interrupt the completion of a treatment program determined to be necessary by the results of a validated risk and needs assessment under Section; or 80-6-606 the juvenile offender commits a new misdemeanor or felony offense. The authority shall determine whether a juvenile offender has completed a treatment program under Subsectionby considering: (2)(c)(i) the recommendations of the licensed service provider for the treatment program; the juvenile offender's record in the treatment program; and the juvenile offender's completion of the goals of the treatment program. Except as provided in Subsection, the authority may extend the length of secure care and delay parole release for the time needed to address the specific circumstance if one of the circumstances under Subsectionexists. (2)(h) (2)(c) The authority shall: record the length of the extension and the grounds for the extension; and report annually the length and grounds of extension to the department. Records under Subsectionshall be tracked in the data system used by the juvenile court and the division. (2)(f) If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may not: set a juvenile offender's presumptive term of secure care under Subsectionthat would result in a term of secure care that exceeds a term of incarceration for an adult under Sectionfor the same misdemeanor offense; or (2)(a) 76-3-204 extend the juvenile offender's term of secure care under Subsectionsandif the extension would result in a term of secure care that exceeds the term of incarceration for an adult under Sectionfor the same misdemeanor offense. (2)(c) (e) 76-3-204
(3) If a juvenile offender is ordered to secure care, the authority shall set a presumptive term of parole supervision, including aftercare services, from three to four months, but the presumptive term may not exceed four months. If the authority determines that a juvenile offender is unable to return home immediately upon release, the juvenile offender may serve the term of parole: in the home of a qualifying relative or guardian; at an independent living program contracted or operated by the division; or in a family-based setting with approval by the director or the director's designee if the minor does not qualify for an independent living program due to age, disability, or another reason or the minor cannot be placed with a qualifying relative or guardian. The authority shall release a juvenile offender from parole and terminate the authority's jurisdiction at the end of the presumptive term of parole, unless: termination would interrupt the completion of a treatment program that is determined to be necessary by the results of a validated risk and needs assessment under Section; 80-6-606 the juvenile offender commits a new misdemeanor or felony offense; or restitution has not been completed. The authority shall determine whether a juvenile offender has completed a treatment program under Subsectionby considering: (3)(c)(i) the recommendations of the licensed service provider; the juvenile offender's record in the treatment program; and the juvenile offender's completion of the goals of the treatment program. If one of the circumstances under Subsectionexists, the authority may delay parole release only for the time needed to address the specific circumstance. (3)(c) The authority shall: record the grounds for extension of the presumptive length of parole and the length of the extension; and report annually the extension and the length of the extension to the department. Records under Subsectionshall be tracked in the data system used by the juvenile court and the division. (3)(f) If a juvenile offender leaves parole supervision without authorization for more than 24 hours, the term of parole shall toll until the juvenile offender returns.
(4) Subsectionsanddo not apply to a juvenile offender ordered to secure care for: (2) (3) Section, aggravated assault resulting in serious bodily injury to another; 76-5-103 Section, aggravated murder or attempted aggravated murder; 76-5-202 Section, murder or attempted murder; 76-5-203 Section, manslaughter; 76-5-205 Section, negligent homicide; 76-5-206 Section, automobile homicide; 76-5-207 Section, automobile homicide involving using a wireless communication device while operating a motor vehicle; 76-5-207.5 Section, child abuse homicide; 76-5-208 Section, homicide by assault; 76-5-209 Section, aiding or encouraging suicide; 76-5-211 Section, aggravated kidnapping; 76-5-302 Section, aggravated sexual assault; 76-5-405 a felony violation of Section, aggravated arson; 76-6-103 Section, aggravated burglary; 76-6-203 Section, aggravated robbery; 76-6-302 Section, felony discharge of a firearm; 76-11-210 an offense other than an offense listed in Subsectionsthrough (p) involving the use of a dangerous weapon, as defined in Section, that is a felony; and (4)(a) 76-1-101.5 the juvenile offender has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon, as defined in Section; or 76-1-101.5 an offense other than an offense listed in Subsectionsthrough (q) and the juvenile offender has been previously ordered to secure care. (4)(a)