41-2818. Conditional liberty;
notification
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. 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.
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