41-2822

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 out of monies received pursuant to section 8-243 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. If a committed youth in a secure care facility is not subject to a restitution
order but is subject to a monetary assessment by the court pursuant to section 8-341,
subsection G or H, a minimum of two-thirds of any compensation earned shall be paid to
the clerk of the superior court to satisfy the monetary assessment. While a youth is on
conditional liberty the department shall determine the amount of wages to be credited to
a monetary assessment.

H. If a committed youth in a secure care facility is not subject to a restitution
order or a monetary assessment, two-thirds of any compensation earned pursuant to this
section shall be used to defer the costs of room and board for maintaining the committed
youth at the secure care facility.

I. The department shall require the payment of court ordered restitution, monetary
reimbursements or assessments as a term of conditional liberty.

J. 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.

K. 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. Any revenues the department receives from the
contracts shall be deposited, pursuant to sections 35-146 and 35-147, in the department
of juvenile corrections career technical education fund established by section 41-2828
and shall be used in accordance with the purposes of the fund.