Rule 5.804.Commitment to secure youth treatment facility

Secure youth treatment facilities replaced the state’s juvenile justice division, and commitment to one is tightly gated. Three things must be true: the youth committed an offense on the statutory serious-offense list when they were 14 or older; that offense is the most recent one for which they have been adjudicated; and the court finds on the record that a less restrictive alternative is unsuitable, after considering all relevant and material evidence including the recommendations of counsel, the probation department, and anyone else the court has designated to advise on disposition. That last finding requires the court to work through each of the statutory criteria.

Two terms are then set. The baseline term comes from the offense-based matrix. The maximum term of confinement is set on the facts and circumstances of the matters that brought or kept the youth under the court’s jurisdiction, as the court thinks appropriate to achieve rehabilitation — and the youth’s precommitment credits are applied to it.

At the time of commitment the court orders probation to prepare a proposed individualized rehabilitation plan, and must approve one no later than 30 court days after the commitment order. A hearing to review and approve it is set within that same window, and the proposed plan is filed and given to the prosecutor, the youth and the youth’s counsel at least 5 calendar days beforehand.

Finally, the court sets a progress review no later than six months from the commitment order — to evaluate how the youth is doing against the rehabilitation plan and to decide whether the baseline term should be modified.