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.