§ 14-1-36.3. Community confinement. (a) The family court may authorize that a sentenced youth or a youth who is subject to an order of detention to the Thomas C. Slater training school be placed in the community in an appropriate setting as specified in §§ 14-1-27 and 14-1-32 for a period of time as determined by the court. In any instance wherein the family court authorizes the release of a sentenced youth from the Thomas C. Slater training school to community confinement, the youth shall be supervised by probation pursuant to § 14-1-33 and the term of community confinement shall not exceed the term of his or her sentence to the training school.

(b) The court order to place a detained youth or a sentenced youth on probation and/or in community confinement may include the use of electronic surveillance or monitoring devices as defined in this chapter, upon the finding by the court that:

(1) The youth is charged with or adjudicated on an offense which meets the definition of "delinquent" as found in 14-1-3(5); and

(2) The youth would otherwise be detained at or sentenced to the Thomas C. Slater Training School for Youth; and

(3) The use of the surveillance or devices will allow the youth to be released to the home of a legal guardian, family member, or foster home placement.

(c) Any use of electronic surveillance and monitoring devices authorized for non-adjudicated youth who have been detained in accordance with the provisions of this chapter shall be limited to thirty (30) days unless the court determines that an additional period not to exceed thirty (30) days is necessary for the safety or welfare of the youth and/or the community.

(d) Any use of electronic surveillance and monitoring devices authorized for adjudicated youth who have been sentenced in accordance with the provisions of this chapter shall be limited to a period not to exceed sixty (60) days unless the court determines that an additional period not to exceed thirty (30) days is necessary for the safety or welfare of the youth and/or the community.

(e) The department is authorized to adopt, amend, and rescind regulations in accordance with this chapter and implement its provisions, including rules and regulations for the application, surveillance and reporting of youth compliance with electronic surveillance and monitoring devices. The regulations shall be promulgated and become effective in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.

History of Section. (P.L. 2011, ch. 151, art. 17, § 4.)