§ 42-72-17.2. Limits to population at the youth development center and the youth assessment center. (a) The Rhode Island training school shall consist of a youth development center, a youth assessment center and a female correctional treatment facility. The youth development center and the youth assessment center shall not exceed a maximum daily capacity of one hundred forty-eight (148) detained and/or adjudicated males. The female correctional treatment facility shall not exceed a maximum daily capacity of twelve (12) detained and/or adjudicated females.

(b) The director of the department of children, youth and families shall notify the chief judge of the family court whenever the census of the detained and/or adjudicated male youth or of the detained and/or adjudicated female youth approaches ninety-five percent (95%) of maximum population capacity. The training school superintendent or his or her designee shall thereupon refer to the family court, for consideration for release from the training school, those youth who do not pose a credible risk of harm to self or others or for whom there is no substantial risk that the youth may leave the jurisdiction of the state.

(c) Following a hearing, the family court shall authorize the release of such youth from the training school, unless the court finds that the child:

(1) Poses a substantial risk of harm to self; or

(2) Poses a substantial risk of harm to others; or

(3) Has demonstrated that he or she may leave the jurisdiction of the court.

Provided, however, any child who has been certified and adjudicated pursuant to §§ 14-1-7.2 and 14-1-7.3, may not be released prior to the end of his or her sentence, except as authorized under § 14-1-42 of this chapter.

History of Section. (P.L. 2008, ch. 9, art. 12, § 3.)