§ 5284. Youthful Offender Determination and Disposition Order
(a)(1) In a hearing on a motion for youthful offender status, the court shall first consider
whether public safety will be protected by treating the youth as a youthful offender.
If the court finds that public safety will not be protected by treating the youth
as a youthful offender, the court shall deny the motion and transfer the case to the
Criminal Division of the Superior Court pursuant to subsection 5281(d) of this title. If the court finds that public safety will be protected by treating the youth as
a youthful offender, the court shall proceed to make a determination under subsection
(b) of this section.
(2) When determining whether public safety will be protected by treating the youth as
a youthful offender, the court shall consider, on the basis of the evidence admitted:
(A) the nature and circumstances of the charge and whether violence was involved;
(B) the youth’s mental health treatment history and needs;
(C) the youth’s substance abuse history and needs;
(D) the youth’s residential housing status;
(E) the youth’s employment and educational situation;
(F) whether the youth has complied with conditions of release;
(G) the youth’s criminal record and whether the youth has engaged in subsequent criminal
or delinquent behavior since the original charge;
(H) whether supervising the youth on youthful offender probation is appropriate considering
the nature of the charged offense and the age and specialized needs of the youth;
(I) whether the youth has connections to the community; and
(J) the youth’s history of violence and history of illegal or violent conduct involving
firearms or other deadly weapons.
(b)(1) The court shall deny the motion if the court finds that:
(A) the youth is not amenable to treatment or rehabilitation as a youthful offender; or
(B) there are insufficient services in the juvenile court system and the Department for
Children and Families and the Department of Corrections to meet the youth’s treatment
and rehabilitation needs.
(2) The court shall grant the motion if the court finds that:
(A) the youth is amenable to treatment or rehabilitation as a youthful offender; and
(B) there are sufficient services in the juvenile court system and the Department for
Children and Families and the Department of Corrections to meet the youth’s treatment
and rehabilitation needs.
(c)(1) If the court approves the motion for youthful offender treatment after an adjudication
pursuant to subsection 5281(d) of this title, the court:
(A) shall approve a disposition case plan and impose conditions of juvenile probation
on the youth; and
(B) may transfer legal custody of the youth to a parent, relative, person with a significant
relationship with the youth, or Commissioner, provided that any transfer of custody
shall expire on the youth’s 18th birthday.
(2) Prior to the approval of a disposition case plan, the court may refer a child directly
to a youth-appropriate community-based provider that has been approved by the department
and which may include a community justice center or a balanced and restorative justice
program. Referral to a community-based provider pursuant to this subdivision shall
not require the court to place the child on probation. If the community-based provider
does not accept the case or if the child fails to complete the program in a manner
deemed satisfactory and timely by the provider, the child shall return to the court
for further proceedings, including the imposition of the disposition order.
(d) The Department for Children and Families and the Department of Corrections shall be
responsible for supervision of and providing services to the youth until the youth
reaches 22 years of age. Both Departments shall designate a case manager who together
shall appoint a lead Department to have final decision-making authority over the case
plan and the provision of services to the youth. The youth shall be eligible for appropriate
community-based programming and services provided by both Departments. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2021, No. 160 (Adj. Sess.), § 13, eff. June 1, 2022; 2023, No. 46, § 19, eff. June 5, 2023.)