TITLE LX
CORRECTION AND PUNISHMENT

CHAPTER 621
YOUTH DEVELOPMENT CENTER

Section 621:10

    621:10 Limits to Population at the Youth Development Center. –
I. No residential facility at or under the control of the youth development center shall exceed, for a period of more than 24 hours, Sundays and holidays excluded, the maximum capacity for the facility as fixed by a population oversight panel composed of the fire marshal, the commissioner of the department of health and human services, and the assistant commissioner of transportation.
II. The panel shall meet annually during the month of October to review or modify population limits for each residential facility controlled by the center. Minutes of annual meetings shall be kept for at least 7 years and shall be maintained by the commissioner. If new facilities are made available or existing facilities are modified, the panel shall convene to fix the population limit before any residential use is made of the new or modified facility. Population limits shall be supplied to the commissioner in letter form at the conclusion of each meeting.
III. Population limits fixed by the panel for each facility shall be prominently displayed in the administrative area of the center.
IV. When youth development center facilities used for detention approach maximum population capability as fixed by the panel, the district courts shall be notified by the commissioner or his agent so that the courts may determine alternatives to detention at the center. Courts shall be notified to consider other facilities when all space in the detention houses is assigned. Expenses arising from alternative detention shall be borne by the city or town in which the minor resides at the time the petition is filed or, if such place of residence cannot be determined, by the city or town in which the alleged offense occurred. Either city or town shall have a right of action for these expenses against the person chargeable by law for the minor's support and necessities. A court may make such order as to reimbursement as may be reasonable and just, based on the person's ability to pay.

Source. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1995, 181:21, eff. July 1, 1995; 310:182, eff. Nov. 1, 1995.