20.9.705    PROCEDURES

(1) Each facility must have written procedures that govern length of stay. The procedures must be based on department policy and approved by the Youth Services Division administrator.

(2) The length of stay procedures must provide for the following:

(a) youth with similar delinquency histories and similar offenses will receive similar lengths of stay;

(b) a youth has incentives to demonstrate positive change so youth can shorten the assigned length of stay;

(c) the criteria the facility uses to establish a tentative length of stay are consistent, fair, and objective; and

(d) the facility may take into consideration aggravating or mitigating factors which demonstrate the necessity of a longer or shorter length of stay.

(3) When a youth is granted a release to juvenile parole, facility procedures must require a youth to sign a youth parole agreement that contains:

(a) a statement of the terms and conditions of the youth's release, including a list of the acts that, if committed by the youth, could result in the youth's return to the facility;

(b) a statement that if the department alleges any violation of the terms and conditions of the agreement, the youth is entitled to a hearing as provided for in 52-5-129, MCA, before the department may return the youth to the facility; and

(c) the youth's signature.

History: 52-5-102, MCA; IMP, 52-5-102, 52-5-126, 52-5-129, MCA; NEW, 1999 MAR p. 214, Eff. 1/29/99; AMD, 2013 MAR p. 1337, Eff. 7/26/13.