(a) Application
This rule sets forth the statutory provisions that apply to any youth committed to a secure youth treatment facility, or who has been transferred from a secure youth treatment facility to a less restrictive program under section 875(f) and rule 5.807(d), and who has reached the end of their baseline term, including any modifications to that term made during progress review hearings.
(b) Conduct of the hearing
At the discharge hearing the court must review the progress of the youth toward meeting the goals of the individual rehabilitation plan and the recommendations of counsel, the probation department, and any other agencies or individuals having information the court deems necessary.
(c) Findings and orders
(1) The court must order that the youth be discharged to a period of probation supervision in the community, unless the court finds that the youth poses a substantial risk of imminent harm to others in the community if released from custody. If a discharge is ordered, the court:
(A) Must determine and order the reasonable conditions of probation that are suitable to meet the developmental needs and circumstances of the youth and that will facilitate the youth's successful reentry into the community.
(B) Must periodically review the youth's progress under probation supervision and make any additional orders deemed necessary to modify the program of supervision in order to facilitate the provision of services or to otherwise support the youth's successful reentry into the community.
(C) May, if the court finds that the youth has failed materially to comply with the reasonable orders of probation imposed by the court, order that the youth be returned to a juvenile facility or to a less restrictive program for a period not to exceed either the remainder of the baseline term, including any court-ordered modifications, or six months, whichever is longer, subject to the maximum confinement limits of section 875(c).
(2) If the court finds that the youth poses a substantial risk of imminent harm to others in the community if released from custody, the court must recite the basis for that finding on the record and may order that the youth be retained in custody in a secure youth treatment facility for up to one additional year of confinement, subject to the maximum confinement provisions of section 875(c). If the court orders that the youth is to be confined, it must set a progress review hearing under section 875(d) and rule 5.807, or if the period of confinement is six months or less, a discharge hearing under section 875(e) and this rule for a date not to exceed six months from the date of the initial discharge hearing.
Rule 5.808 adopted effective July 1, 2023.