41-2822. Committed youth work program

A. The director shall establish a committed youth work program for youths in secure care facilities and on conditional liberty to ensure that:

1. All committed youths in a secure care facility receive work assignments commensurate and compatible with the condition and limitations of the youth's physical and mental health.

2. Committed youths on conditional liberty, as a condition of liberty, may receive work assignments. All work assignments shall be commensurate and compatible with the condition and limitations of the youth's physical and mental health.

3. No committed youth in a secure care facility or on conditional liberty participates in a work assignment that threatens the safety and security of the public, a secure care facility or the committed youth.

B. A committed youth may be exempted from the work requirement if the staff determines that the exemption is necessary for the health, safety or treatment of the youth. The director or the director's authorized designee shall review and approve each exemption of a committed youth from engaging in the work requirements of this section.

C. Notwithstanding title 23, chapter 2, article 3 relating to youth employment, each youth who is under commitment to the department, who is confined in a secure care facility under the department's jurisdiction and who is not regularly attending and making satisfactory progress in educational classes shall engage in work for at least forty hours a week unless exempted pursuant to subsection B of this section.

D. Each committed youth who is engaged in productive work while under the jurisdiction of the department may receive such compensation for the youth's work as the director determines. The compensation shall be in accordance with a graduated schedule based on quality and quantity of work performed and skill required for its performance.

E. The compensation of committed youths shall be paid directly by an outside entity or out of monies received pursuant to section 8-243 or monies appropriated by the legislature or by the department with monies from the department of juvenile corrections restitution fund established by section 41-2826.

F. A minimum of two-thirds of any compensation earned pursuant to this section by a committed youth in a secure care facility shall be paid to the clerk of the superior court to satisfy any juvenile court restitution order made pursuant to section 8-344. While a youth is on conditional liberty, the department shall determine the amount of wages to be credited to restitution.

G. If a committed youth in a secure care facility is not subject to a restitution order but is subject to a monetary assessment by the court pursuant to section 8-341, subsection G or H, a minimum of two-thirds of any compensation earned shall be paid to the clerk of the superior court to satisfy the monetary assessment. While a youth is on conditional liberty the department shall determine the amount of wages to be credited to a monetary assessment.

H. If a committed youth in a secure care facility is not subject to a restitution order or a monetary assessment, two-thirds of any compensation earned pursuant to this section shall be used to defer the costs of room and board for maintaining the committed youth at the secure care facility.

I. The department shall require the payment of court ordered restitution, monetary reimbursements or assessments as a term of conditional liberty.

J. With the approval of the juvenile court and the victim, community restitution hours may be substituted for monetary restitution or monetary assessments at a rate deemed reasonable by the department.

K. The department may enter into contracts with this state, any political subdivision of this state or private entities in order to provide employment or vocational educational experience.