A. This act shall be known and may be cited as the “Juvenile Justice Public Works Act”.

B. As used in the Juvenile Justice Public Works Act:

1. “Director” means the Director of the Office of Juvenile Affairs;

2. “Public works project” means a project that has been determined by the Director of the Office of Juvenile Affairs to be necessary for the public well-being and conducive to rehabilitation and the reduction of recidivism among participating juveniles or youthful offenders; and

3. “Juvenile or youthful offender” means any person who is under the custody and control of the Office of Juvenile Affairs.

C. The Office of Juvenile Affairs shall establish and maintain the Juvenile Justice Public Works Program. The purpose of the Juvenile Justice Public Works Program shall be to:

1. Provide labor for community service projects in order to develop lands pursuant to public works projects;

2. Provide improvements and beautification to public lands and buildings; and

3. Reduce recidivism for juvenile or youthful offenders by aiding such individuals in transitioning between institutions and the community.

D. No juvenile or youthful offender shall be assigned to any public works project if the offender:

1. Is deemed by the Director to be a threat to public safety; or

2. Has escaped or attempted to escape from an institution or other placement within the last year.

E. The Board of Juvenile Affairs shall promulgate rules as necessary to implement the provisions of the Juvenile Justice Public Works Act. At a minimum, the rules shall provide guidelines that establish criteria for selection and assignment to the Juvenile Justice Public Works Program and the duties to be performed by the participants in the program.

F. The Juvenile Justice Public Works Act shall not be construed to restore, in whole or in part, the civil rights of any juvenile or youthful offender. No juvenile or youthful offender participating in the Juvenile Justice Public Works Program shall be considered an employee of the state or the Office of Juvenile Affairs, nor shall any such participant be subject to the provisions of the labor laws of this state. Any eligible juvenile or youthful offender assigned to the Juvenile Justice Public Works Program shall be exempt from the provisions of the Workers’ Compensation Act.

G. 1. All state and local government agencies, nonprofit organizations, community service agencies, educational programs and other treatment programs are immune from liability for torts committed by or against any eligible juvenile or youthful offender assigned to the Juvenile Justice Public Works Program, except that the Office of Juvenile Affairs shall provide basic or necessary medical and dental care to the juvenile or youthful offenders placed in the program in such instances.

2. Without waiving the immunity of the state, the Executive Director of the Office of Juvenile Affairs may authorize the repair or replacement of the personal property of a third party if the personal property is damaged or destroyed by a juvenile or youthful offender who is in the custody of the Office of Juvenile Affairs and while participating in the Juvenile Justice Public Works Program. Any personal property repaired or replaced shall be comparable in kind, quality and cost to the original property. Reimbursement shall not duplicate insurance coverage carried by the third party.

Added by Laws 2009, c. 167, § 1, eff. Nov. 1, 2009.

NOTE: Editorially renumbered from Title 10, §7302-8.2, to provide consistency in numbering.