(1) A youth offender who has been committed to a secure facility shall remain until the offender reaches the age of 21, is paroled, or is discharged.

(2) A youth offender who has been committed to a secure facility shall appear before the authority within 45 days after commitment for review of treatment plans and establishment of parole release guidelines.

(3) (a) For a youth offender committed to a secure facility, except a youth offender excluded under Subsection (5), the authority shall set a presumptive term of commitment that does not exceed three to six months. (b) The authority shall release the minor onto parole at the end of the presumptive term of commitment unless at least one the following circumstances exists: (i) termination would interrupt the completion of a necessary treatment program; or (ii) the youth commits a new misdemeanor or felony offense. (c) Completion of a program under Subsection (3)(b)(i) shall be determined by a minor's consistent attendance and completing the goals of the necessary treatment program as determined by the Youth Parole Authority after consideration of the recommendations of a licensed service provider. (d) The authority may extend the length of commitment and delay parole release for the time needed to address the specific circumstance only if one of the circumstances under Subsection (3)(b) exists. (e) The length of the extension and the grounds for the extension shall be recorded and reported annually to the Commission on Criminal and Juvenile Justice.

(a) For a youth offender committed to a secure facility, except a youth offender excluded under Subsection (5), the authority shall set a presumptive term of commitment that does not exceed three to six months.

(b) The authority shall release the minor onto parole at the end of the presumptive term of commitment unless at least one the following circumstances exists: (i) termination would interrupt the completion of a necessary treatment program; or (ii) the youth commits a new misdemeanor or felony offense.

(i) termination would interrupt the completion of a necessary treatment program; or

(ii) the youth commits a new misdemeanor or felony offense.

(c) Completion of a program under Subsection (3)(b)(i) shall be determined by a minor's consistent attendance and completing the goals of the necessary treatment program as determined by the Youth Parole Authority after consideration of the recommendations of a licensed service provider.

(d) The authority may extend the length of commitment and delay parole release for the time needed to address the specific circumstance only if one of the circumstances under Subsection (3)(b) exists.

(e) The length of the extension and the grounds for the extension shall be recorded and reported annually to the Commission on Criminal and Juvenile Justice.

(4) (a) For a youth offender committed to a secure facility, except a youth offender excluded under Subsection (5), the authority shall set a presumptive term of parole supervision that does not exceed three to four months. (b) A minor whom the authority determines is unable to return home immediately upon release may serve the term of parole in the home of a qualifying relative or guardian, or at an independent living program contracted or operated by the division. (c) The authority shall release the minor from parole and terminate jurisdiction at the end of the presumptive term of parole unless at least one the following circumstances exists: (i) termination would interrupt the completion of a necessary treatment program; (ii) the youth commits a new misdemeanor or felony offense; or (iii) service hours have not been completed. (d) Completion of a program under Subsection (4)(c) shall be determined by a minor's consistent attendance and completing the goals of the necessary treatment program as determined by the Youth Parole Authority after consideration of the recommendations of a licensed service provider. (e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay parole release only for the time needed to address the specific circumstance. (f) Grounds for extension of the presumptive length of parole and the length of the extension shall be recorded and reported annually to the Commission on Criminal and Juvenile Justice. (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole shall toll until the minor returns.

(a) For a youth offender committed to a secure facility, except a youth offender excluded under Subsection (5), the authority shall set a presumptive term of parole supervision that does not exceed three to four months.

(b) A minor whom the authority determines is unable to return home immediately upon release may serve the term of parole in the home of a qualifying relative or guardian, or at an independent living program contracted or operated by the division.

(c) The authority shall release the minor from parole and terminate jurisdiction at the end of the presumptive term of parole unless at least one the following circumstances exists: (i) termination would interrupt the completion of a necessary treatment program; (ii) the youth commits a new misdemeanor or felony offense; or (iii) service hours have not been completed.

(i) termination would interrupt the completion of a necessary treatment program;

(ii) the youth commits a new misdemeanor or felony offense; or

(iii) service hours have not been completed.

(d) Completion of a program under Subsection (4)(c) shall be determined by a minor's consistent attendance and completing the goals of the necessary treatment program as determined by the Youth Parole Authority after consideration of the recommendations of a licensed service provider.

(e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay parole release only for the time needed to address the specific circumstance.

(f) Grounds for extension of the presumptive length of parole and the length of the extension shall be recorded and reported annually to the Commission on Criminal and Juvenile Justice.

(g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole shall toll until the minor returns.

(5) Subsections (3) and (4) do not apply to a youth offender committed to a secure facility for: (a) Section 76-5-202, attempted aggravated murder; (b) Section 76-5-203, murder or attempted murder; (c) Section 76-5-405, aggravated sexual assault; (d) a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-302, aggravated kidnapping; or (iii) Section 76-6-103, aggravated arson; (e) Section 76-6-203, aggravated burglary; (f) Section 76-6-302, aggravated robbery; (g) Section 76-10-508.1, felony discharge of a firearm; or (h) an offense other than those listed in Subsections (5)(a) through (g) involving the use of a dangerous weapon that would be a felony if committed by an adult, and the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that also would have been a felony if committed by an adult.

(a) Section 76-5-202, attempted aggravated murder;

(b) Section 76-5-203, murder or attempted murder;

(c) Section 76-5-405, aggravated sexual assault;

(d) a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-302, aggravated kidnapping; or (iii) Section 76-6-103, aggravated arson;

(i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;

(ii) Section 76-5-302, aggravated kidnapping; or

(iii) Section 76-6-103, aggravated arson;

(e) Section 76-6-203, aggravated burglary;

(f) Section 76-6-302, aggravated robbery;

(g) Section 76-10-508.1, felony discharge of a firearm; or

(h) an offense other than those listed in Subsections (5)(a) through (g) involving the use of a dangerous weapon that would be a felony if committed by an adult, and the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that also would have been a felony if committed by an adult.

(6) (a) The division may continue to have responsibility for any minor discharged under this section from parole until 21 years of age for the purposes of specific educational or rehabilitative programs, under conditions agreed upon by both the division and the minor and terminable by either. (b) The division shall offer the educational or rehabilitative program before the minor's discharge date as provided in this section. (c) Notwithstanding Subsection (6)(b), a minor may request and the division shall consider any such request for the services described in this section, for up to 90 days after the minor's effective date of discharge, even when the minor has previously declined services or services were terminated for noncompliance, and may reach an agreement with the minor, terminable by either, to provide the services described in this section until the minor attains the age of 21.

(a) The division may continue to have responsibility for any minor discharged under this section from parole until 21 years of age for the purposes of specific educational or rehabilitative programs, under conditions agreed upon by both the division and the minor and terminable by either.

(b) The division shall offer the educational or rehabilitative program before the minor's discharge date as provided in this section.

(c) Notwithstanding Subsection (6)(b), a minor may request and the division shall consider any such request for the services described in this section, for up to 90 days after the minor's effective date of discharge, even when the minor has previously declined services or services were terminated for noncompliance, and may reach an agreement with the minor, terminable by either, to provide the services described in this section until the minor attains the age of 21.