Rule 5.807 - Secure youth treatment facility progress review process(a) ApplicationThis rule sets forth the statutory requirements for the court's review of a youth's progress under section 875(e) and (f) and rule 5.806(c) for youth committed to secure youth treatment facilities to evaluate the youth's progress in relation to the rehabilitation plan approved under section 875(d) and rule 5.804(d).
(b) Setting a progress review hearing (§ 875(e))The court must, during the term of commitment, set and hold a progress review hearing for the youth not less frequently than once every six months.
(c) Findings and orders (§ 875(e))At the progress review hearing, after having considered the recommendations of the probation department and any recommendations of counsel and any behavioral, educational, or other specialists having information relevant to the youth's progress, the court must:
(1) Make a finding on the record supporting an order as to whether the youth is to remain committed to the secure youth treatment facility for the remainder of the baseline term or if the baseline term is to be reduced after considering:(A) the progress of the youth in relation to the rehabilitation plan in light of the programming made available to the youth, and(B) the recommendations of probation concerning the youth's positive behavior in the secure youth treatment facility program as required by rule 5.806(c); and(2) Set a progress review hearing or, if the baseline term remaining is six months or less, a discharge hearing, no more than six months from the date of the current hearing.(d) Transfer to a less restrictive program (§ 875(f))(1) Upon a motion by the probation department or the youth that the youth be transferred from the secure youth treatment facility to a less restrictive program, the court must consider such a transfer at the youth's next progress review hearing or may set a separate hearing to consider the motion. The moving party must serve the motion on the prosecution, the youth if the youth is not the moving party, and the probation department if the probation department is not the moving party.(2) In making its determination, the court must consider:(A) The youth's overall progress in relation to the rehabilitation plan in light of the programming made available to the youth during the period of confinement in a secure youth treatment facility; and(B) The programming and community transition services to be provided, or coordinated by the less restrictive program, including any educational, vocational, counseling, housing, or other services made available through the program.(3) If the court orders the youth transferred to a less restrictive program: (A) The court must set the length of time the youth is to remain in a less restrictive program, not to exceed the remainder of the baseline or modified baseline term, prior to a discharge hearing; and(B) The court may require the youth to observe any conditions of performance or compliance with the program that are reasonable and appropriate in the individual case and that are within the capacity of the youth to perform.(4) If, after transfer to a less restrictive program, the court determines that the youth has materially failed to comply with the court-ordered conditions of the program, the court may: (A) Modify the terms and conditions of placement in the program; or(B) Order the youth to be returned to a secure youth treatment facility for the remainder of the baseline term, or modified baseline term, subject to further progress review hearings as required in this rule.(5) If the court orders a youth returned to a secure youth treatment facility from a less restrictive program the court must adjust the youth's baseline or modified baseline term to include credit for the time served by the youth in the less restrictive program.Rule 5.807 adopted effective 7/1/2023.