LD 1369
pg. 17
Page 16 of 23 An Act to Transfer Responsibility for Youth Corrections from the Department of ... Page 18 of 23
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LR 1751
Item 1

 
absent from the facility without leave as evidenced by a stated
intention to escape from the facility or by a recent attempted or
actual escape from any detention or correctional facility, the
juvenile may be placed under observation if the juvenile
demonstrates that anything less restrictive would be ineffectual
for the control of the juvenile's behavior.

 
2.__Conditions.__Placing a juvenile under observation is
subject to this subsection.

 
A.__Placement under observation must first be approved by
the director.

 
B.__The conditions under which a juvenile is placed under
observation must conform with all applicable federal and
state standards relating to the health and safety of clients
in detention facilities.

 
C.__Placement under observation may not exceed the period of
time necessary to alleviate and prevent the reoccurrence of
the behavior described in subsection 1 and it may not be
used as punishment.

 
D.__When placement under observation exceeds 12 hours, the
director shall direct the facility physician or a member of
the facility medical staff to visit the juvenile immediately
and at least once in each succeeding 24-hour period that the
juvenile remains under observation to examine the juvenile's
state of health.

 
(1)__The director shall give full consideration to
recommendations of the physician or medical staff
member concerning the juvenile's dietary needs and the
conditions of the juvenile's confinement required to
maintain the juvenile's health.__If the recommendations
of the physician or medical staff member are not
carried out, the director shall immediately convey the
reasons and circumstances for this decision to the
commissioner for review and final disposition.

 
(2)__Placement under observation must be discontinued if the
director, on the advice of the physician, determines that
placement under observation is harmful to the mental or physical
health of the juvenile, except that placement under observation
may be continued if the behavior of the juvenile presents a high
likelihood of imminent physical harm to that juvenile or others
and there is no less restrictive setting in which that juvenile's
safety or that of others can be ensured.__If placement under
observation


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