164ba

    On page 4, after line 3 of the Senate Judiciary Committee engrossed bill, insert:

"
    Section 3. That subdivision (10) of § 26-8C-7 be amended to read:

            (10)    The court may only commit a child to the Department of Corrections if the judge finds that:

            (a)    No viable alternative exists;

            (b)    The Department of Corrections is the least restrictive alternative; and

            (c)    The child is currently adjudicated delinquent for an offense eligible for transfer proceedings pursuant to § 26-11-3.1; the child is currently adjudicated delinquent for a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to § 22-32-3; or the court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to themselves or to another person.

".