AMENDMENT FOR SENATE JUDICIARY COMMITTEE ENGROSSED BILL
164ba
___________________ moved that SB 164 be amended as follows:
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.
".