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December 1998 Administration of Justice Bulletin No. 98/03 A~er notice and a hearing, if the court finds by the greater weight of the evidence that the juvenile has violated the conditions of probation, the court may continue the original conditions of probation, modify the conditions, or order a new disposition at the next bigher level on the disposition chart. The court, how- ever. may not order a Level 3 disposition for a proba- tion violation by a juvenile who was adjudicated delinquent for a minor offense. The court may include in a new disposition an order of confinement in a secure juvenile detention facility for up to twice the term that otherwise would be authorized. As under former law. a term of probation may not exceed one year, unless the court extends it for one additional year. Upon finding that the juvenile no longer needs supervision, the court may terminate pro- bation by entering an order either (1) in chambers, without the juvenile present, based on a repen from the court counselor, or (2) with the juvenile present, after notice and a hearing. Training School Commitments Eve .fy juvenile who is committed to the Office of Juvenile Justice (OJJ') for placement in a training school must be tested for the use of controlled sub- stances or alcohol. Results of these initial tests must be incorporated into the plan of care that the OJJ is required to prepare and may be used only for evalua- tion and treatment purposes. Eveo' commitment of a juvenile to the OSJ must be for a period of at least slx months. Ordinarily, the length of the term beyond the six-month minimum is indefinite: however, a definite commitment of no more than txvo years continues to be an option if the juvenile is at least fourteen, has been adjudicated delinquent previously for two or more felony offenses, and has been committed to training school previously. Consistent with the jurisdictional provisions described earlier, ajuvenile's commitment may not exceed 1. thejuvenile's twenty-first birthday, if the juvenile is comrmtted for first-degree murder. first-degree rape, or first-degree sex'ual offense: 2. the juvenile's nineteenth birthday, if the juve- nile is committed for a Class B l, B2, C, D, or E felony other than one of the offenses listed in 1. above: or 3. thejuvenile's eighteenth birthday, if the juve- nile is committed for any other offense. Except for the six-month minimum, a juvenile ordinarily may not be kept in training school for a 21 period of time greater than the maximum term of im- prisonment for which an adult in prior record level V~ for felonies or prior conviction level III for misde- meanors could be sentenced for the same offense. The code provides a procedure, however, through which the OJ$ may extend the commitment after determining that a longer period is necessary to carry out a plan of care or u'eatment. The same procedure applies any time the OJJ' intends to keep the juvenile beyond his or her eighteenth birthday. At the time of the initial conunit- ment, the court must notify the juvenile of the maxi- mum period of time the juvenile may remain commit- ted before the OH must make a determination about whether to extend the commitment. If the OJJ wants to extend the juvenile's commit- ment in either circumstance, it must notify, the juvenile and the juvenile's parent, guardian, or custodian in writing, at least thixty days before the end of the maximum commitment period or thirty days before the juvenile's eighteenth birthday, of the proposed additional commitment period, 2. the basis for the proposed extended commit- ment, and 3. a plan for future care or txeatment. The plan must specify, goals and outcomes that require additional time, the proposed course of treat- ment or care. and efforts that will be made to help the family create an environment that will increase the likelihood that efforts to treat and rehabilitate the juve- nile will be successful upon the juvenile's release. The OJJ may place ire juvenile in a setting other than a training school, Section 57 of S.L. t998-217 (S 1279) amended the Juvenile Justice Reform Act to require the O J J, in determining whether a juvenile sboutd be re[eased before his or her eighteenth birthday, to con- sider the protection of the public and the likelihood that continued placement will lead to further rehabilitation. At the request of the juvemle or the parent. guardian, or custodian, the court must conduct a hear- ing to review the OJJ's decision to extend the com- mitment beyond the juvenile's eighteenth birthday or beyond the ma,ximnm commitment period. The court may affirm or modify the OJJ's decision. If none of those persons request a review of the OJFs decision, it becomes the juvenile's new maximum commitment period. Post-Release Supervision Requirements relalmg to planning for ajuvenile's release from training school and for pest-release supervision (formerly, "aftercare") of the juvenile are