Youth Criminal Justice Act — Y-1.5 42
period that must not exceed six years from the date of committal, and (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105, and (iii) that is for a specified period that must not exceed, in the case of second degree murder, seven years from the date of committal, comprising (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed four years from the date of committal, and (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105; and (s) impose on the young person, in accordance with paragraph 38 (2)(e.1), any other conditions that the court considers appropriate. Agreement of provincial director (3) A youth justice court may make an order under paragraph (2)(l) or (m) only if the provincial director has determined that a program to enforce the order is available. Youth justice court statement (4) When the youth justice court makes a custody and supervision order with respect to a young person under paragraph (2)(n), the court shall state the following with respect to that order: You are ordered to serve ( state the number of days or months to be served ) in custody, to be followed by ( state one-half of the number of days or months stated above ) to be served under supervision in the community subject to conditions. If you breach any of the conditions while you are under supervision in the community, you may be brought back into custody and required to serve the rest of the second period in custody as well. You should also be aware that, under other provisions of the Youth Criminal Justice Act , a court could require you to serve the second period in custody as well. The periods in custody and under supervision in the community may be changed if you are or become subject to another sentence. Deferred custody and supervision order (5) The court may make a deferred custody and supervision order under paragraph (2)(p) if (a) the young person is found guilty of an offence other than one in the commission of which a young person causes or attempts to cause serious bodily harm; and (b) it is consistent with the purpose and principles set out in section 38 and the restrictions on custody set out in section 39. Application of sections 106 to 109 (6) Sections 106 to 109 (suspension of conditional supervision) apply to a breach of a deferred custody and supervision order made under paragraph (2)(p) as if the breach were a breach of an order for conditional supervision made under subsection 105(1) and, for the purposes of sections 106 to 109, supervision under a deferred custody and supervision order is deemed to be conditional supervision. Intensive rehabilitative custody and supervision order (7) A youth justice court may make an intensive rehabilitative custody and supervision order under paragraph (2)(r) in respect of a young person only if (a) either (i) the young person has been found guilty of a serious violent offence, or (ii) the young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence; (b) the young person is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance; (c) a plan of treatment and intensive supervision has been developed for the young person, and there are reasonable grounds to believe that the plan might reduce the risk of the young person repeating the offence or committing a serious violent offence; and (d) the provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person’s p