52-5-101. Establishment of correctional facilities -- prohibitions -- definition. (1) The department of corrections, within the annual or biennial budgetary appropriation, may establish, maintain, and operate correctional facilities to provide custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth in need of these services who are at least 10 years of age and less than 18 years of age.

(2) A youth alleged or found to be a youth in need of intervention may not be placed in a correctional facility.

(3) When a correctional facility previously used as a secure residential facility for youth is repurposed by the department to provide for the custody, treatment, training, and rehabilitation of other correctional populations, serving the needs of youth populations must have priority if youth population increases sufficiently to justify the department reverting to the previous use of the facility.