• the youth has been found guilty of murder, attempted murder, manslaughter, aggravated sexual assault or has a pattern of repeated serious violent offences;
• the young person is suffering from a mental or psychological disorder or an emotional disturbance
• there is a treatment and intensive supervision plan for the youth and this plan might work in preventing the youth from committing this type of crime again, and;
• the young person is suitable for the program of treatment and there is a place available where the youth can get the treatment.

After a youth receives this sentence, he or she has the right to withdraw consent for the physical or mental health treatment or care. In that situation, the sentence would be changed to a regular custody and supervision order of the same length.

The maximum length of an intensive rehabilitative custody and supervision order depends on the offence committed by the youth. Please see page 35 for a chart that shows sentence lengths for the different types of custody and supervision orders.

Sentence Lengths

A young person can receive any combination of the above sentences, as long as the combined length is not greater than the following maximums:

• if one offence is involved, the combined length cannot be longer than 2 years (section 42(14)). (There are some exceptions to this that are listed in the Custody and Supervision Order Sentence Lengths chart on page 35).
• if multiple offences (none of which is murder) are involved, the combined length cannot be greater than 3 years (section 42(15));
• if multiple offences (one of which is murder) are involved, the combined length cannot be longer than 10 years in the case of first degree murder, or 7 years in the case of second degree murder (section 42(15));
• if more offences are committed while the youth is already serving a sentence, the combined length may be longer than 3 years (section 42(16)(a));
• if more offences are committed while the young person is already serving a sentence for murder, the combined length can be greater than 10 years in the case of first degree murder or greater than 7 years in the case of second degree murder (section 42(16)(c)).

Conditions on Probation Orders and Intensive Support and Supervision Orders

When a young person receives a probation order or an intensive support and supervision order, the youth will be sent to meet with a probation officer. This probation officer will read the probation order to the youth and ask the youth to sign the order. When the youth signs the probation order, the young person signifies that he or she understands the order. A copy of the probation order will be sent to the young person’s parents or guardians (section 56).