(b) Risk level shall be determined by:

1. (1) A validated risk assessment performed by qualified Division of Youth Services or court personnel;
2. (2) The type of offense for which the youth is committed; and
3. (3) Any risk factors identified by the court.

(c) The risk categories are as follows:

1. (1) Very high risk, which includes:

   1. (A) Hardware secure facility with a perimeter fence;
   2. (B) Population segregated by age, gender, and vulnerable status;
   3. (C) Highly aggressive or predatory youth posing a serious risk of imminent harm to persons in the community; and
   4. (D) Programming prohibits any unsupervised movement outside the facility;

2. (2) High risk, which includes:

   1. (A) Staff-secure or hardware-secure facility, with or without a perimeter fence;
   2. (B) Population segregated by age and gender;
   3. (C) Aggressive youth or those with elevated flight risk and risk of harm to persons in the community; and
   4. (D) Programming prohibits unsupervised movement outside the facility without prior approval from the Director of the Division of Youth Services or his or her designee;

3. (3) Moderate risk, which includes:

   1. (A) Staff secure or nonsecure therapeutic program without a perimeter fence;
   2. (B) Average or low flight risk;
   3. (C) Any community risk is primarily to property; and
   4. (D) Programming may permit unsupervised movement outside the facility pursuant to a plan approved by the multidisciplinary team; and

4. (4) Low risk, which includes:

   1. (A) Outpatient services or nonsecure therapeutic program;
   2. (B) Low flight risk;
   3. (C) Low risk to the community; and
   4. (D) Unsupervised movement may be restricted pursuant to a safety plan or curfew, but otherwise does not require division approval.