I. Children, subject to proceedings in juvenile court, may be admitted to the youth services center for temporary detention while awaiting disposition of the court pursuant to RSA 169-B:14, for educational services pursuant to RSA 186-C, RSA 169-B, RSA 169-C, or RSA 169-D, only upon prior approval of the commissioner.
   II. Prior to a child’s detention at the youth services center, the department or an arresting law enforcement agency shall complete a detention risk assessment instrument to determine whether there is:
      (a) Probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition; or
      (b) A need to hold the child in order to assure the child’s appearance before the court, as demonstrated by the child’s previous failure to respond to the court.
   III. The department shall review and submit a monthly report to the general court on those cases, also known as “overrides,” in which children are confined at the Sununu Youth Services Center contrary to the results of the detention risk assessment instrument. Beginning with the fourth such report, the department shall include recommendations for the appropriate rate of overrides.