Criteria for Discharge
Effective Aug 29, 2016Mass. Register #1320MGL c. 6, § 178 MGL c. 119, §§ 58 and 72 MGL c. 120, §§ 4, 16, 21 MGL c. 258B, § 3(t)Department of Youth Services
(1) A youth meeting any of the following criteria shall be discharged from commitment to the Department:
- (a) Death of the juvenile;
- (b) Revocation of such commitment by a court of competent jurisdiction;
- (c) Expiration of commitment by reason of the youth's reaching 18, 19, or 20 years of age as dictated by M.G.L. c 119, §§ 58 and 72, or 21 years of age in the case of commitment as a youthful offender pursuant to M.G.L. c. 119, § 58.
- (d) Enlistment of the youth in the Armed Forces.
(2) A Regional Director may recommend a youth for consideration for discharge if the youth meets any of the following criteria:
- (a) The youth is eligible for consideration for a good adjustment discharge because a minimum of one year has passed since the date of the youth's last commitment and the youth has not been arrested within a year of the youth's placement in the community or returned to custody for any violation of the youth's conditional liberty within the six months preceding the request;
- (b) The youth becomes legally married;
- (c) The youth is committed to another state agency or sentenced to adult probation;
- (d) There are exceptional circumstances in the case presenting compelling reasons for discharge. Such circumstances must be fully documented.