(1) If a youthful offender is on parole status it is the responsibility of the juvenile parole officer to submit a "request for discharge" to the community corrections administrator or designee when:

(a) the youth has attained age 18;

(b) the court order committing the youth to the department has expired;

(c) the youth is being prosecuted in criminal court as an adult; or

(d) the youth is appropriate for discharge because the youth has met all the conditions of his/her parole agreement and has responded positively to programming.

(2) If a youthful offender is residing in a state youth correctional facility it is the responsibility of the facility caseworker to submit a "request for discharge" to the facility superintendent or designee when:

(a) the youth as attained age 18;

(b) the court order committing the youth to the department has expired;

(c) the youth is being prosecuted in criminal court as an adult; or

(d) the youth has served the maximum period of confinement pursuant to 41-5-1522, MCA.

(3) The community corrections administrator or facility superintendent will review the request for discharge and forward the request to the department director for approval or disapproval.

(4) The department director may approve or deny the request for discharge.   If the director approves the request, the director will sign the request, and distribute copies of the signed request for discharge to:

(a) the administrator or designee of the community corrections division, or the superintendent of the appropriate state youth correctional facility;

(b) the youth court probation office; and

(c) the youth's juvenile parole officer.

(5) The victim notification requirements of 41-5-1416, MCA, must be fulfilled if the victim has provided the department with a current address and telephone number.

(6) If the director denies the request for discharge, the director will return it to the community corrections administrator or appropriate superintendent stating the reasons for disapproval.

(7) The director may not deny discharge of a youth that has attained the age of 18.   The department may not pay for the care, custody or supervision of any delinquent youth that has attained age 18.