20.9.707 RELEASE, SUPERVISION STATUS CHANGE, AND DISCHARGE OF YOUTH
(1) The department will release a youth from a youth correctional facility when:
(a) the youth has spent the maximum amount of time in a youth correctional facility pursuant to 41-5-1522, MCA;
(b) the department places the youth on juvenile parole pursuant to a parole agreement; or
(c) the youth court order remands the youth back to youth court supervision once the adjudication to the department is completed.
(2) The department will change the supervision status of a youth when:
(a) the youth is transferred to supervision by adult probation/parole as a result of a transfer pursuant to 41-5-208, MCA; or
(b) the youth is no longer under the jurisdiction of the youth court, and will be supervised under an extended jurisdiction adjudication.
(3) The department will notify the youth court, in writing, that the department is releasing a youth from a youth correctional facility and inform the youth court of the date of release.
(4) The Department of Corrections will discharge a youth from department custody and supervision if:
(a) the youth has fulfilled the obligations of juvenile parole as established and assessed by the department;
(b) the youth has reached 18 years of age and the court order does not remand back to youth court for continued supervision to age 21; or
(c) the dispositional order that committed the youth to the department has expired because the order committed the youth for age certain.
(5) In reaching the decision to discharge a youth from department custody and supervision, the department will consider the recommendations of the youth court as expressed in the dispositional order.
(6) A discharge from the department terminates the jurisdiction of the youth court. The department will notify the youth court, in writing, when it discharges a youth from department custody or supervision.
(7) At least four weeks before a youth leaves a youth correctional facility, the department will notify any victims of a felony offense that have requested notification of the youth's release or discharge from the facility. Notification will be made in writing or by whatever other means the victim has specified.
History: 52-5-102, MCA; IMP, 41-5-205, 41-5-1416, 41-5-1513, 41-5-1522, 46-24-213, 52-5-126, MCA; NEW, 2001 MAR p. 672, Eff. 4/27/01; AMD, 2013 MAR p. 1337, Eff. 7/26/13.