Code of Massachusetts Regulations
109 CMR - DEPARTMENT OF YOUTH SERVICES
Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES
Section 8.06 - Violation of Conditional Liberty Agreement

Universal Citation: 109 MA Code of Regs 109.8

Current through Register 1531, September 27, 2024

(1) If a Department or Provider employee believes that a youth has not abided by the terms of the Conditional Liberty Agreement, the allegation(s) must be put in writing and submitted to the District Manager for review.

(2) The District Manager or designee, after review of the allegations, may make a preliminary decision to have the youth placed in a Secure Placement pending a hearing, if there is probable cause to believe that the youth has violated one or more of the terms of his or her Conditional Liberty Agreement.

(3) In deciding whether to pursue revocation, the District Manager or designee shall consider factors including, but not limited to:

(a) the youth's committing charge, level of community supervision and assessed risk;

(b) the potential disruption of community services and supports that the youth is engaged in; and

(c) the purpose of the return to a Secure Placement and whether the goals for the youth can be accomplished in a community setting without compromising public safety.

(4) Where a District Manager or designee determines there is probable cause to believe the youth has violated one or more of the terms of his or her Conditional Liberty Agreement, and the youth must be placed in a Secure Placement pending a hearing, the District Manager may seek the issuance of a warrant for the youth's apprehension.

(5) If a youth is arrested on a new offense and held on bail by either a bail commissioner or after arraignment, the Department shall recall any warrant of apprehension lodged against the youth and in its place, may lodge a detainer to prevent the youth's release if bail is posted or the youth is otherwise released.

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