Massachusetts General Laws

Mass. Gen. Laws ch. 120, § 16 (2026)

Discharge of persons committed as delinquent child or youthful offender

✓ current as of July 2026

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Section 16. Every person committed to the department until the age of 18 as a delinquent child, if not already discharged, shall be discharged upon reaching the person's eighteenth birthday. Every person committed to the department until the age of 19 as a delinquent child, if not already discharged, shall be discharged upon reaching the person's nineteenth birthday. Every person committed to the department until the age of 20 as a delinquent child, if not already discharged, shall be discharged upon reaching the person's twentieth birthday. Every person committed to the department until the age of 21 as a youthful offender, if not already discharged, shall be discharged upon reaching the person's twenty-first birthday. The department may continue to provide, for any person covered in this chapter under 22 years of age, specific educational, rehabilitative or transitional services and supports, under conditions agreed upon by both the department and such persons and terminable by either. Such services must be offered prior to the person's discharge date as provided herein; however, a person may request and the department shall consider any such request for the services described after the person's effective date of discharge, even where the person has previously declined services or services were terminated for non-compliance, and may reach an agreement with the person, terminable by either, to provide the services described herein until such person attains the age of 22.

Notes of Decisions

Cited in 8 cases, 1926–2009 · leading case: Kenniston v. Dep't of Youth Servs., 453 Mass. 179 (Mass. 2009).

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Kenniston v. Dep't of Youth Servs., 453 Mass. 179 (Mass. 2009). · cites it 2× “See G. L. c. 120, § 16. The statute allows the continued commitment of a youth in the department’s custody for an additional three years after the youth’s eighteenth birthday if the department determines that the youth “would be physically dangerous to the public.”

Dep't of Youth Servs. v. a Juv., 499 N.E.2d 812 (Mass. 1986). “He was committed to the department, and shortly thereafter the department requested permission from the District Court to extend the juvenile’s commitment beyond his eighteenth birthday.”

Sheehan, 150 N.E. 231 (Mass. 1926). · cites it 3× “This transfer was made by the Trustees of the Massachusetts Training Schools, the board having charge of the Shirley school, pursuant to the alleged authority conferred by G. L. c. 120, § 16, which is in these words: ‘ ‘ The trustees may transfer any per *344 son committed' or…”

A Juv. v. Commonwealth, 347 N.E.2d 677 (Mass. 1976). “120), and will be discharged at the age of eighteen unless there is a finding that his discharge would be physically dangerous to the public (G. L. c. 120, §§16 and 17). See D’Urbano v.”

Dep't of Youth Servs. v. a Juv., 429 N.E.2d 709 (Mass. 1981). “G. L. c. 120, § 16. However, if the department believes that discharge would create a public danger, it may issue an order extending the juvenile’s commitment.”

Commonwealth v. Greenberg, 609 N.E.2d 90 (Mass. App. Ct. 1993). “120, §§ 16 & 17, should it have been found beyond a reasonable doubt that, due to a mental or physical disorder, the defendant presented a danger to the public.”

Commonwealth v. Traylor, 563 N.E.2d 243 (Mass. App. Ct. 1990). “See also G. L. c. 120, § 16. The Department of Youth Services (DYS) may, under G.”

United States v. Gautier, 590 F. Supp. 2d 214 (D. Mass. 2008). “Here, Gautier’s discharge from DYS was accomplished by statute, Mass. Gen. Laws. ch. 120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id.”

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