Massachusetts General Laws

Mass. Gen. Laws ch. 120, § 17 (2026)

Control beyond age limit; persons physically dangerous to public

✓ current as of July 2026

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Section 17. Whenever the department is of the opinion that discharge of a person from its control at the age limit stated in section sixteen would be physically dangerous to the public, the department shall make an order directing that the person remain subject to its control beyond the period and shall make application to the committing court for a review of that order by the court. The order and application may be made at any time prior to the date of discharge stated in said section sixteen. The application shall be accompanied by a written statement of the facts upon which the department bases its opinion that discharge from its control at the time stated would be physically dangerous to the public, but no such application shall be dismissed nor shall the order be discharged, merely because of its form or an asserted insufficiency of its allegations; every order shall be reviewed upon its merits.

Notes of Decisions

Cited in 13 cases, 1980–2012 · 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 6× “” 3 G. L. c. 120, §§ 17, 19. Pursuant to the statute, once the department issues an extended commitment order, it must request affirmation of that order from the Juvenile Court Department and must accompany its application with a “written statement of the facts upon which the…”

Kenney, 850 N.E.2d 590 (Mass. App. Ct. 2006). · cites it 6× “From December, 1992, through December, 1996, DYS filed three orders of application to review the order of commitment under G. L. c. 120, § 17. 1 The orders were granted, and as a result, the petitioner’s commitment was extended until March 12, 1999, his twenty-fourth birthday.”

Commonwealth v. Walczak, 979 N.E.2d 732 (Mass. 2012). · cites it 2× “” G. L. c. 120, § 17. To obtain a youthful offender indictment, the Commonwealth must present sufficient evidence before the grand jury that “(1) the alleged offense was committed while the individual was between the ages of fourteen and seventeen years; (2) if he were an adult,…”

Dep't of Youth Servs. v. a Juv., 429 N.E.2d 709 (Mass. 1981). · cites it 2× “As required by G. L. c. 120, § 17, the department applied for review by the original committing court, which confirmed the department’s order.”

Dep't of Youth Servs. v. a Juv., 499 N.E.2d 812 (Mass. 1986). “” See G. L. c. 120, § 17. The department’s evidence also should indicate the facts on which the department bases its conclusion that it would be physically dangerous to the public to release 'the juvenile.”

Commonwealth v. Rosenberg, 573 N.E.2d 949 (Mass. 1991). · cites it 2× “” G. L. c. 120, § 17. In Department of Youth Servs.”

Doe v. Attorney Gen., 425 Mass. 210 (Mass. 1997). “The Department of Youth Services has sought to extend the plaintiff’s commitment pursuant to G. L. c. 120, § 17, as amended through St.”

A Juv. v. Commonwealth (No. 1), 405 N.E.2d 143 (Mass. 1980). “” G. L. c. 120, § 17. 13 Whether or not technically a “remand,” the order was in essence a request for further enlightenment to enable the judge to rule justly on the § 47A motion.”

Commonwealth v. Kelley, 581 N.E.2d 472 (Mass. 1991). “See G. L. c. 120, §§ 17, 18 (1988 ed.). The amendment deleted the italicized language.”

Commonwealth v. a Juv., 545 N.E.2d 1164 (Mass. 1989). “” 5 We noted the exception provided in G. L. c. 120, § 17, concerning continuing custody if discharge of the former juvenile would be “physically dangerous to the public.”

Johnson v. Commonwealth, 569 N.E.2d 790 (Mass. 1991). “We granted the appeal but denied the stay of execution of the sentence. During the pendency of this appeal, DYS applied for a review of the order extending commitment of the defendant beyond the age of eighteen, pursuant to G.”

Commonwealth v. Traylor, 563 N.E.2d 243 (Mass. App. Ct. 1990). “The Department of Youth Services (DYS) may, under G. L. c. 120, § 17, as appearing in St. 1948, c.”

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