41-2820. Discharge

A. Each youth shall be discharged from the jurisdiction of the department on attaining eighteen years of age, except that if the juvenile court retained jurisdiction over the youth pursuant to section 8-202, subsection H, the youth shall be discharged from the jurisdiction of the department on or before attaining nineteen years of age.

B. If the department determines that the youth's treatment, rehabilitation and education pursuant to the individual treatment plan have been successfully completed and that there is a reasonable probability that the youth will observe the law and will not be a threat to the public's safety if at liberty, the youth may be granted a discharge. On the discharge of a youth pursuant to this subsection, the department shall promptly notify the committing court, the county attorney in the county in which the youth was committed and the victim or the victim's representative of the discharge.

C. Except as provided in subsection D of this section, a youth shall be discharged from the jurisdiction of the department of juvenile corrections if the youth is convicted of a felony offense.

D. A youth who is convicted of a felony offense and who committed the offense while residing in a secure care facility operated by the department of juvenile corrections either:

1. Shall be discharged from the department of juvenile corrections if the youth is sentenced to the state department of corrections.

2. May be discharged from the department of juvenile corrections if the youth is placed on adult probation and all the following apply:

(a) The youth has completed the minimum length of stay in secure care, if any, that was assigned by the committing juvenile court pursuant to section 8-341.

(b) The youth would have been eligible to be placed on conditional liberty pursuant to section 41-2818.

(c) The youth is subject to the jurisdiction of an adult probation department.

E. A youth may be discharged from the jurisdiction of the department if the youth is placed by civil commitment under the jurisdiction of another agency.

F. A youth shall be conditionally discharged from the jurisdiction of the department if all of the following requirements are satisfied:

1. The youth has completed the minimum length of stay in a secure care facility, if any, that was assigned by the committing juvenile court pursuant to section 8-341.

2. The United States immigration and customs enforcement enforces a detainer by taking custody of the youth for immigration proceedings.

3. The youth signs a condition that the youth's discharge will be vacated if the youth returns to the United States without legal authorization.

G. If the department receives actual notice that a youth who received a discharge pursuant to this section has returned to the United States without legal authorization prior to the youth's attaining eighteen years of age, the department shall:

1. Vacate the discharge.

2. Place the youth on conditional liberty status.

3. Issue a warrant for the apprehension of the youth.

4. Notify the United States immigration and customs enforcement.

5. Take the youth into custody.

H. Notwithstanding subsection A of this section, a youth who is at least eighteen years of age shall be discharged from the jurisdiction of the department if the jurisdiction over the youth has been retained pursuant to section 8-202, subsection H and the youth is charged with a criminal offense.