109 CMR 8.06
Violation of Conditional Liberty Agreement
(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.