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KENNISTON v. DEPARTMENT OF YOUTH SERVICES

SJC-10270

453 Mass. 179 (2009)

CAMERON KENNISTON & others v. DEPARTMENT OF YOUTH SERVICES & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 10, 2009.

Attorney(s) appearing for the Case

Barbara Kaban (Robert D. Fleischner with her) for Cameron Kenniston & others.

Pamela L. Hunt, Assistant Attorney General (Randall E. Ravitz, Assistant Attorney General, with her) for Department of Youth Services.

Erica E. Cushna, for Jonathan Maldonado, was present but did not argue.

Sharon N. Chaitin-Pollak, Committee for Public Counsel Services, for Steve Stephen, was present but did not argue.

Jennifer Honig, William Landers, Frank Laski, Francine Sherman, & Marsha Levick, for The Mental Health Legal Advisors Committee & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

COWIN, J.

In this case we consider the constitutionality of G. L. c. 120, §§ 17-19, the extended commitment statute (statute) for juvenile offenders. In general, when a juvenile committed to the Department of Youth Services (department) prior to his or her eighteenth birthday reaches age eighteen, the juvenile is released. See G. L. c. 120, § 16. The statute allows the continued commitment of a youth in the department's custody for an additional three...

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