Rule 5.808.Discharge from secure youth treatment facility (§ 875(e)(3) & (4))

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 4. Disposition · Adopted 2023 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.808 requires the court to discharge a youth to community probation at the end of the baseline term unless it finds a substantial risk of imminent harm to others.

Full Text of Rule 5.808

Text sizeJump to: (a) (b) (c)

(a) Application

This rule sets forth the statutory provisions that apply to any youth committed to a secure youth treatment facility, or who has been transferred from a secure youth treatment facility to a less restrictive program under section 875(f) and rule 5.807(d), and who has reached the end of their baseline term, including any modifications to that term made during progress review hearings.

(b) Conduct of the hearing

At the discharge hearing the court must review the progress of the youth toward meeting the goals of the individual rehabilitation plan and the recommendations of counsel, the probation department, and any other agencies or individuals having information the court deems necessary.

(1) The court must order that the youth be discharged to a period of probation supervision in the community, unless the court finds that the youth poses a substantial risk of imminent harm to others in the community if released from custody. If a discharge is ordered, the court:

(A) Must determine and order the reasonable conditions of probation that are suitable to meet the developmental needs and circumstances of the youth and that will facilitate the youth’s successful reentry into the community.

(B) Must periodically review the youth’s progress under probation supervision and make any additional orders deemed necessary to modify the program of supervision in order to facilitate the provision of services or to otherwise support the youth’s successful reentry into the community.

(C) May, if the court finds that the youth has failed materially to comply with the reasonable orders of probation imposed by the court, order that the youth be returned to a juvenile facility or to a less restrictive program for a period not to exceed either the remainder of the baseline term, including any court-ordered modifications, or six months, whichever is longer, subject to the maximum confinement limits of section 875(c).

(2) If the court finds that the youth poses a substantial risk of imminent harm to others in the community if released from custody, the court must recite the basis for that finding on the record and may order that the youth be retained in custody in a secure youth treatment facility for up to one additional year of confinement, subject to the maximum confinement provisions of section 875(c). If the court orders that the youth is to be confined, it must set a progress review hearing under section 875(d) and rule 5.807, or if the period of confinement is six months or less, a discharge hearing under section 875(e) and this rule for a date not to exceed six months from the date of the initial discharge hearing.

End

Plain-English Summary

This is the hearing at the end of the term, and it applies to any youth committed to a secure youth treatment facility — or transferred out of one to a less restrictive program — who has reached the end of the baseline term as modified along the way.

The court reviews the youth’s progress toward the goals of the individual rehabilitation plan and the recommendations of counsel, probation, and any other agency or individual whose information the court considers necessary.

The default is release. The court must order the youth discharged to a period of probation supervision in the community unless it finds that the youth poses a substantial risk of imminent harm to others if released.

On discharge the court must determine reasonable probation conditions suited to the youth’s developmental needs and circumstances and calculated to help them reenter the community, and must periodically review their progress and make whatever further orders are needed to modify supervision, provide services, or otherwise support that reentry. Where the youth materially fails to comply with reasonable probation orders, the court may return them to a juvenile facility or a less restrictive program for a period not exceeding the remainder of the baseline term or six months, whichever is longer, within the statutory maximum.

Where the court does find a substantial risk of imminent harm, it must recite the basis for that finding on the record. It may then order up to one additional year of confinement, within the statutory maximum — and must set either another progress review or, where six months or less remain, a discharge hearing no more than six months from the initial discharge hearing.

Frequently Asked Questions

What is the default at a discharge hearing?

Discharge. The court must order the youth discharged to a period of probation supervision in the community unless it finds that the youth poses a substantial risk of imminent harm to others in the community if released from custody.

What if the court finds a risk of harm?

It must recite the basis for that finding on the record and may order the youth retained in a secure youth treatment facility for up to one additional year, subject to the maximum confinement provisions — then set a further progress review or, where six months or less remain, another discharge hearing within six months.

What happens on discharge?

The court determines reasonable probation conditions suited to the youth’s developmental needs and circumstances that will facilitate successful reentry, and must periodically review progress and make further orders to modify supervision or provide services as needed.

Can a discharged youth be returned to custody?

Yes, where the court finds a material failure to comply with reasonable probation orders — to a juvenile facility or a less restrictive program, for a period not exceeding the remainder of the baseline term or six months, whichever is longer, and within the section 875(c) maximum.

Amendment History

Rule 5.808 adopted effective July 1, 2023.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: discharge from secure youth treatment facilitysubstantial risk of imminent harm finding juvenilesection 875(e)(3) discharge hearingjuvenile reentry probation supervision