thank you honors my name is david nason with the federal dissenters in montana and i represent the appellant chango are the primary issue in this case i think both the government and the defense agrees is whether confinement at the to three photographs they can't have any sort of money they're confined to the campus they their contacts with their family are limited they can't have any contact with their family for the first thirty days or  they need to have thirty days clear contact clear conduct before they can have contact with their family even even then their their family contact is limited to once per week to a period of one and a half  hours their phone calls to the outside are limited to one ten minute phone call per week when they first get there gradually goes up to a maximum of three telephone calls for per week their scripts searched if they leave the campus but of course to go to a doctor anything of that nature when they get back they're strip searched they're subject to the pat down searches when they move around the ceiling if they move outside go back and they're subject to pat down searches their mail is read the conditions under which they're confined is really no different from any other sort of minimum security type prison they can't leave the camp which is a pain in the community it's a boot camp and every significant way i can think of similar to boot camps run by the bureau of prisons which are clearly considered custody by statute i look at the statute again in the shock incarceration program is defined under section forty six as a facility with a highly regimented schedule that provides strict discipline physical training hard labor drill in ceremony characteristic of milk basic military training reading from i'm reading from eighteen u s c section forty forty six similarly that a good camp for adults persons are required to participate in job training education programs drug and alcohol counseling so while i can see  rehabilitation programs are similar to what they have in regular in regular prisons or similar to what they have in the adult who can't the celebes which as i stated clearly are clearly considered to be things looking at his record which is all trial we submit is that he didn't have any juvenile shoot occasions he had no prior convictions that would allow the court purpose so under the statute for probation you can sorry the individual has to remain in the institution has to remain it has to remain in the institution but that still has to satisfy community confinement a court can incarcerate someone a court can play someone on probation but they can't do both in the context of the same says a person has to be placed on probation now you can't allow a court to get around what that statute clearly says placing someone on probation by saying want to place this person on probation because the statute says i and that's exactly what the court did here the court the court determined that he would place him on probation because he had to but then but then because because the court felf in and our word for it it does seem however that there's different steps involved in the persons that are placed at the academy possibly you start out at a certain level you earn your way into another level by the time you  incorporates basically what could be accomplished within the same community unfortunately in montana there isn't necessarily available and this is what the buy a case i think  particular the order here does make specific reference that the juvenile still participate in a program for mental health treatment as deemed necessary by the probation officer you were whether the probation officer had made any separate determination nor shall not be incarcerated unless the juvenile fails to comply with a condition of probation that seems to indicate that even as a condition of probation a juvenile under the statute cannot be incarcerated if you present or i'm sorry d i think the only thing that stat is that is in the record is my objection where i state this is a who can sell it constitutes custody or incarceration i don't think anybody went into further detail in  in this record well of boot camp so early maybe a form of treatment whether we agree with it or not is not true either i suppose if they could they rise up through the rise up through the ranks so to speak i would point out that again this isn't in the court records but the juveniles can apply for twelve twenty or forty eight hour furloughs when they reach the transition phase but fast they're not free just go out and work or to go out in the if that's not inconsistent with a halfway house concept or other treatment facilities where it's a privilege and  people are reintroduced to the community under controlled circumstances and you do agree i think that it is a certain point in the program there is interaction or can be interaction between persons who have an assigned is solely and the outside world in the