reglab/housing_qa huggingface dataset:
MT Code § 41-5-308 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-308. Repealed

  41-5-308. Repealed. Secs. 14, 16, Ch. 547, L. 1991.   History: En. Sec. 2, Ch. 475, L. 1987; amd. Sec. 6, Ch. 434, L. 1989; amd. Sec. 22, Ch. 799, L. 1991.
MT Code § 41-5-309 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-309. Renumbered 41-5-323

  41-5-309. Renumbered 41-5-323. Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-310 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-310. Repealed

  41-5-310. Repealed. Sec. 46, Ch. 286, L. 1997; Sec. 74, Ch. 550, L. 1997.   History: En. Sec. 1, Ch. 548, L. 1991.
MT Code § 41-5-311 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-311. Renumbered 41-5-349

  41-5-311. Renumbered 41-5-349. Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-312 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-312. Repealed

  41-5-312. Repealed. Sec. 46, Ch. 286, L. 1997.   History: En. Sec. 4, Ch. 547, L. 1991.
MT Code § 41-5-313 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-313. Renumbered 41-5-350

  41-5-313. Renumbered 41-5-350. Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-314 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-314. Renumbered 41-5-321

  41-5-314. Renumbered 41-5-321. Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-315 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-315. Repealed

  41-5-315. Repealed. Sec. 27, Ch. 799, L. 1991.   History: En. Sec. 12, Ch. 434, L. 1989.
MT Code § 41-5-316 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-316. Repealed

  41-5-316. Repealed. Sec. 27, Ch. 799, L. 1991.   History: En. Sec. 13, Ch. 434, L. 1989.
MT Code § 41-5-317 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-317. through 41-5-320 reserved

  41-5-317 through 41-5-320 reserved.
MT Code § 41-5-321 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-321. Taking into custody

  41-5-321. Taking into custody. (1) A youth may be taken into custody under the following circumstances:   (a) by a law enforcement officer pursuant to a lawful order or process of any court;   (b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;   (c) by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.   (2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.   History: En. 10-1211 by Sec. 11, Ch. 329, L. 1974; R.C.M. 1947, 10-1211; MCA 1981, 41-5-302; redes. 41-3-1111 by Sec. 31(4), Ch. 465, L. 1983; Sec. 41-3-1111, MCA 1989; redes. 41-5-314 by Sec. 15, Ch. 547, L. 1991; Sec. 41-5-314, MCA 1995; redes. 41-5-321 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 326, L. 1999; amd. Sec. 5, Ch. 114, L. 2001.
MT Code § 41-5-322 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-322. Release from custody -- detention -- shelter care

  41-5-322. Release from custody -- detention -- shelter care. (1) Whenever a peace officer believes, on reasonable grounds, that a youth can be released to a responsible person, the peace officer may release the youth to that person upon receiving a written promise from the person to bring the youth before the juvenile probation officer at a time and place specified in the written promise, or a peace officer may release the youth under any other reasonable circumstances.   (2) Whenever the peace officer believes, on reasonable grounds, that the youth must be detained, the peace officer shall notify the juvenile probation officer immediately and shall, as soon as practicable, provide the juvenile probation officer with a written report of the peace officer's reasons for holding the youth in detention. If it is necessary to hold the youth pending appearance before the youth court, then the youth must be held in a place of detention, as provided in 41-5-348, that is approved by the youth court.   (3) If the peace officer believes that the youth must be sheltered, the peace officer shall notify the juvenile probation officer immediately and shall provide a written report of the peace officer's reasons for placing the youth in shelter care. If the youth is then held, the youth must be placed in a shelter care facility approved by the youth court.   History: En. 10-1213 by Sec. 13, Ch. 329, L. 1974; amd. Sec. 1, Ch. 348, L. 1975; amd. Sec. 5, Ch. 571, L. 1977; R.C.M. 1947, 10-1213; amd. Sec. 7, Ch. 547, L. 1991; amd. Sec. 22, Ch. 286, L. 1997; Sec. 41-5-307, MCA 1995; redes. 41-5-322 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 62, Ch. 2, L. 2009.
MT Code § 41-5-323 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-323. Bail

  41-5-323. Bail. A youth placed in detention or shelter care may be released on bail. The court shall use the provisions of Title 46, chapter 9, as guidance. In determining the amount of bail, the court shall consider the financial ability of the youth and the parents or legal custodian of the youth.   History: En. Sec. 3, Ch. 475, L. 1987; amd. Sec. 8, Ch. 547, L. 1991; Sec. 41-5-309, MCA 1995; redes. 41-5-323 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-324 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-324. through 41-5-330 reserved

  41-5-324 through 41-5-330 reserved.
MT Code § 41-5-331 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-331. Rights of youth taken into custody -- questioning -- waiver of rights

  41-5-331. Rights of youth taken into custody -- questioning -- waiver of rights. (1) When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met:   (a) The youth must be advised of the youth's right against self-incrimination and the youth's right to counsel.   (b) The investigating officer, juvenile probation officer, or person assigned to give notice shall immediately notify the parents, guardian, or legal custodian of the youth that the youth has been taken into custody, the reasons for taking the youth into custody, and where the youth is being held. If the parents, guardian, or legal custodian cannot be found through diligent efforts, a close relative or friend chosen by the youth must be notified.   (2) A youth may waive the rights listed in subsection (1) under the following situations:   (a) when the youth is 16 years of age or older, the youth may make an effective waiver subject to the provisions of 41-5-333(2);   (b) when the youth is under 16 years of age and the youth and the youth's parent or guardian agree, they may make an effective waiver subject to the provisions of 41-5-333(2); or   (c) when the youth is under 16 years of age and the youth and the youth's parent or guardian do not agree, the youth may make an effective waiver only with advice of counsel.   History: En. 10-1218 by Sec. 18, Ch. 329, L. 1974; amd. Sec. 6, Ch. 100, L. 1977; amd. Sec. 9, Ch. 571, L. 1977; R.C.M. 1947, 10-1218(1)(a), (1)(b); amd. Sec. 1, Ch. 385, L. 1979; amd. Sec. 7, Ch. 475, L. 1987; amd. Sec. 5, Ch. 515, L. 1987; (2) thru (6) En. Sec. 1, Ch. 475, L. 1987; amd. Sec. 2, Ch. 271, L. 1989; amd. Sec. 3, Ch. 547, L. 1991; amd. Sec. 11, Ch. 286, L. 1997; amd. Sec. 76, Ch. 550, L. 1997; Sec. 41-5-303, MCA 1995; redes. 41-5-331 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 63, Ch. 2, L. 2009; amd. Sec. 1, Ch. 37, L. 2009.
MT Code § 41-5-332 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-332. Custody -- hearing for probable cause

  41-5-332. Custody -- hearing for probable cause. (1) When a youth is taken into custody, a hearing to determine whether there is probable cause to believe the youth is a delinquent youth or a youth in need of intervention must be held within 24 hours, excluding weekends and legal holidays. A hearing is not required if the youth is released prior to the time of the required hearing.   (2) When a youth is taken into custody for a violation of placement under a home arrest program, a hearing to determine whether a violation occurred must be held within 24 hours, excluding weekends and holidays.   (3) The probable cause hearing required under subsection (1) may be held in person or by videoconference by the youth court, a justice of the peace, a municipal or city judge, or a magistrate having jurisdiction in the case as provided in 41-5-203. If the probable cause hearing is held by a justice of the peace, a municipal or city judge, or a magistrate, a record of the hearing must be made by a court reporter or by a tape recording of the hearing or by an audio-video tape if the hearing is held by videoconference.   (4) A probable cause hearing may be conducted by telephone if other means of conducting the hearing are impractical. All written orders and findings of the court in a hearing conducted by telephone must bear the name of the judge or magistrate presiding in the case and the hour and date the order or findings were issued.   (5) A hearing is required for a youth placed in detention for an alleged violation of the terms and conditions of the youth's conditional release agreement.   History: En. Sec. 12, Ch. 286, L. 1997; amd. Sec. 76, Ch. 550, L. 1997; amd. Sec. 3, Ch. 326, L. 1999; amd. Sec. 4, Ch. 532, L. 1999; amd. Sec. 1, Ch. 159, L. 2001; amd. Sec. 12, Ch. 344, L. 2019.
MT Code § 41-5-333 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-333. Custody -- hearing for probable cause -- procedure

  41-5-333. Custody -- hearing for probable cause -- procedure. (1) At a probable cause hearing held pursuant to 41-5-332, the youth must be informed of the youth's constitutional rights and the youth's rights under this chapter.   (2) A youth must be represented by counsel at a probable cause hearing unless the right to counsel is waived after consultation with an attorney prior to the hearing.   (3) A parent, guardian, or custodian of the youth may be held in contempt of court for failing to be present at or to participate in the probable cause hearing unless the parent, guardian, or custodian:   (a) cannot be located through diligent efforts of the investigating peace officer or peace officers; or   (b) is excused by the court for good cause.   (4) At the probable cause hearing, a guardian ad litem may be appointed as provided in 41-5-1411.   History: En. Sec. 13, Ch. 286, L. 1997; amd. Sec. 2, Ch. 37, L. 2009.
MT Code § 41-5-334 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-334. Custody -- hearing for probable cause -- determinations -- detention -- release

  41-5-334. Custody -- hearing for probable cause -- determinations -- detention -- release. (1) If, at a probable cause hearing held pursuant to 41-5-332, it is determined that there is probable cause to believe that the youth is a delinquent youth or a youth in need of intervention, the court having jurisdiction in the case shall determine whether the youth should be retained in custody. If the court determines that continued custody of the youth is necessary and if the youth meets the criteria in 41-5-341 through 41-5-343, the youth may be placed in a detention facility, a youth assessment center, or a shelter care facility as provided in 41-5-345 through 41-5-348 but may not be placed in a jail or other facility used for the confinement of adults accused or convicted of criminal offenses.   (2) If probable cause is not found or if a probable cause hearing is not held within the time specified in 41-5-332, the youth must be immediately released from custody.   History: En. Secs. 14, 49(3)(f), Ch. 286, L. 1997.
MT Code § 41-5-335 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-335. through 41-5-340 reserved

  41-5-335 through 41-5-340 reserved.
MT Code § 41-5-341 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-341. Criteria for placement of youth in secure detention facilities

  41-5-341. Criteria for placement of youth in secure detention facilities. A youth may be placed in a secure detention facility only if the youth:   (1) has allegedly committed an act that if committed by an adult would constitute a criminal offense and the alleged offense is one specified in 41-5-206;   (2) is alleged to be a delinquent youth and:   (a) has escaped from a correctional facility or secure detention facility;   (b) has violated a valid court order or the terms and conditions of the youth's conditional release agreement;   (c) the youth's detention is required to protect persons or property;   (d) the youth has pending court or administrative action or is awaiting a transfer to another jurisdiction and may abscond or be removed from the jurisdiction of the court;   (e) there are not adequate assurances that the youth will appear for court when required; or   (f) the youth meets additional criteria for secure detention established by the youth court in the judicial district that has current jurisdiction over the youth; or   (3) has been adjudicated delinquent and is awaiting final disposition of the youth's case.   History: En. 10-1212 by Sec. 12, Ch. 329, L. 1974; amd. Sec. 4, Ch. 571, L. 1977; R.C.M. 1947, 10-1212; amd. Sec. 1, Ch. 689, L. 1985; amd. Sec. 8, Ch. 475, L. 1987; amd. Sec. 7, Ch. 515, L. 1987; amd. Sec. 1, Ch. 610, L. 1987; amd. Sec. 3, Ch. 548, L. 1991; amd. Secs. 15, 49(3)(i), Ch. 286, L. 1997; Sec. 41-5-305, MCA 1995; redes. 41-5-341 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 13, Ch. 344, L. 2019.
MT Code § 41-5-342 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-342. Criteria for placement of youth in shelter care facilities

  41-5-342. Criteria for placement of youth in shelter care facilities. A youth may be placed in a shelter care facility only if:   (1) the youth and the youth's family need shelter care to address their problematic situation and it is not possible for the youth to remain at home;   (2) the youth needs to be protected from physical or emotional harm;   (3) the youth needs to be deterred or prevented from immediate repetition of troubling behavior;   (4) shelter care is necessary to assess the youth and the youth's environment;   (5) shelter care is necessary to provide adequate time for case planning and disposition; or   (6) shelter care is necessary to intervene in a crisis situation and provide intensive services or attention that might alleviate the problem and reunite the family.   History: En. Sec. 16, Ch. 286, L. 1997.
MT Code § 41-5-343 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-343. Criteria for placement of youth in youth assessment centers

  41-5-343. Criteria for placement of youth in youth assessment centers. A youth may be placed in a youth assessment center only if:   (1) the youth meets the requirements for placement in shelter care;   (2) the youth has not committed an act that would be a felony offense if committed by an adult;   (3) the youth needs an alternative, staff-secured site for evaluation and assessment of the youth's need for services;   (4) the youth needs to be held accountable for the youth's actions with structured programming; and   (5) the youth meets qualifications as outlined by the placement guidelines that are determined by the department and coordinated with the guidelines used by the youth placement committees.   History: En. Sec. 49(3)(h), Ch. 286, L. 1997.
MT Code § 41-5-344 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-344. Repealed

  41-5-344. Repealed. Sec. 8, Ch. 114, L. 2001.   History: En. 10-1214 by Sec. 14, Ch. 329, L. 1974; amd. Sec. 6, Ch. 571, L. 1977; R.C.M. 1947, 10-1214; amd. Sec. 3, Ch. 465, L. 1983; amd. Sec. 2, Ch. 737, L. 1985; amd. Sec. 1, Ch. 11, Sp. L. June 1986; amd. Sec. 9, Ch. 475, L. 1987; amd. Sec. 5, Ch. 434, L. 1989; amd. Sec. 7, Ch. 105, L. 1991; amd. Sec. 5, Ch. 547, L. 1991; amd. Secs. 4, 5, Ch. 548, L. 1991; amd. Secs. 20, 21, Ch. 799, L. 1991; amd. Sec. 62, Ch. 10, L. 1993; amd. Sec. 5, Ch. 528, L. 1995; amd. Secs. 17, 49(3)(f), Ch. 286, L. 1997; Sec. 41-5-306, MCA 1995; redes. 41-5-344 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-345 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-345. Limitation on placement of youth in need of intervention

  41-5-345. Limitation on placement of youth in need of intervention. (1) After a probable cause hearing provided for in 41-5-332, a youth alleged to be a youth in need of intervention may be placed only in shelter care, as provided in 41-5-347.   (2) A youth alleged or found to be a youth in need of intervention may not be placed in a jail, secure detention facility, or correctional facility.   History: En. Sec. 18, Ch. 286, L. 1997; amd. Sec. 76, Ch. 550, L. 1997.
MT Code § 41-5-346 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-346. Limitation on placement of delinquent youth

  41-5-346. Limitation on placement of delinquent youth. After a probable cause hearing provided for in 41-5-332, a youth alleged to be a delinquent youth may be placed only:   (1) in shelter care, in the facilities described in 41-5-347;   (2) under home arrest as provided in 41-5-347;   (3) in detention, as provided in 41-5-348; or   (4) in a community youth court program.   History: En. Sec. 19, Ch. 286, L. 1997.
MT Code § 41-5-347 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-347. Place of shelter care

  41-5-347. Place of shelter care. Placement in shelter care means placement in one of the following:   (1) in a licensed youth care facility as defined in 52-2-602; or   (2) under home arrest, with or without a monitoring device, as provided in Title 46, chapter 18, part 10, either in the youth's own home or in a facility described in subsection (1).   History: En. Secs. 20, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 76, Ch. 51, L. 1999.
MT Code § 41-5-348 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-348. Place of detention

  41-5-348. Place of detention. Placement in detention means placement in one of the following facilities:   (1) a short-term detention center;   (2) a youth detention facility, including a regional detention facility; or   (3) a secure detention facility outside the state or operated by an Indian tribe that is under contract to the state or a subdivision of the state and that is in substantial compliance with the licensing requirements contained in rules adopted by the department.   History: En. Sec. 21, Ch. 286, L. 1997; amd. Sec. 5, Ch. 532, L. 1999.
MT Code § 41-5-349 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-349. Youth not to be detained in jail -- exceptions -- time limitations

  41-5-349. Youth not to be detained in jail -- exceptions -- time limitations. (1) A youth may not be detained or otherwise placed in a jail or other adult detention facility except as provided in 41-5-206 and this section.   (2) A youth who has allegedly committed an offense that if committed by an adult would constitute a criminal offense may be temporarily detained in a jail or other adult detention facility for a period not to exceed:   (a) 6 hours, but in no case overnight, for the purpose of identification, processing, or transfer of the youth to an appropriate detention facility or shelter care facility; or   (b) 24 hours, excluding weekends and legal holidays, if the youth is awaiting a probable cause hearing pursuant to 41-5-332.   (3) The exception provided for in subsection (2)(b) applies only if:   (a) the court having jurisdiction over the youth is outside a metropolitan statistical area;   (b) alternative facilities are not available or alternative facilities do not provide adequate security; and   (c) the youth is kept in an area that provides physical as well as sight and sound separation from adults accused or convicted of criminal offenses.   (4) Whenever, despite all good faith efforts to comply with the time limitations specified in subsection (2), the limitations are exceeded, this circumstance does not serve as grounds for dismissal of the case nor does this circumstance constitute a defense in a subsequent delinquency or criminal proceeding.   History: En. Sec. 1, Ch. 547, L. 1991; amd. Sec. 49, Ch. 18, L. 1995; amd. Sec. 23, Ch. 286, L. 1997; Sec. 41-5-311, MCA 1995; redes. 41-5-349 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-350 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-350. Permitted acts -- detention of youth in law enforcement facilities -- criteria

  41-5-350. Permitted acts -- detention of youth in law enforcement facilities -- criteria. (1) Nothing in this chapter precludes the detention of youth in a police station or other law enforcement facility that is attached to or part of a jail if:   (a) the area where the youth is held is an unlocked, multipurpose area, such as a lobby, office, interrogation room, or other area that is not designated or used as a secure detention area or that is not part of a secure detention area, or, if part of such an area, that is used only for the purpose of processing, such as a booking room;   (b) the youth is not secured to a cuffing rail or other stationary object during the period of detention;   (c) use of the area is limited to ensuring custody of the youth for the purpose of identification, processing, or transfer of the youth to an appropriate detention or shelter care facility;   (d) the area is not designed or intended to be used for residential purposes; and   (e) the youth is under continuous visual supervision by a law enforcement officer or by facility staff during the period of time that the youth is held in detention.   (2) For purposes of this section, "secure detention" means the detention of youth or confinement of adults accused or convicted of criminal offenses in a physically restricting setting, including but not limited to a locked room or set of rooms or a cell designed to prevent a youth or adult from departing at will.   History: En. Sec. 7, Ch. 548, L. 1991; Sec. 41-5-313, MCA 1995; redes. 41-5-350 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-351 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 3. Custody and Detention|41-5-351. through 41-5-354 reserved

  41-5-351 through 41-5-354 reserved.