reglab/housing_qa huggingface dataset:
MT Code § 41-5-1524 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1524. Commitment to department -- transfer of records

  41-5-1524. Commitment to department -- transfer of records. (1) Whenever the court commits a youth to the department, it shall transmit with the dispositional judgment copies of formal and informal youth court records, including medical reports, social history material, youth assessment material, education records, and any other clinical, predisposition, or other reports and information pertinent to the care and treatment of the youth.   (2) The youth court may share informal youth court records with the department when a youth has been committed to the department. On the youth's 18th birthday or upon discharge, whichever is earlier, the department shall seal the entire record and is subject to 41-5-216(5).   (3) The department shall transmit to the supervising juvenile probation officer any medical reports, youth assessment material, education records, and other clinical or behavioral health information pertinent to the care and treatment of the youth if the department:   (a) places the youth on conditional release;   (b) discharges the youth to the youth court for supervision as required by court order; or   (c) transfers the youth as provided for in 41-5-208.   History: En. Sec. 38, Ch. 550, L. 1997; amd. Sec. 6, Ch. 423, L. 2005; amd. Sec. 3, Ch. 56, L. 2017; amd. Sec. 20, Ch. 344, L. 2019.
MT Code § 41-5-1601 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1601. Short title

  41-5-1601. Short title. This part may be cited as the "Extended Jurisdiction Prosecution Act".   History: En. Sec. 1, Ch. 438, L. 1995; Sec. 41-5-1101, MCA 1995; redes. 41-5-1601 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1602 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1602. Extended jurisdiction juvenile prosecution -- designation

  41-5-1602. Extended jurisdiction juvenile prosecution -- designation. (1) A youth court case involving a youth alleged to have committed an offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, is an extended jurisdiction juvenile prosecution if:   (a) the youth was at least 14 years of age at the time of the alleged offense, the county attorney requests that the case be designated an extended jurisdiction juvenile prosecution, a hearing is held under 41-5-1603, and the court designates the case as an extended jurisdiction juvenile prosecution;   (b) the county attorney designates in the delinquency petition that the proceeding is an extended jurisdiction juvenile prosecution and the youth is alleged to have committed:   (i) an offense that is listed under 41-5-206, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed; or   (ii) any offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, in which the youth allegedly used a firearm, if the youth was at least 12 years of age at the time of the alleged offense; or   (c) after a hearing upon a motion for transfer of the matter of prosecution to the district court under 41-5-206, the court designates the case as an extended jurisdiction juvenile prosecution.   (2) To enforce the court's disposition in an extended jurisdiction juvenile prosecution, the court shall retain jurisdiction as provided in 41-5-205.   History: En. Sec. 2, Ch. 438, L. 1995; amd. Sec. 6, Ch. 498, L. 1997; Sec. 41-5-1102, MCA 1995; redes. 41-5-1602 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 4, Ch. 537, L. 1999.
MT Code § 41-5-1603 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1603. Hearing on request

  41-5-1603. Hearing on request. (1) When a county attorney requests that a case be designated as an extended jurisdiction juvenile prosecution under 41-5-1602(1)(a), the court shall hold a hearing to consider the request.   (2) The hearing must be held within 30 days of the filing of the request unless good cause is shown by the county attorney or the youth that the hearing should be held later, in which case the hearing must be held within 90 days of the request.   (3) If the county attorney shows by clear and convincing evidence that designating the case as an extended jurisdiction juvenile prosecution serves public safety, the court may, within 15 days after the hearing, designate the case as an extended jurisdiction juvenile prosecution. In determining whether public safety is served, the court shall consider the factors enumerated in 41-5-1606.   History: En. Sec. 3, Ch. 438, L. 1995; amd. Sec. 7, Ch. 498, L. 1997; Sec. 41-5-1103, MCA 1995; redes. 41-5-1603 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1604 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1604. Disposition in extended jurisdiction juvenile prosecutions

  41-5-1604. Disposition in extended jurisdiction juvenile prosecutions. (1) (a) After designation as an extended jurisdiction juvenile prosecution, the case must proceed with an adjudicatory hearing, as provided in 41-5-1502. If a youth in an extended jurisdiction juvenile prosecution admits to or is adjudicated to have committed an offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the court shall, subject to subsection (1)(b), impose a single judgment consisting of:   (i) one or more juvenile dispositions under 41-5-1512 or 41-5-1513; and   (ii) any sentence allowed by the statute that establishes the penalty for the offense of which the youth is convicted and that would be permissible if the offender were an adult. The execution of the sentence imposed under this subsection must be stayed on the condition that the youth not violate the provisions of the disposition order and not commit a new offense.   (b) The combined period of time of a juvenile disposition under subsection (1)(a)(i) plus an adult sentence under subsection (1)(a)(ii) may not exceed the maximum period of imprisonment that could be imposed on an adult convicted of the offense or offenses that brought the youth under the jurisdiction of the youth court. This subsection does not limit the power of the department to enter into a conditional release agreement with the youth pursuant to 52-5-126.   (2) If a youth prosecuted as an extended jurisdiction juvenile after designation by the county attorney in the delinquency petition under 41-5-1602(1)(b) admits to or is adjudicated to have committed an offense that would be a felony if committed by an adult that is not an offense described in 41-5-1602(1)(b), except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the court shall adjudicate the youth delinquent and order a disposition under 41-5-1513.   (3) If a youth in an extended jurisdiction juvenile prosecution admits to or is adjudicated to have committed an offense that would not be a felony if committed by an adult, the court shall impose a disposition as provided under subsection (1)(a).   History: En. Sec. 4, Ch. 438, L. 1995; amd. Sec. 8, Ch. 498, L. 1997; amd. Sec. 52, Ch. 550, L. 1997; Sec. 41-5-1104, MCA 1995; redes. 41-5-1604 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 5, Ch. 537, L. 1999; amd. Sec. 21, Ch. 344, L. 2019.
MT Code § 41-5-1605 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1605. Revocation of stay -- disposition

  41-5-1605. Revocation of stay -- disposition. (1) If a court has imposed on a youth a sentence stayed under 41-5-1604(1)(a)(ii) and the youth violates the conditions of the stay or is alleged to have committed a new offense, the court may, without notice, direct that the youth be taken into immediate custody. The court shall notify the youth, the youth's counsel, and the youth's parents, guardian, or custodian in writing of the reasons alleged to exist for revocation of the stay of execution of the sentence.   (2) (a) The court shall hold a revocation hearing at which the youth is entitled to receive:   (i) written notice of the alleged violation;   (ii) evidence of the alleged violation;   (iii) an opportunity to be heard in person and to present witnesses and evidence;   (iv) the right to cross-examine witnesses, unless the court finds good cause for not allowing confrontation; and   (v) the right to counsel.   (b) After the revocation hearing, if the court finds by a preponderance of the evidence presented that the conditions of the stay have been violated or that the youth has committed a new offense, the court shall provide the youth with a written statement of the evidence relied on and reasons for revocation and shall:   (i) continue the stay and place the youth on probation;   (ii) impose one or more dispositions under 41-5-1512 or 41-5-1513 if the youth is under 18 years of age; or   (iii) subject to 41-5-206(6) and (7) and 41-5-1604(1)(b), order execution of the sentence imposed under 41-5-1604(1)(a)(ii). The court shall order credit for any time served prior to revocation under a disposition under 41-5-1604(1)(a)(i).   (3) Upon revocation and disposition under subsection (2)(b)(iii), the youth court shall transfer the case to the district court. Upon transfer, the offender's extended jurisdiction juvenile status is terminated and youth court jurisdiction is terminated. Ongoing supervision of the offender is with the department, rather than the youth court's juvenile probation services.   History: En. Sec. 5, Ch. 438, L. 1995; amd. Secs. 9, 13, Ch. 498, L. 1997; amd. Sec. 53, Ch. 550, L. 1997; Sec. 41-5-1105, MCA 1995; redes. 41-5-1605 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 6, Ch. 537, L. 1999.
MT Code § 41-5-1606 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1606. Public safety

  41-5-1606. Public safety. (1) In determining whether the public safety is served by designating a case an extended jurisdiction juvenile prosecution, the court shall consider the following factors:   (a) the seriousness of the alleged offense in terms of community protection, including the existence of any aggravating factors, the use of a firearm, and the impact on the victim;   (b) the culpability of the youth in committing the alleged offense, including the level of the youth's participation in planning and carrying out the offense and the existence of mitigating factors;   (c) the youth's prior record of delinquency;   (d) the youth's treatment history, including the youth's past willingness to participate meaningfully in available treatment;   (e) the adequacy of the dispositions available in the juvenile justice system; and   (f) the dispositional options available for the youth.   (2) In considering the factors listed in subsection (1), the court shall give greater weight to the seriousness of the alleged offense and the youth's prior record of delinquency than to the other listed factors.   History: En. Sec. 10, Ch. 498, L. 1997.
MT Code § 41-5-1607 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 16. Extended Jurisdiction Prosecution Act|41-5-1607. Proceedings -- rights

  41-5-1607. Proceedings -- rights. A youth who is the subject of an extended jurisdiction juvenile prosecution has the right to a trial by jury and to the effective assistance of counsel, as provided in 41-5-1413.   History: En. Sec. 11, Ch. 498, L. 1997.
MT Code § 41-5-1701 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1701. Employment of juvenile probation officers and youth court staff

  41-5-1701. Employment of juvenile probation officers and youth court staff. All juvenile probation officers and youth court staff are employees of the judicial branch of state government. The employees are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under 3-1-130 and must receive state employee benefits and expenses as provided in Title 2, chapter 18.   History: En. 10-1234 by Sec. 34, Ch. 329, L. 1974; amd. Sec. 1, Ch. 530, L. 1975; R.C.M. 1947, 10-1234(1); amd. Sec. 3, Ch. 29, L. 1979; Sec. 41-5-701, MCA 1995; redes. 41-5-1701 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 34, Ch. 585, L. 2001; amd. Sec. 6, Ch. 152, L. 2003; amd. Sec. 77, Ch. 2, L. 2009.
MT Code § 41-5-1702 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1702. Repealed

  41-5-1702. Repealed. Sec. 10, Ch. 152, L. 2003.   History: En. 10-1234 by Sec. 34, Ch. 329, L. 1974; amd. Sec. 1, Ch. 530, L. 1975; R.C.M. 1947, 10-1234(2); amd. Sec. 1, Ch. 544, L. 1987; amd. Sec. 2, Ch. 205, L. 1995; Sec. 41-5-702, MCA 1995; redes. 41-5-1702 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 35, Ch. 585, L. 2001.
MT Code § 41-5-1703 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1703. Powers and duties of juvenile probation officers

  41-5-1703. Powers and duties of juvenile probation officers. (1) A juvenile probation officer shall:   (a) perform the duties set out in 41-5-1302;   (b) make predisposition studies and submit reports and recommendations to the court;   (c) supervise, assist, and counsel youth placed on probation or conditional release or under the juvenile probation officer's supervision, including enforcement of the terms of probation or conditional release or intervention;   (d) assist any public and private community and work projects engaged in by youth to pay fines, make restitution, and pay any other costs ordered by the court that are associated with youth delinquency or need for intervention;   (e) perform any other functions designated by the court.   (2) A juvenile probation officer does not have power to make arrests or to perform any other law enforcement functions in carrying out the juvenile probation officer's duties except that a juvenile probation officer may take into custody any youth who violates either the youth's probation, terms and conditions of the youth's conditional release agreement, or a lawful order of the court.   (3) The duties of a full-time or part-time juvenile probation officer may not be performed by a person serving as a law enforcement officer.   History: En. 10-1234 by Sec. 34, Ch. 329, L. 1974; amd. Sec. 1, Ch. 530, L. 1975; R.C.M. 1947, 10-1234(4), (5); amd. Secs. 48, 76, Ch. 550, L. 1997; Sec. 41-5-703, MCA 1995; redes. 41-5-1703 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 7, Ch. 152, L. 2003; amd. Sec. 78, Ch. 2, L. 2009; amd. Sec. 22, Ch. 344, L. 2019.
MT Code § 41-5-1704 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1704. Repealed

  41-5-1704. Repealed. Secs. 52(1), 63(3), Ch. 585, L. 2001.   History: En. 10-1234 by Sec. 34, Ch. 329, L. 1974; amd. Sec. 1, Ch. 530, L. 1975; R.C.M. 1947, 10-1234(part); amd. Sec. 1, Ch. 605, L. 1979; amd. Sec. 1, Ch. 534, L. 1981; amd. Sec. 1, Ch. 332, L. 1983; amd. Sec. 2, Ch. 580, L. 1985; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 1, Ch. 381, L. 1997; Sec. 41-5-704, MCA 1995; redes. 41-5-1704 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 7, Ch. 507, L. 2001.
MT Code § 41-5-1705 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1705. Repealed

  41-5-1705. Repealed. Secs. 52(1), 63(3), Ch. 585, L. 2001.   History: En. 10-1234 by Sec. 34, Ch. 329, L. 1974; amd. Sec. 1, Ch. 530, L. 1975; R.C.M. 1947, 10-1234(part); amd. Sec. 2, Ch. 605, L. 1979; amd. Sec. 2, Ch. 332, L. 1983; amd. Sec. 2, Ch. 381, L. 1997; Sec. 41-5-705, MCA 1995; redes. 41-5-1705 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 8, Ch. 507, L. 2001.
MT Code § 41-5-1706 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1706. Juvenile probation officer training

  41-5-1706. Juvenile probation officer training. (1) The office of court administrator may conduct a 40-hour juvenile probation officer basic training program and other training programs and courses for juvenile probation officers.   (2) A juvenile probation officer who successfully completes the 40-hour basic training program or another program or course must be issued a certificate by the office of court administrator.   (3) Each chief juvenile probation officer and deputy juvenile probation officer shall obtain 16 hours a year of training in subjects relating to the powers and duties of juvenile probation officers.   History: En. Sec. 1, Ch. 205, L. 1995; Sec. 41-5-706, MCA 1995; redes. 41-5-1706 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 36, Ch. 585, L. 2001; amd. Sec. 8, Ch. 152, L. 2003; amd. Sec. 15, Ch. 506, L. 2007; amd. Sec. 79, Ch. 2, L. 2009.
MT Code § 41-5-1707 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 17. Juvenile Probation Officers|41-5-1707. Assessment officers -- duties -- access to records

  41-5-1707. Assessment officers -- duties -- access to records. (1) An assessment officer employed by the state judicial branch shall perform the duties set out in 41-5-1201 and 41-5-1302.   (2) Proceedings under 41-5-1201 and 41-5-1302 that are held prior to adjudication satisfy the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release education records to assessment officers. The assessment officer is responsible for ensuring that officials and authorities to whom that information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent of the student.   History: En. Sec. 72, Ch. 550, L. 1997; amd. Sec. 37, Ch. 585, L. 2001; amd. Sec. 9, Ch. 152, L. 2003.
MT Code § 41-5-1801 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 18. Custodial Care|41-5-1801. Shelter care facilities

  41-5-1801. Shelter care facilities. (1) Counties, cities, or nonprofit corporations may provide by purchase, lease, or otherwise, a shelter care facility.   (2) A shelter care facility must be physically separated from any facility housing adults accused or convicted of criminal offenses.   (3) State appropriations and federal funds may be received by counties, cities, or nonprofit corporations for establishment, maintenance, or operation of a shelter care facility.   (4) A shelter care facility must be furnished in a comfortable manner.   (5) A shelter care facility may be operated in conjunction with a youth detention facility.   (6) A shelter care facility may permit a school district to use the facility as an alternative education site provided that the school district provides the educational program and personnel necessary to instruct the youth. Public schools shall follow the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., in making education placement decisions for youth with disabilities.   History: En. Sec. 26, Ch. 227, L. 1943; Sec. 10-627, R.C.M. 1947; amd. and redes. 10-1237 by Sec. 37, Ch. 329, L. 1974; amd. Sec. 13, Ch. 571, L. 1977; R.C.M. 1947, 10-1237; amd. Sec. 11, Ch. 475, L. 1987; amd. Sec. 8, Ch. 434, L. 1989; amd. Sec. 23, Ch. 799, L. 1991; amd. Sec. 10, Ch. 528, L. 1995; amd. Sec. 49, Ch. 550, L. 1997; Sec. 41-5-802, MCA 1995; redes. 41-5-1801 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 7, Ch. 114, L. 2001; amd. Sec. 1, Ch. 61, L. 2003.
MT Code § 41-5-1802 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 18. Custodial Care|41-5-1802. Rules

  41-5-1802. Rules. The department shall adopt rules governing licensing procedures for regional and county detention facilities, including the requirement that a youth detention facility provide an educational program for youth in need of that service.   History: En. Sec. 5, Ch. 475, L. 1987; amd. Sec. 15, Ch. 475, L. 1987; amd. Sec. 10, Ch. 434, L. 1989; amd. Sec. 24, Ch. 799, L. 1991; Sec. 41-5-809, MCA 1995; redes. 41-5-1802 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 3, Ch. 536, L. 1999.
MT Code § 41-5-1804 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 18. Custodial Care|41-5-1804. Regional detention facilities

  41-5-1804. Regional detention facilities. (1) Two or more counties may, by contract, establish and maintain a regional detention facility.   (2) For the purpose of establishing and maintaining a regional detention facility, a county may:   (a) issue general obligation bonds for the acquisition, purchase, construction, renovation, and maintenance of a regional detention facility;   (b) subject to 15-10-420, levy and appropriate taxes, as permitted by law, to pay its share of the cost of equipping, operating, and maintaining the facility; and   (c) exercise all powers, under the limitations prescribed by law, necessary and convenient to carry out the purposes of 41-5-1803 and this section.   (3) Contracts authorized under subsection (1) must be made pursuant to the Interlocal Cooperation Act, Title 7, chapter 11, part 1.   (4) Contracts between counties participating in a regional detention facility must:   (a) specify the responsibilities of each county participating in the agreement;   (b) designate responsibility for operation of the regional detention facility;   (c) specify the amount of funding to be contributed by each county toward payment of the cost of establishing, operating, and maintaining the regional detention facility, including the necessary expenditures for the transportation of youth to and from the facility but excluding the education costs funded by a school district pursuant to 41-5-1807;   (d) include the applicable per diem charge for the detention of youth in the facility, as well as the basis for any adjustment in the charge;   (e) specify the number of beds to be reserved for the use of each county participating in the regional detention facility; and   (f) provide an educational program for youth held in the detention facility and in need of that service.   History: En. Sec. 3, Ch. 799, L. 1991; amd. Sec. 11, Ch. 528, L. 1995; Sec. 41-5-811, MCA 1995; redes. 41-5-1804 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 5, Ch. 536, L. 1999; amd. Sec. 126, Ch. 584, L. 1999.
MT Code § 41-5-1805 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 18. Custodial Care|41-5-1805. Creation of regions -- requirements -- limitation on number of regions

  41-5-1805. Creation of regions -- requirements -- limitation on number of regions. (1) Counties that wish to establish a regional detention facility shall form a youth detention region.   (2) Each youth detention region must:   (a) be composed of contiguous counties participating in the regional detention facility; and   (b) include geographical areas of the state that contain a substantial percentage of the total youth population in need of detention services, as determined by the board of crime control.   (3) There may be no more than five youth detention regions established in the state at any one time.   History: En. Sec. 4, Ch. 799, L. 1991; Sec. 41-5-812, MCA 1995; redes. 41-5-1805 by Sec. 47, Ch. 286, L. 1997.