reglab/housing_qa huggingface dataset:
MT Code § 41-5-1413 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1413. Right to counsel -- assignment of counsel

  41-5-1413. Right to counsel -- assignment of counsel. In all proceedings following the filing of a petition alleging that a youth is a delinquent youth or youth in need of intervention, the youth and the parents or guardian of the youth must be advised by the court or, in the absence of the court, by its representative that the youth may be represented by counsel at all stages of the proceedings. If counsel is not retained or if it appears that counsel will not be retained for the youth, the court shall order the office of state public defender, provided for in 2-15-1029, to assign counsel for the youth pursuant to the Montana Public Defender Act, Title 47, chapter 1, unless the right to counsel is waived by the youth and the parents or guardian. Neither the youth nor the youth's parents or guardian may waive the right to counsel after a petition has been filed if commitment to the department for a period of more than 6 months may result from adjudication.   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(3); amd. Sec. 1, Ch. 386, L. 1979; amd. Sec. 4, Ch. 484, L. 1981; amd. Sec. 60, Ch. 609, L. 1987; amd. Sec. 28, Ch. 550, L. 1997; Sec. 41-5-511, MCA 1995; redes. 41-5-1413 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 37, Ch. 449, L. 2005; amd. Sec. 11, Ch. 358, L. 2017.
MT Code § 41-5-1414 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1414. Right to confront witnesses

  41-5-1414. Right to confront witnesses. In a proceeding on a petition, a party is entitled to:   (1) the opportunity to introduce evidence and otherwise be heard on the party's own behalf;   (2) confront and cross-examine witnesses testifying against the party; and   (3) admit or deny the allegations against the party in the petition.   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(5); Sec. 41-5-513, MCA 1995; redes. 41-5-1414 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1415 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1415. Admissibility of confession or illegally seized evidence

  41-5-1415. Admissibility of confession or illegally seized evidence. In a proceeding alleging a youth to be a delinquent youth:   (1) an extrajudicial statement that would be constitutionally inadmissible in a criminal matter may not be received in evidence;   (2) evidence illegally seized or obtained may not be received in evidence to establish the allegations of a petition against a youth; and   (3) an extrajudicial admission or confession made by the youth out of court is insufficient to support a finding that the youth committed the acts alleged in the petition unless it is corroborated by other evidence.   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)(c); amd. Sec. 7, Ch. 528, L. 1995; Sec. 41-5-514, MCA 1995; redes. 41-5-1415 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 9, Ch. 532, L. 1999.
MT Code § 41-5-1417 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1417. through 41-5-1420 reserved

  41-5-1417 through 41-5-1420 reserved.
MT Code § 41-5-1421 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1421. Posttrial motions

  41-5-1421. Posttrial motions. All posttrial motions and other remedies available to an adult in a criminal proceeding under the Montana Code of Criminal Procedure are available to a youth proceeded against under this chapter.   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(7); Sec. 41-5-531, MCA 1995; redes. 41-5-1421 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1422 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1422. Modification of court orders -- notice to department -- hearing

  41-5-1422. Modification of court orders -- notice to department -- hearing. (1) An order of the court may be modified at any time.   (2) In the case of a youth committed to the department, an order pertaining to the youth may be modified only upon notice to the department and a subsequent hearing.   History: En. Sec. 40, Ch. 550, L. 1997.
MT Code § 41-5-1423 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1423. Appeals

  41-5-1423. Appeals. (1) Any party other than the state may appeal from a judgment of the court to the supreme court in the manner provided by law. The appeal shall be heard by the supreme court upon the files, records, and transcript of the evidence of the juvenile court.   (2) The appeal to the supreme court does not stay the judgment appealed from, but the supreme court may order a stay upon application and hearing consistent with the provisions of this chapter if suitable provision is made for the care and custody of the youth. If the order appealed from grants the legal custody of the youth to or withholds it from one or more of the parties to the appeal, the appeal shall be heard at the earliest practicable time.   History: En. 10-1225 by Sec. 25, Ch. 329, L. 1974; R.C.M. 1947, 10-1225; Sec. 41-5-532, MCA 1995; redes. 41-5-1423 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1424 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1424. through 41-5-1429 reserved

  41-5-1424 through 41-5-1429 reserved.
MT Code § 41-5-1430 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1430. Conditional release revocation hearing

  41-5-1430. Conditional release revocation hearing. (1) (a) If a county attorney files a petition to revoke a youth's conditional release, the court shall hold a revocation hearing without a jury within 10 working days after the petition is filed, except as provided in subsection (1)(b).  (b) (i) If a youth alleged to have violated the terms and conditions of the youth's conditional release agreement has been taken into custody and placed in detention, the court shall conduct a probable cause hearing in accordance with 41-5-332 through 41-5-334.   (ii) If the court determines that there is probable cause to believe that the youth has violated the terms and conditions of the youth's conditional release agreement and the county attorney determines that revocation is warranted, the county attorney shall file a petition to revoke within 7 working days. The court shall hold a revocation hearing without a jury within 10 working days after the petition has been filed.   (iii) If the county attorney does not file a petition to revoke, the youth must be released unless good cause is shown to further detain the youth.   (2) In regard to the conditional release revocation hearing, the youth is entitled to:   (a) receive written notice of the alleged violation of the terms and conditions of the youth's conditional release;   (b) receive evidence of the alleged violation;   (c) an opportunity to be heard in person or by interactive video transmission and to present witnesses and evidence;   (d) cross-examine witnesses, unless the court finds good cause for not allowing confrontation; and   (e) be represented by counsel.   (3) After the revocation hearing, if the court finds by a preponderance of the evidence presented that the youth has violated the terms and conditions of the youth's conditional release, the court may revoke the youth's conditional release and return the youth to a correctional facility or make any other judgment or disposition that could have been made under the original judgment.   History: En. Sec. 1, Ch. 344, L. 2019; amd. Sec. 12, Ch. 339, L. 2021.
MT Code § 41-5-1431 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1431. Probation revocation proceeding -- petition -- hearing -- disposition

  41-5-1431. Probation revocation proceeding -- petition -- hearing -- disposition. (1) A youth on probation incident to an adjudication that the youth is a delinquent youth or a youth in need of intervention and that the youth has violated a term of probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation must be done by filing in the original proceeding a petition styled "petition to revoke probation".   (2) Petitions to revoke probation must be screened, reviewed, and prepared in the same manner and must contain the same information as petitions alleging delinquency or need of intervention. Procedures of the Montana Youth Court Act regarding taking into custody and detention apply. The petition must state the terms of probation alleged to have been violated and the factual basis for the allegations.   (3) The standard of proof in probation revocation proceedings is the same standard used in probation revocation of an adult, and the hearing must be before the youth court without a jury. In all other respects, proceedings to revoke probation are governed by the procedures, rights, and duties applicable to proceedings on petitions alleging that the youth is delinquent or a youth in need of intervention. If a youth is found to have violated a term of probation, the youth court may make any judgment of disposition that could have been made in the original case.   History: En. 10-1228 by Sec. 28, Ch. 329, L. 1974; R.C.M. 1947, 10-1228; amd. Sec. 45, Ch. 550, L. 1997; Sec. 41-5-533, MCA 1995; redes. 41-5-1431 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1432 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1432. Enforcement of restitution orders

  41-5-1432. Enforcement of restitution orders. If the court orders payment of restitution and the youth fails to pay the restitution in accordance with the payment schedule or structure established by the court or juvenile probation officer, the youth's juvenile probation officer may, on the officer's own motion or at the request of the victim, ask the court to hold a hearing to determine whether the conditions of probation or commitment to the department should be changed. The juvenile probation officer shall ask for a hearing if the restitution has not been paid prior to 60 days before the term of probation or commitment to the department expires. The court shall schedule and hold the hearing before the youth's term of probation or commitment to the department expires.   History: En. Sec. 12, Ch. 498, L. 1997; amd. Sec. 73, Ch. 2, L. 2009; amd. Sec. 15, Ch. 344, L. 2019.
MT Code § 41-5-1502 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1502. Adjudicatory hearing

  41-5-1502. Adjudicatory hearing. (1) Prior to any adjudicatory hearing, the court shall determine whether the youth admits or denies the offenses alleged in the petition. If the youth denies all offenses alleged in the petition, the youth or the youth's parent, guardian, or attorney may demand a jury trial on the contested offenses. In the absence of a demand, a jury trial is waived. If the youth denies some offenses and admits others, the contested offenses may be dismissed in the discretion of the youth court judge. The adjudicatory hearing must be set immediately and accorded a preferential priority.   (2) An adjudicatory hearing must be held to determine whether the contested offenses are supported by proof beyond a reasonable doubt in cases involving a youth alleged to be delinquent or in need of intervention. If the hearing is before a jury, the jury's function is to determine whether the youth committed the contested offenses. If the hearing is before the youth court judge without a jury, the judge shall make and record findings on all issues. If the allegations of the petitions are not established at the hearing, the youth court shall dismiss the petition and discharge the youth from custody.   (3) Prior to an adjudicatory hearing before a jury, the court shall conduct an omnibus hearing in accordance with 46-13-110.   (4) The jury trial must be conducted in accordance with Title 46, chapter 16.   (5) An adjudicatory hearing must be recorded verbatim by whatever means the court considers appropriate.   (6) The youth charged in a petition must be present at the hearing and, if brought from detention to the hearing, may not appear clothed in institutional clothing.   (7) In a hearing on a petition under this section, the general public may not be excluded, except that in the court's discretion, the general public may be excluded if the petition alleges that the youth is in need of intervention.   (8) If, on the basis of a valid admission by a youth of the allegations of the petition or after the hearing required by this section, a youth is found to be a delinquent youth or a youth in need of intervention, the court shall schedule a dispositional hearing under this chapter.   (9) When a jury trial is required in a case, it may be held before a jury selected as provided in Title 25, chapter 7, part 2, and in Rule 47, M.R.Civ.P.   History: En. 10-1220 by Sec. 20, Ch. 329, L. 1974; amd. Sec. 7, Ch. 100, L. 1977; amd. Sec. 1, Ch. 344, L. 1977; R.C.M. 1947, 10-1220; amd. Sec. 1, Ch. 668, L. 1979; amd. Sec. 1, Ch. 469, L. 1981; amd. Sec. 3, Ch. 466, L. 1995; amd. Sec. 26, Ch. 286, L. 1997; amd. Secs. 30, 76, Ch. 550, L. 1997; Sec. 41-5-521, MCA 1995; redes. 41-5-1502 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1503 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1503. Medical or psychological evaluation of youth -- urinalysis

  41-5-1503. Medical or psychological evaluation of youth -- urinalysis. (1) The youth court may order a youth to receive a medical or psychological evaluation at any time prior to final disposition if the youth waives the youth's constitutional rights in the manner provided for in 41-5-331. Except as provided in subsection (2), the youth court shall pay for the cost of the evaluation from its judicial district's allocation provided for in 41-5-130 or 41-5-2012.  (2) The youth court shall determine the financial ability of the youth's parents or guardians to pay the cost of an evaluation ordered by the court under subsection (1). If they are financially able, the court shall order the youth's parents or guardians to pay all or part of the cost of the evaluation.   (3) Subject to 41-5-1512(1)(o)(i), the youth court may not order an evaluation or placement of a youth at a correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is listed in 41-5-206.   (4) An evaluation of a youth may not be performed at the Montana state hospital.   (5) In a proceeding alleging a youth to be a delinquent youth, upon a finding of an offense related to use of alcohol or illegal drugs, the court may order the youth to undergo urinalysis for the purpose of determining whether the youth is using alcoholic beverages or illegal drugs.   History: En. Sec. 39, Ch. 550, L. 1997; amd. Sec. 11, Ch. 532, L. 1999; amd. Sec. 7, Ch. 587, L. 2001; amd. Sec. 9, Ch. 398, L. 2007; amd. Sec. 13, Ch. 339, L. 2021.
MT Code § 41-5-1504 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1504. Finding of suffering from mental disorder and meeting other criteria -- rights -- limitation on placement

  41-5-1504. Finding of suffering from mental disorder and meeting other criteria -- rights -- limitation on placement. (1) A youth who is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1) is entitled to all rights provided by 53-21-114 through 53-21-119.  (2) A youth who, prior to placement or sentencing, is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1) may not be committed or sentenced to a correctional facility.   (3) (a) A youth who is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1), after placement in or sentencing to a correctional facility must be moved to a more appropriate placement in response to the youth's mental health needs and consistent with the disposition alternatives available in 53-21-127.   (b) (i) If before removing the youth from the facility the department determines that it will request funds for the youth's placement from the cost containment pool as provided for in 41-5-132, the department may ask the cost containment review panel to make recommendations to the department about the most appropriate placement for the youth. The department shall provide the cost containment review panel with sufficient information about the youth to allow the panel to make its recommendations, and the department shall consider the panel's recommendations before making its placement decision.   (ii) The department may request at any time from the cost containment review panel recommendations regarding the youth's placement.   (iii) The cost containment review panel shall establish protocols for making recommendations to the department under this section.   History: En. Secs. 36, 78(1)(c), Ch. 550, L. 1997; amd. Sec. 7, Ch. 143, L. 2015; amd. Sec. 14, Ch. 339, L. 2021.
MT Code § 41-5-1505 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1505. through 41-5-1510 reserved

  41-5-1505 through 41-5-1510 reserved.
MT Code § 41-5-1514 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1514. through 41-5-1520 reserved

  41-5-1514 through 41-5-1520 reserved.
MT Code § 41-5-1521 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1521. Restitution

  41-5-1521. Restitution. (1) In determining whether restitution, as authorized by 41-5-1304, 41-5-1512, or 41-5-1513, is appropriate in a particular case, the following factors may be considered in addition to any other evidence:   (a) the age of the youth;   (b) the ability of the youth to pay;   (c) the ability of the parents, guardian, or those that contributed to the youth's delinquency or need for intervention to pay;   (d) the amount of damage to the victim; and   (e) legal remedies of the victim. However, the ability of the victim or the victim's insurer to stand any loss may not be considered.   (2) Restitution paid by a youth is subject to subrogation as provided in 46-18-248.   History: En. Sec. 32, Ch. 550, L. 1997; amd. Sec. 76, Ch. 550, L. 1997.
MT Code § 41-5-1522 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1522. Commitment to department -- restrictions on placement

  41-5-1522. Commitment to department -- restrictions on placement. When a youth is committed to the department, the department shall determine the appropriate placement and rehabilitation program for the youth while the youth is in a correctional facility or other program operated by or under contract with the department after considering the recommendations made by the youth placement committee if a committee has been established as provided for in 41-5-121. Placement is subject to the following limitations:  (1) A youth may not be held in a correctional facility for a period of time in excess of 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.   (2) A youth may not be placed in or transferred to a correctional facility that does not provide sight and sound separation from adult offenders as required in 28 CFR 115.14.   (3) The department may not place a youth in need of intervention, a youth adjudicated delinquent for commission of an act that would not be an offense if committed by an adult, or a youth who violates a consent adjustment in a correctional facility.   History: En. Sec. 35, Ch. 550, L. 1997; amd. Sec. 12, Ch. 398, L. 2007; amd. Sec. 18, Ch. 344, L. 2019; amd. Sec. 17, Ch. 339, L. 2021.
MT Code § 41-5-1523 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 15. Formal Proceeding -- Hearing -- Disposition|41-5-1523. Commitment to department or youth court -- supervision

  41-5-1523. Commitment to department or youth court -- supervision. (1) A youth placed in a correctional facility or other facility or program operated by or under contract with the department is under the control of the department until the youth is discharged, transferred, or placed on conditional release by the department. Before a youth is placed on conditional release, a conditional release agreement must be developed and signed as provided in 52-5-126.  (2) A youth who is placed on conditional release must be supervised by a juvenile probation officer of the youth court.   (3) A youth placed in any private, out-of-home facility by the youth court must be supervised by a juvenile probation officer of the youth court.   (4) Responsibilities of the juvenile probation officer relating to placement of the youth include but are not limited to:   (a) if a youth placement committee has been established as provided for in 41-5-121, submitting information and documentation necessary for the committee that is making the placement recommendation to determine an appropriate placement for the youth;   (b) securing approval for payment of special education costs from the youth's school district of residence or the office of public instruction, as required in Title 20, chapter 7, part 4;   (c) submitting an application to a facility in which the youth may be placed; and   (d) managing the youth's case while in a private, out-of-home facility and upon release until supervision is terminated by the youth court.   History: En. Sec. 37, Ch. 550, L. 1997; amd. Sec. 13, Ch. 398, L. 2007; amd. Sec. 19, Ch. 344, L. 2019; amd. Sec. 18, Ch. 339, L. 2021.