reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 15. Formal Proceeding -- Hearing -- Disposition › 41-5-1525. Repealed

41-5-1525. Repealed.
Sec. 16, Ch. 506, L. 2023.
History: En. Sec. 41, Ch. 550, L. 1997; amd. Sec. 4, Ch. 223, L. 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 restitution;
(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; amd. Sec. 15, Ch. 506, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 18. Custodial Care › 41-5-1806. Contracts with nonparticipating counties

41-5-1806. Contracts with nonparticipating counties.
Counties participating in a regional detention facility may enter into agreements with nonparticipating counties to provide services for the detention of youth. The costs of services must be based upon a per diem charge for the detention of youth in the facility.
History: En. Sec. 5, Ch. 799, L. 1991; Sec. 41-5-813, MCA 1995; redes. 41-5-1806 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 18. Custodial Care › 41-5-1807. Responsibility for payment of detention costs

41-5-1807. Responsibility for payment of detention costs.
(1) Absent a contract or agreement between counties and except as provided in subsection (2), all costs for the detention of a youth in a county or regional detention facility, including medical costs incurred by the youth during detention, must be paid by the county at whose instance the youth is detained.
(2) A detention facility providing an educational program for youth held in lawful custody at the facility is eligible to receive education funding calculated as follows:
(a) Before the end of each fiscal year, the facility shall compile the following information by school district:
(i) the number of youth detained in the facility over 9 consecutive days during the prior year; and
(ii) the total number of days the youth in subsection (2)(a)(i) were detained.
(b) The facility shall calculate the school district's obligation for educational services by multiplying the number of youth detained and the total number of days detained as provided in subsection (2) by $20 a day for each youth. The calculation must be sent to the school district no later than June 30. The school district shall transmit the amount calculated to the county treasurer of the county where the facility is located no later than July 15.
(c) The funds are to be used by the county for educational services provided by certified personnel in the detention facility located in the county and is subject to the requirements of Title 7, chapter 6, part 23.
History: En. Sec. 6, Ch. 799, L. 1991; Sec. 41-5-814, MCA 1995; redes. 41-5-1807 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 6, Ch. 536, L. 1999.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 18. Custodial Care › 41-5-1808. Juvenile detention or juvenile corrections officer training

41-5-1808. Juvenile detention or juvenile corrections officer training.
A juvenile detention or juvenile corrections officer shall, in the first year of employment, complete a basic training course as required in 44-4-403. The training must be done under the auspices of the Montana law enforcement academy but does not have to occur at the academy.
History: En. Sec. 1, Ch. 316, L. 2003; amd. Sec. 17, Ch. 506, L. 2007; Sec. 44-4-305, MCA 2005; redes. 41-5-1808 by Sec. 23(3), Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1901. Definitions

41-5-1901. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Attendant care" means the direct supervision of youth by a trained attendant in a physically unrestricting setting.
(2) "Board" means the board of crime control provided for in 2-15-2008.
(3) "County" means a county, city-county consolidated government, or a youth detention region created pursuant to 41-5-1805.
(4) "Home detention" means the use of a youth's home for the purpose of ensuring the continued custody of the youth pending adjudication or final disposition of the youth's case.
(5) "Plan" means a county plan for providing youth detention services as required in 41-5-1903.
(6) "Secure detention" means the detention of youth in a physically restricting facility designed to prevent a youth from departing at will.
(7) "Youth detention service" means service for the detention of youth in facilities separate from adult jails. The term includes the services described in 41-5-1902.
History: En. Sec. 7, Ch. 799, L. 1991; Sec. 41-5-1001, MCA 1995; redes. 41-5-1901 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 1600, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1902. State grants to counties

41-5-1902. State grants to counties.
(1) Within the limits of available funds, the board shall provide grants in accordance with 41-5-1903 through 41-5-1905 to assist counties in establishing and operating youth detention services, including but not limited to youth detention facilities, short-term detention centers, holdovers, attendant care, home detention, and programs for the transportation of youth to regional detention facilities.
(2) Grants available under subsection (1) consist of state appropriations and federal funds received by the board for the purpose of administering 41-5-1901 through 41-5-1905.
History: En. Sec. 8, Ch. 799, L. 1991; Sec. 41-5-1002, MCA 1995; redes. 41-5-1902 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1903. Application for grants -- county plans -- obligation of counties receiving grants -- review and monitoring

41-5-1903. Application for grants -- county plans -- obligation of counties receiving grants -- review and monitoring.
(1) In order to receive funds under 41-5-1902, a county shall submit an application to the board in a manner and form prescribed by the board.
(2) The application must include a written plan for providing youth detention services in the county. Each plan must include:
(a) an assessment of the need for services;
(b) a description of services to be provided, including alternatives to secure detention;
(c) the estimated number of youth who will receive services;
(d) criteria for the placement of youth in secure detention; and
(e) a budget describing proposed expenditures for youth detention services.
(3) If the application and plan are approved by the board, the county may receive a grant in the amount provided for in 41-5-1904.
(4) As a condition of receiving funds under 41-5-1902, each county shall, within a reasonable period of time, comply or substantially comply with state law and policies contained in the Montana Youth Court Act concerning the detention and placement of youth.
(5) The board shall periodically review and monitor counties receiving grants under 41-5-1902 to assure compliance or substantial compliance with the Montana Youth Court Act, as required under subsection (4). If, after notice and fair hearing, the board determines that a county is not in compliance or substantial compliance with the Montana Youth Court Act, the board shall terminate the grant to the county.
History: En. Sec. 9, Ch. 799, L. 1991; Sec. 41-5-1003, MCA 1995; redes. 41-5-1903 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1904. Distribution of grants -- limitation of funding -- restrictions on use

41-5-1904. Distribution of grants -- limitation of funding -- restrictions on use.
(1) The board shall award grants on an equitable basis, giving preference to services that are to be used on a regional basis.
(2) The board shall award grants to eligible counties:
(a) in a block grant in an amount not to exceed 50% of the approved, estimated cost of secure detention; or
(b) on a matching basis in an amount not to exceed:
(i) 75% of the approved cost of providing holdovers, attendant care, and other alternatives to secure detention, except for shelter care. Shelter care costs must be paid as provided by law.
(ii) 50% of the approved cost of programs for the transportation of youth to appropriate detention or shelter care facilities, including regional detention facilities.
(3) Based on funding available after the board has funded block grants under subsection (2), the board shall, in cases of extreme hardship in which the transfer of youth court cases to the adult system has placed considerable financial strain on a county's resources, award grants to eligible counties to fund up to 75% of the actual costs of secure detention of youth awaiting transfer. Hardship cases will be addressed at the end of the fiscal year and will be awarded by the board based upon a consideration of the applicant county's past 3 years' expenditures for youth detention and upon consideration of the particular case or cases that created the hardship expenditure for which the hardship grant is requested.
(4) Grants under 41-5-1902 may not be used to pay for the cost of youth evaluations. The cost of evaluations must be paid as provided for in 41-5-1503.
History: En. Sec. 10, Ch. 799, L. 1991; amd. Sec. 1, Ch. 8, L. 1995; amd. Sec. 50, Ch. 550, L. 1997; Sec. 41-5-1004, MCA 1995; redes. 41-5-1904 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1905. Allocation of grants

41-5-1905. Allocation of grants.
(1) Each fiscal year, the board shall allocate grants under 41-5-1902 for distribution to eligible counties based upon:
(a) the relative population of youth residing in geographical areas of the state, as determined by the board; and
(b) the estimated cost of youth detention services in each county eligible for funding under 41-5-1902.
(2) A county is not automatically entitled to receive a grant from funds available under 41-5-1902.
History: En. Sec. 11, Ch. 799, L. 1991; Sec. 41-5-1005, MCA 1995; redes. 41-5-1905 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1906. Amendment of state plan

41-5-1906. Amendment of state plan.
The board shall amend the state plan required under section 223 of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 U.S.C. 5633), to reflect the contents of approved county plans for providing youth detention services.
History: En. Sec. 12, Ch. 799, L. 1991; Sec. 41-5-1006, MCA 1995; redes. 41-5-1906 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1907. Compliance with federal requirements

41-5-1907. Compliance with federal requirements.
The board shall administer federal funds available under section 222 of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 U.S.C. 5632), in compliance with the requirements of 42 U.S.C. 5633(a)(21) and 42 U.S.C. 5674.
History: En. Sec. 13, Ch. 799, L. 1991; Sec. 41-5-1007, MCA 1995; redes. 41-5-1907 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 19. State Grants for Youth Detention Services › 41-5-1908. Rulemaking authority

41-5-1908. Rulemaking authority.
The board may adopt rules necessary to implement the provisions of 41-5-1805 and 41-5-1901 through 41-5-1908 and to establish requirements for approved holdovers consistent with the definition of holdover provided in 41-5-103.
History: En. Sec. 14, Ch. 799, L. 1991; amd. Sec. 192, Ch. 42, L. 1997; amd. Sec. 51, Ch. 550, L. 1997; Sec. 41-5-1008, MCA 1995; redes. 41-5-1908 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2001. Short title

41-5-2001. Short title.
This part may be cited as the "Juvenile Delinquency Intervention Act".
History: En. Sec. 12, Ch. 587, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2002. Purpose

41-5-2002. Purpose.
The purposes of this part are to:
(1) provide an alternate method of funding juvenile out-of-home placements, programs, and services;
(2) increase the ability of youth courts to respond to juvenile delinquency through early intervention and expanded community alternatives;
(3) enhance the ability of youth courts to control costs;
(4) enhance community safety, hold youth accountable, and promote the competency development of youth;
(5) use local resources for the placement of troubled youth, when appropriate and available;
(6) reduce placements in out-of-state residential facilities and programs; and
(7) use correctional facilities when appropriate.
History: En. Sec. 13, Ch. 587, L. 2001; amd. Sec. 14, Ch. 398, L. 2007; amd. Sec. 19, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2003. Establishment of program -- office of court administrator duties

41-5-2003. Establishment of program -- office of court administrator duties.
(1) There is a juvenile delinquency intervention program. Each judicial district shall participate in the program.
(2) The office of court administrator and the judicial district shall monitor the judicial district's annual allocation provided for in 41-5-130 to ensure that the judicial district does not exceed its allocation.
(3) The office of court administrator shall provide technical assistance to each judicial district for the monitoring of its annual allocation.
(4) The office of court administrator shall assist each youth court in developing placement alternatives and community intervention and prevention programs and services.
(5) (a) Each fiscal year, the office of court administrator may select out-of-home placements, programs, and services to be evaluated for their effectiveness in achieving the purposes provided in 41-5-2002. The cost containment review panel shall provide recommendations to the office on out-of-home placements, programs, and services to be evaluated and on the scope of the evaluation. Before conducting any evaluation, the office shall obtain approval from the district court council established in 3-1-1602.
(b) The office shall report the results of any evaluation conducted under subsection (5)(a) to the department, cost containment review panel, district court council, and biennially to the law and justice interim committee in accordance with 5-11-210.
History: En. Sec. 14, Ch. 587, L. 2001; amd. Sec. 15, Ch. 398, L. 2007; amd. Sec. 1, Ch. 95, L. 2011; amd. Sec. 10, Ch. 143, L. 2015; amd. Sec. 74, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2004. Youth court duties

41-5-2004. Youth court duties.
Each youth court shall:
(1) use available resources to develop alternatives for the placement of youth;
(2) use available resources for early intervention strategies for troubled youth;
(3) use a validated risk assessment instrument approved by the office of court administrator for the measurement of risk and the effectiveness of treatment or intervention services for youth pursuant to 41-5-1512 or 41-5-1513; and
(4) provide the legislative auditor with access to all records maintained by the youth court as otherwise permitted by law.
History: En. Sec. 15, Ch. 587, L. 2001; amd. Sec. 16, Ch. 398, L. 2007; amd. Sec. 11, Ch. 143, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2005. Youth placement committee recommendation to youth court judge -- acceptance or rejection

41-5-2005. Youth placement committee recommendation to youth court judge -- acceptance or rejection.
(1) (a) Prior to commitment of a youth to the legal custody of the youth court under 41-5-1512 or 41-5-1513, a youth placement committee may be established as provided for in 41-5-121. Except as provided in subsection (1)(b), the committee, if established, shall submit in writing to the youth court judge its primary and alternative recommendations for placement of the youth.
(b) An alternative recommendation is unnecessary if the committee's recommendation is placement in a correctional facility.
(2) The committee shall first consider placement of the youth in a community-based facility or program and shall give priority to placement of the youth in a facility or program located in the state of Montana.
(3) If in-state alternatives for placement of the youth are inappropriate, the committee may recommend an out-of-state placement. The committee shall state in its recommendation the reasons why in-state services are not appropriate.
(4) The primary and alternative recommendations of the youth placement committee must be for similar facilities or programs. The youth court may require a youth placement committee to reevaluate a youth if the recommended placements are dissimilar.
(5) If the youth court rejects both of the committee's recommendations, it shall promptly notify the committee in writing of the reasons for rejecting the recommendations and shall make an appropriate placement for the youth.
(6) The youth court may not order a placement or change of placement that results in a deficit in the annual allocation established for that district under 41-5-130 without approval from the office of court administrator.
(7) The youth court shall evaluate the cost of the placement or change of placement and ensure that the placement or change of placement will not overspend the annual allocation provided by the office of court administrator under 41-5-130.
History: En. Sec. 16, Ch. 587, L. 2001; amd. Sec. 17, Ch. 398, L. 2007; amd. Sec. 12, Ch. 143, L. 2015; amd. Sec. 23, Ch. 344, L. 2019; amd. Sec. 20, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2006. Judicial branch policies and procedures

41-5-2006. Judicial branch policies and procedures.
The district court council, established in 3-1-1602, shall adopt policies and procedures, subject to review by the supreme court, necessary for the youth courts, cost containment review panel, and office of court administrator to perform their duties under this chapter, including but not limited to policies and procedures for:
(1) evaluating out-of-home placements, programs, and services as provided in 41-5-2003;
(2) monitoring judicial districts' annual allocations provided for in 41-5-130;
(3) processing payments for out-of-home placements, programs, and services on behalf of the youth court;
(4) determining the amount to be allocated to the cost containment pool as provided for in 41-5-132;
(5) submitting judicial district plans to the office of court administrator for expending allocations from the youth court intervention and prevention account provided for in 41-5-2011;
(6) reviewing judicial district plans by the cost containment review panel and making recommendations to the office of court administrator on plan approval as provided for in 41-5-2012;
(7) monitoring youth courts to promote consistency and uniformity in the placement of juveniles referred to the youth courts; and
(8) providing one or more risk assessment tools to be used by the youth courts.
History: En. Sec. 18, Ch. 587, L. 2001; amd. Sec. 18, Ch. 398, L. 2007; amd. Sec. 13, Ch. 143, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 20. Juvenile Delinquency Intervention Act › 41-5-2011. Youth court intervention and prevention account -- statutory appropriation -- administration

41-5-2011. Youth court intervention and prevention account -- statutory appropriation -- administration.
(1) There is a youth court intervention and prevention account in the state special revenue fund. The office of court administrator shall deposit in the account the following funds:
(a) unexpended funds from the judicial districts' annual allocations as provided for in 41-5-130; and
(b) unexpended funds from the cost containment pool as provided for in 41-5-132.
(2) The youth court intervention and prevention account is statutorily appropriated, as provided in 17-7-502, to the supreme court. The office of court administrator shall administer the account in accordance with 41-5-2012.
History: En. Sec. 1, Ch. 482, L. 2005; amd. Sec. 19, Ch. 398, L. 2007; amd. Sec. 14, Ch. 143, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 25. Criminally Convicted Youth Act › 41-5-2502. Purpose

41-5-2502. Purpose.
The criminally convicted youth act must be interpreted and construed to effectuate the following express legislative purposes:
(1) to protect the public;
(2) to hold youth who commit offenses that may be filed directly in district court pursuant to 41-5-206 accountable for their actions;
(3) to provide for the custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth convicted in district court; and
(4) to comply with the legislative purposes set forth in 41-5-102.
History: En. Sec. 18, Ch. 532, L. 1999.