reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1201. Preliminary inquiry -- referral of youth in need of care

41-5-1201. Preliminary inquiry -- referral of youth in need of care.
(1) Whenever the court receives information from an agency or person, including a parent or guardian of a youth, based upon reasonable grounds, that a youth is or appears to be a delinquent youth or a youth in need of intervention or that the youth is subject to a court order or consent order and has violated the terms of an order, a juvenile probation officer or an assessment officer shall make a preliminary inquiry into the matter.
(2) If the juvenile probation officer or assessment officer determines that the facts indicate that the youth is a youth in need of care, as defined in 41-3-102, the matter must be immediately referred to the department of public health and human services.
History: En. 10-1209 by Sec. 9, Ch. 329, L. 1974; amd. Sec. 2, Ch. 571, L. 1977; R.C.M. 1947, 10-1209; amd. Sec. 4, Ch. 515, L. 1987; amd. Sec. 58, Ch. 609, L. 1987; amd. Sec. 1, Ch. 271, L. 1989; amd. Sec. 193, Ch. 546, L. 1995; amd. Sec. 1, Ch. 185, L. 1997; amd. Secs. 5, 49(3)(f), Ch. 286, L. 1997; Sec. 41-5-301, MCA 1995; redes. 41-5-1201 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 6, Ch. 114, L. 2001; amd. Sec. 64, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1202. Preliminary inquiry -- procedure -- youth assessment

41-5-1202. Preliminary inquiry -- procedure -- youth assessment.
(1) In conducting a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall:
(a) advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States;
(b) determine whether the matter is within the jurisdiction of the court;
(c) determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.
(2) In conducting a preliminary inquiry, the juvenile probation officer or assessment officer may:
(a) require the presence of any person relevant to the inquiry;
(b) request subpoenas from the judge to accomplish this purpose;
(c) require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;
(d) perform a youth assessment pursuant to 41-5-1203.
History: En. Secs. 6, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 78(5)(a), Ch. 550, L. 1997; amd. Sec. 65, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1203. Preliminary inquiry -- youth assessment

41-5-1203. Preliminary inquiry -- youth assessment.
(1) The juvenile probation officer or assessment officer may perform a youth assessment if:
(a) a youth has been referred to the youth court as an alleged youth in need of intervention with a minimum of two misdemeanor offenses or three offenses in the past year that would not be offenses if the youth were an adult;
(b) the youth is alleged to be a youth in need of intervention or a delinquent youth and the youth or the youth's parents or guardian requests the youth assessment and both the youth and the parents or guardian are willing to cooperate with the assessment process; or
(c) the circumstances surrounding a youth who has committed an act that would be a felony if committed by an adult indicate the need for a youth assessment and the safety of the community has been considered in determining where the youth assessment is conducted.
(2) A youth assessment:
(a) must be a multidisciplinary effort that may include, but is not limited to a chemical dependency evaluation of the youth, an educational assessment of the youth, an evaluation to determine if the youth has mental health needs, or an assessment of the need for any family-based services or other services provided by the department of public health and human services or other state and local agencies. The education component of the youth assessment is intended to address attendance, behavior, and performance issues of the youth. The education component is not intended to interfere with the right to attend a nonpublic or home school that complies with 20-5-109.
(b) must include a summary of the family's strengths and needs as they relate to addressing the youth's behavior;
(c) may occur in a youth's home, with or without electronic monitoring, or pursuant to 41-5-343 in a youth assessment center licensed by the department of public health and human services or in any other entity licensed by the department of public health and human services. The county shall provide adequate security in other licensed entities through provision of additional staff or electronic monitoring. The staff provided by the county must meet licensing requirements applicable to the licensed entity in which the youth is being held.
(3) The assessment officer arranging the youth assessment shall work with the parent or guardian of the youth to coordinate the performance of the various parts of the assessment with any providers that may already be working with the family or providers that are chosen by the family to the extent possible to meet the goals of the Youth Court Act.
History: En. Sec. 49(3)(g), Ch. 286, L. 1997; amd. Sec. 78(5)(c), Ch. 550, L. 1997; amd. Sec. 66, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1204. Preliminary inquiry -- determinations -- release

41-5-1204. Preliminary inquiry -- determinations -- release.
Once relevant information is secured after a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall:
(1) determine whether the interest of the public or the youth requires that further action be taken;
(2) terminate the inquiry upon the determination that no further action be taken; and
(3) release the youth immediately upon the determination that the filing of a petition is not authorized.
History: En. Secs. 7, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 67, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1205. Preliminary inquiry -- dispositions available to juvenile probation officer

41-5-1205. Preliminary inquiry -- dispositions available to juvenile probation officer.
Upon determining that further action is required after a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer may:
(1) arrange informal disposition as provided in 41-5-1301; or
(2) refer the matter to the county attorney for filing a petition in youth court charging the youth to be a delinquent youth or a youth in need of intervention or for filing an information in the district court as provided in 41-5-206.
History: En. Secs. 8, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 68, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1206. Investigation, fingerprints, and photographs

41-5-1206. Investigation, fingerprints, and photographs.
(1) All law enforcement investigations relating to a delinquent youth or youth in need of intervention must be conducted in accordance with this chapter and Title 46.
(2) A youth may be fingerprinted or photographed for criminal identification purposes:
(a) if arrested for conduct alleged to be unlawful that would be a felony if committed by an adult;
(b) pursuant to a search warrant, supported by probable cause, issued by a judge, justice of the peace, or magistrate; or
(c) upon the order of the youth court judge, after a petition alleging delinquency has been filed.
(3) Fingerprint records and photographs may be used by the department of justice or any law enforcement agency in the judicial district for comparison and identification purposes in any other investigation.
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(2); amd. Sec. 2, Ch. 484, L. 1981; amd. Sec. 6, Ch. 515, L. 1987; amd. Sec. 1, Ch. 346, L. 1991; amd. Sec. 1, Ch. 603, L. 1993; amd. Sec. 4, Ch. 528, L. 1995; amd. Sec. 22, Ch. 550, L. 1997; Sec. 41-5-304, MCA 1995; redes. 41-5-1206 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 12. Preliminary Investigation › 41-5-1210. Information to be collected by juvenile probation officer or assessment officer

41-5-1210. Information to be collected by juvenile probation officer or assessment officer.
The juvenile probation officer or assessment officer shall collect the following information regarding a youth:
(1) biographical data;
(2) a description of prior and current offenses, including criminal history;
(3) a listing of known or suspected associates;
(4) any gang or drug involvement;
(5) field investigation data;
(6) motor vehicle ownership and offense data, if any;
(7) whether the youth is a suspect in other criminal investigations;
(8) history of any victimization of others by the youth;
(9) the youth's status offense history;
(10) existence of active warrants;
(11) school, employment, and family histories;
(12) social and medical services histories; and
(13) prior conduct in a youth detention or correctional facility, if any.
History: En. Sec. 6, Ch. 532, L. 1999.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 13. Informal Proceeding › 41-5-1301. Informal disposition

41-5-1301. Informal disposition.
After a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer upon determining that further action is required and that referral to the county attorney is not required may:
(1) provide counseling, refer the youth and the youth's family to another agency providing appropriate services, or take any other action or make any informal adjustment that does not involve probation or detention; or
(2) provide for treatment or adjustment involving probation or other disposition authorized under 41-5-1302 through 41-5-1304 if the treatment or adjustment is voluntarily accepted by the youth's parents or guardian and the youth, if the matter is referred immediately to the county attorney for review, and if the juvenile probation officer or assessment officer proceeds no further unless authorized by the county attorney.
History: En. Sec. 9, Ch. 286, L. 1997, and Sec. 78(5)(b), Ch. 550, L. 1997; amd. Sec. 7, Ch. 532, L. 1999; amd. Sec. 69, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 13. Informal Proceeding › 41-5-1303. Communications privileged

41-5-1303. Communications privileged.
An incriminating statement relating to any act or omission constituting delinquency or need of intervention made by the participant to the person giving counsel or advice in the discussions or conferences incident thereto may not be used against the declarant in any proceeding under this chapter, nor may the incriminating statement be admissible in any criminal proceeding against the declarant. This section does not apply to the use of voluntary and reliable statements that are offered for impeachment purposes.
History: En. 10-1210 by Sec. 10, Ch. 329, L. 1974; amd. Sec. 4, Ch. 100, L. 1977; amd. Sec. 3, Ch. 571, L. 1977; R.C.M. 1947, 10-1210(3); amd. Sec. 8, Ch. 515, L. 1987; amd. Sec. 76, Ch. 550, L. 1997; Sec. 41-5-402, MCA 1995; redes. 41-5-1303 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1401. Petition -- county attorney -- procedure -- release from custody

41-5-1401. Petition -- county attorney -- procedure -- release from custody.
(1) The county attorney may apply to the youth court for permission to file a petition charging a youth to be a delinquent youth or a youth in need of intervention. The application must be supported by evidence that the youth court may require. If it appears that there is probable cause to believe that the allegations of the petition are true, the youth court shall grant leave to file the petition.
(2) A petition charging a youth who is held in detention or a youth assessment center must be filed within 7 working days from the date the youth was first taken into custody or the petition must be dismissed and the youth released unless good cause is shown to further detain the youth.
(3) If a petition is not filed under this section, the complainant and victim, if any, must be informed by the juvenile probation officer or assessment officer of the action and the reasons for not filing and must be advised of the right to submit the matter to the county attorney for review. The county attorney, upon receiving a request for review, shall consider the facts, consult with the juvenile probation officer or assessment officer, and make the final decision as to whether a petition is filed.
History: En. Secs. 10, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 72, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1402. Petition -- form and content

41-5-1402. Petition -- form and content.
(1) A petition initiating proceedings under this chapter must be signed by the county attorney, must be entitled "In the Matter of...., a youth", and must set forth with specificity:
(a) the facts necessary to invoke the jurisdiction of the court, together with a statement alleging the youth to be a delinquent youth or a youth in need of intervention;
(b) the charge of an offense, that must:
(i) state the name of the offense;
(ii) cite in customary form the statute, rule, or other provisions of law that the youth is alleged to have violated;
(iii) state the facts constituting the offense in ordinary and concise language and in a manner that enables a person of common understanding to know what is intended; and
(iv) state the time and place of the offense as definitely as possible;
(c) the name, birth date, and residence address of the youth;
(d) the names and residence addresses of the parents, guardian, or spouse of the youth and, if the parents, guardian, or spouse do not reside or cannot be found within the state or if there is none, the adult relative residing nearest to the court;
(e) whether the youth is in detention, a youth assessment center, or shelter care and, if so, the place of detention, assessment, or shelter care and the time that the youth was detained or sheltered;
(f) if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known; and
(g) a list of witnesses to be used in proving the commission of the offense or offenses charged in the petition, together with their residence addresses. The names and addresses of any witnesses discovered after the filing of the petition must be furnished to the youth upon request.
(2) When a county attorney files a delinquency petition alleging that a youth committed an offense that would be a felony if committed by an adult and that is transferable under 41-5-206 or in which a youth 12 years of age or older allegedly used a firearm, the county attorney shall indicate in the petition whether the county attorney designates the proceeding an extended jurisdiction juvenile prosecution. When the county attorney files a delinquency petition alleging that a youth committed any other offense that would be a felony if committed by an adult, the county attorney may request that the court designate the proceeding an extended jurisdiction juvenile prosecution.
History: En. 10-1215 by Sec. 15, Ch. 329, L. 1974; amd. Sec. 7, Ch. 571, L. 1977; R.C.M. 1947, 10-1215; amd. Sec. 5, Ch. 498, L. 1997; amd. Secs. 27, 76, Ch. 550, L. 1997; Sec. 41-5-501, MCA 1995; redes. 41-5-1402 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1403. Summons

41-5-1403. Summons.
(1) After a petition has been filed, summons must be served directly to:
(a) the youth;
(b) the youth's parent or parents having actual custody of the youth or the youth's guardian or custodian, as the case may be; and
(c) other persons as the court may direct.
(2) The summons must:
(a) require the parties to whom it is directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition;
(b) advise the parties of their right to counsel under the Montana Youth Court Act; and
(c) have attached to it a copy of the petition.
(3) The court may endorse upon the summons an order directing the person or persons having the physical custody or control of the youth to bring the youth to the hearing.
(4) If it appears to the court that the youth needs to be placed in detention or shelter care, the judge may endorse on the summons an order directing the officer serving the summons to at once take the youth into custody and to take the youth to the place of detention or shelter care designated by the court, subject to the rights of the youth and parent or person having legal custody of the youth as set forth in the provisions of the Montana Youth Court Act relating to detention and shelter care criteria and postdetention proceedings.
(5) If a youth is placed in detention or shelter care under any provision of this chapter pending an adjudication, the court shall, as soon as practicable, conduct a probable cause hearing as provided in 41-5-332.
(6) The youth court judge may also admit the youth to bail in accordance with Title 46, chapter 9.
History: En. 10-1216 by Sec. 16, Ch. 329, L. 1974; amd. Sec. 8, Ch. 571, L. 1977; R.C.M. 1947, 10-1216; amd. Sec. 10, Ch. 475, L. 1987; amd. Sec. 9, Ch. 515, L. 1987; amd. Sec. 9, Ch. 547, L. 1991; amd. Sec. 25, Ch. 286, L. 1997; Sec. 41-5-502, MCA 1995; redes. 41-5-1403 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1404. Service of summons

41-5-1404. Service of summons.
(1) A youth who is the subject of a proceeding under this chapter must be personally served with summons at least 5 days before the time stated for appearance.
(2) Service of summons on all other persons designated in 41-5-1403(1) must be made in accordance with Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure, except that in all cases, service must be completed at least 5 days before the time stated for appearance.
(3) If a party referred to in subsection (2) is not personally served before a hearing and has not been secluded in an attempt to delay or disrupt any proceeding, the party may appear within a reasonable time subsequent to the hearing and, on motion to the court, request a rehearing. The motion may be granted at the discretion of the judge if a rehearing would be in the best interest of the youth.
(4) The court may authorize payment from county funds of costs of service and necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
(5) An actual abandonment of a youth by the youth's parent or parents constitutes a waiver of summons and notice requirements by the parent or parents. A return endorsed upon the summons showing inability to serve summons constitutes prima facie evidence of actual abandonment.
(6) The youth court may, in the interests of justice, shorten the notice requirements contained in this section, and notice of shortened time must be endorsed on the summons.
(7) A party, other than the youth, may waive service of summons on that party by written stipulation or by voluntary appearance at the hearing. If the youth is present at the hearing, the youth's counsel may waive service of summons on behalf of the youth.
History: En. 10-1217 by Sec. 17, Ch. 329, L. 1974; amd. Sec. 5, Ch. 100, L. 1977; R.C.M. 1947, 10-1217; Sec. 41-5-503, MCA 1995; redes. 41-5-1404 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 1598, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1405. Disqualification of judges

41-5-1405. Disqualification of judges.
The statutes of the state of Montana relating to disqualification of judges in criminal proceedings shall apply to all proceedings under this chapter.
History: En. 10-1223 by Sec. 23, Ch. 329, L. 1974; R.C.M. 1947, 10-1223; amd. Sec. 2, Ch. 515, L. 1987; Sec. 41-5-202, MCA 1995; redes. 41-5-1405 by Sec. 47, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1411. Appointment of guardian ad litem

41-5-1411. Appointment of guardian ad litem.
The court at any stage of a proceeding on a petition under this chapter may appoint a guardian ad litem for a youth if the youth does not have a parent or guardian appearing on the youth's behalf or if the parent's or guardian's interests conflict with those of the youth. A party to the proceeding or an employee or representative of a party may not be appointed as guardian ad litem.
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(4); Sec. 41-5-512, MCA 1995; redes. 41-5-1411 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 1599, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1412. Rights and obligations -- persons to be advised -- contempt

41-5-1412. Rights and obligations -- persons to be advised -- contempt.
(1) A person afforded rights under this chapter must be advised of those rights and any other rights existing under law at the time of the person's first appearance in a proceeding on a petition under the Montana Youth Court Act and at any other time specified in that act or other law.
(2) A person must be advised of obligations, including possible assessments that may arise under this chapter.
(3) A youth's parents or guardians are obligated to assist and support the youth court in implementing the court's orders concerning a youth under youth court jurisdiction, and the parents or guardians are subject to the court's contempt powers if they fail to do so. The youth court personnel shall assist the parents to the extent possible in implementing and enforcing interventions and consequences designed to modify the youth's behavior.
(4) A parent has a right to review the results of a youth assessment and to place a rebuttal, statement, or additional information in the youth's file in youth court.
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(6); amd. Sec. 29, Ch. 550, L. 1997; Sec. 41-5-515, MCA 1995; redes. 41-5-1412 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 9, Ch. 506, L. 2023.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 14. Formal Proceeding -- Procedure › 41-5-1417. Use of restraints on youth -- definition

41-5-1417. Use of restraints on youth -- definition.
(1) (a) A youth under 10 years of age may not be restrained in a proceeding in youth court under any circumstances.
(b) (i) Except as provided in subsections (2) and (3), restraints may not be used on a youth 10 years of age or older during a proceeding in youth court and must be removed prior to the youth's appearance before the court.
(ii) A youth 10 years of age or older may not be restrained to a wall, the floor, another youth, or to furniture during a court proceeding.
(2) (a) The court may authorize the use of restraints on a youth 10 years of age or older during a court proceeding if the court holds a hearing and makes a finding by clear and convincing evidence that the use of restraints is the least restrictive means available and is necessary:
(i) to prevent physical harm to the youth or another person in the courtroom; or
(ii) because of a well-founded belief that the youth is a substantial flight risk.
(b) If an officer of the court or the county attorney recommends the use of restraints on a youth, the officer or attorney shall provide written notice to the court and the youth's attorney of the specific circumstances that support the recommendation. The notice must be included in the record.
(c) The court shall allow the youth's attorney and the officer of the court or county attorney recommending the use of restraints to be heard before the court makes a ruling on the use of restraints.
(3) (a) If the court orders the use of restraints on a youth 10 years of age or older, the court shall make written findings of fact in support of the order, including specific findings supporting the choice of restraints ordered by the court pursuant to subsection (3)(b).
(b) Restraints ordered by the court for use on a youth must properly account for the care, protection, and positive mental and physical development of the youth and must permit the youth to handle documents in a manner that allows the youth to fully engage in court proceedings.
(4) For the purposes of this section, "restraints" means handcuffs, leg shackles, leg irons, belly belts, belly chains, or other restraint devices used to restrict free movement of limbs or appendages, including restraints made of cloth and leather.
History: En. Sec. 1, Ch. 633, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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. 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) Subject to 41-5-1512(1)(m)(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.
(3) An evaluation of a youth may not be performed at the Montana state hospital.
(4) 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. The cost of testing may not be charged to the youth, the youth's parents, or the youth's guardians.
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; amd. Sec. 11, Ch. 506, L. 2023.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 15. Formal Proceeding -- Hearing -- Disposition › 41-5-1511. Dispositional hearing -- contributions by parents or guardians for expenses

41-5-1511. Dispositional hearing -- contributions by parents or guardians for expenses.
(1) As soon as practicable after a youth is found to be a delinquent youth or a youth in need of intervention, the court shall conduct a dispositional hearing. The youth's parents or guardian may not be required to contribute to the cost of adjudication, disposition, supervision, care, commitment, or treatment of the youth.
(2) Before conducting the dispositional hearing, the court shall direct that a youth assessment or predisposition report be made in writing by a juvenile probation officer or an assessment officer concerning the youth, the youth's family, the youth's environment, and other matters relevant to the need for care or rehabilitation or disposition of the case, including a statement by the victim or the victim's family. The youth court may have the youth examined, and the results of the examination must be made available to the court as part of the youth assessment or predisposition report. The court may order the examination of a parent or guardian whose ability to care for or supervise a youth is at issue before the court. The results of the examination must be included in the youth assessment or predisposition report. The youth or the youth's parents, guardian, or counsel has the right to subpoena all persons who have prepared any portion of the youth assessment or predisposition report and has the right to cross-examine the parties at the dispositional hearing.
(3) Defense counsel must be furnished with a copy of the youth assessment or predisposition report and psychological report prior to the dispositional hearing.
(4) The dispositional hearing must be conducted in the manner set forth in 41-5-1502(5) through (7). The court shall hear all evidence relevant to a proper disposition of the case best serving the interests of the youth, the victim, and the public. The evidence must include but is not limited to the youth assessment and predisposition report provided for in subsection (2) of this section.
(5) If the court finds that it is in the best interest of the youth, the youth, the youth's parents or guardian, or the public may be temporarily excluded from the hearing during the taking of evidence on the issues of need for treatment and rehabilitation.
History: En. 10-1221 by Sec. 21, Ch. 329, L. 1974; R.C.M. 1947, 10-1221; amd. Sec. 4, Ch. 246, L. 1979; amd. Sec. 9, Ch. 567, L. 1979; amd. Sec. 5, Ch. 484, L. 1981; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 10, Ch. 515, L. 1987; amd. Sec. 61, Ch. 609, L. 1987; amd. Sec. 10, Ch. 696, L. 1991; amd. Sec. 8, Ch. 528, L. 1995; amd. Sec. 27, Ch. 286, L. 1997; amd. Sec. 31, Ch. 550, L. 1997; Sec. 41-5-522, MCA 1995; redes. 41-5-1511 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 75, Ch. 2, L. 2009; amd. Sec. 12, Ch. 506, L. 2023.
2023 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, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation.
(3) (a) If, after a hearing held in accordance with 41-5-1432, the court finds that the youth made a good faith effort yet was unable to pay restitution in full, the court shall relieve the individual of the requirement, and the balance will be void and uncollectable.
(b) If the court finds that a good faith effort was not made to pay restitution as ordered, the youth shall remain under the court's jurisdiction as provided in 41-5-208 until the age of 25. At the expiration of the court's jurisdiction, the balance of outstanding restitution is void and uncollectable.
(c) A youth under obligation to pay restitution may petition the court at any time for modification of the restitution order.
History: En. Sec. 32, Ch. 550, L. 1997; amd. Sec. 76, Ch. 550, L. 1997; amd. Sec. 3, Ch. 199, L. 2023.