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MontanaHB 33269th Legislature, Regular Session (2025)House

Generally revise youth court laws

Sponsored By: Bill Mercer (Republican)

Signed by Governor

CourtsFamily LawMinorsCriminal Procedure

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Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

After 18, cases move to adult court

After a youth turns 18, some cases shift from youth court to district court and from juvenile to adult probation. A judge can order this transfer on a motion made any time after 18 and before 21 for certain cases already sentenced in district court and not handled as extended‑jurisdiction juvenile cases. For other eligible cases, jurisdiction and supervision move automatically at age 18. A written waiver can skip hearings, but it must explain the right to a lawyer and state how long adult probation lasts, up to age 25. The youth cannot be sent to a state adult prison unless everyone agrees. District court jurisdiction ends when the youth turns 25. If a stayed sentence is revoked and put into effect, the case moves to district court, juvenile status ends, and the department supervises; the court must give credit for any time already served.

Which youth cases go to adult court

The law expands when prosecutors can seek to file a youth’s case in district (adult) court. At age 12 or older, certain serious sex and homicide crimes qualify. At age 16 or older, more violent and serious crimes qualify, such as aggravated assault, robbery, arson, kidnapping, drug production or distribution, and sex trafficking. If the youth was 17 when a listed offense happened, the prosecutor must ask the district court to take the case. Prosecutors can also add other charges from the same incident. If any listed offense is convicted, adult sentencing rules apply; if all listed offenses are cleared, juvenile sentencing applies. Before trial, the prosecutor can move the case back to youth court for good cause.

Youth consent decrees with rights and limits

A consent decree is a written agreement that delays a delinquency finding and puts the youth on supervised terms. Before entering one, officers must tell the youth and family about the right to a lawyer. The court may accept a decree only if the youth admits the offense and waives a jury, and the judge confirms any waiver is knowing and voluntary. If the youth or lawyer objects, the case goes to adjudication instead. Prosecutors, defense, probation, and other needed parties can agree to a decree; judges must approve when a felony is alleged or the youth is detained, and all parties must sign. A youth under a decree can be held up to 10 days in detention if space allows; the county pays and cannot be reimbursed. If a decree lasts over 6 months, probation files a report every 6 months for court review. Decrees are limited for repeat offenses unless the prosecutor recommends and the judge accepts. If terms are broken, the prosecutor can seek revocation or delinquency charges; probation may extend a decree before revocation is filed. If the youth finishes or is discharged without a revocation filed, the case is dismissed with prejudice and cannot be brought again for that offense.

Safer rules for youth in adult jails

A youth can be held in an adult jail only with sight‑and‑sound separation from adults and a judge’s written findings after a hearing. The court reviews the detention at least every 30 days. The court must hold another hearing before 180 days to extend the stay for good cause, unless the youth knowingly waives that limit. The judge must consider the youth’s age, maturity, mental state, offense, history, and the facility’s safety and services.

Sponsors & Cosponsors

Sponsor

  • Bill Mercer

    Republican • House

Cosponsors

  • Sue Vinton

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 199 • No: 99

Senate vote • 4/11/2025

Do Concur

Yes: 30 • No: 18

Senate vote • 4/10/2025

Do Concur

Yes: 29 • No: 21

House vote • 2/19/2025

Do Pass

Yes: 66 • No: 34

House vote • 2/18/2025

Do Pass

Yes: 74 • No: 26

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025House

  2. Signed by Governor

    5/5/2025House

  3. Transmitted to Governor

    4/25/2025House

  4. Signed by President

    4/25/2025Senate

  5. Signed by Speaker

    4/23/2025House

  6. Returned from Enrolling

    4/16/2025House

  7. Sent to Enrolling

    4/11/2025House

  8. 3rd Reading

    4/11/2025Senate

  9. 2nd Reading

    4/10/2025Senate

  10. Committee Report

    4/3/2025Senate

  11. Committee Executive Action

    4/3/2025Senate

  12. Hearing

    3/28/2025Senate

  13. Referred to Committee

    3/1/2025Senate

  14. 1st Reading

    2/20/2025Senate

  15. Transmitted to Senate

    2/19/2025House

  16. 3rd Reading

    2/19/2025House

  17. 2nd Reading

    2/18/2025House

  18. Committee Report

    2/12/2025House

  19. Committee Executive Action

    2/12/2025House

  20. Committee Executive Action

    2/12/2025House

  21. Hearing

    2/4/2025House

  22. Fiscal Note Printed

    2/3/2025House

  23. Fiscal Note Signed

    2/3/2025House

  24. Fiscal Note Received

    2/3/2025House

  25. 1st Reading

    1/29/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    1/28/2025

    PDF

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