MontanaHB 33269th Legislature, Regular Session (2025)House

Generally revise youth court laws

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 1 costs, 4 mixed.

Revoked youth stay moves case to adult court

If a youth violates a stayed sentence or is alleged to commit a new offense, the court can take custody and hold a revocation hearing. If the court proves a violation and executes the sentence, the case moves to district court. The youth loses extended‑jurisdiction juvenile status, youth‑court jurisdiction ends, and the department takes over supervision.

Adult probation after 18, with court checks

After a youth‑court case, the court can move supervision to adult probation any time after age 18 and before 21. Before any transfer, the court must give at least 10 days’ written notice and hold a hearing where the youth can have a lawyer, present evidence, cross‑examine witnesses, and get written reasons. A youth may sign a written waiver that makes the case and supervision move to adult court at age 18 and states the supervision age, up to 25. If the youth was incarcerated at transfer, the court can order adult prison, boot camp, or a prerelease center after 18 as the law allows, or place the youth under department supervision. After transfer, the court may not place a youth in an adult prison unless there is a felony adjudication. Court control of the case ends at age 25.

Consent decrees: short detention, strict waivers

With a filed petition, the court may pause the case and enter a consent decree if the youth admits guilt, accepts responsibility, and knowingly waives a jury trial (and counsel if unrepresented). A youth under a consent decree can be held up to 10 days in detention on a space‑available basis, and the county must pay for that time. If the youth finishes supervision or is discharged without the petition being reinstated, the case is dismissed with prejudice and cannot be filed again for the same offense. This does not prevent civil lawsuits for damages.

More serious youth cases in adult court

County attorneys can ask to charge youths age 12 or older in district (adult) court for listed serious crimes. If the youth was 17 at the time, the county attorney must seek adult filing. Filing in district court ends youth court control for those charges. The judge must hold a hearing within 30 days and can return the case to youth court only if youth court protects the community, the offense does not need adult prosecution, and return is in the youth’s best interests. Prosecutors can add other crimes from the same incident to the district court case. Sentencing follows the named statutes if a listed crime is proven; if only nonlisted crimes remain, sentencing uses youth‑court law.

Tighter rules for consent adjustments

A probation or assessment officer may resolve a case without filing a petition when the facts fit youth court, the youth and family are told about the right to a lawyer, and informal help is in the youth’s best interests. The agreement must be written and signed by the youth, the youth’s lawyer if any, and a parent or custodian; a judge must approve it when a felony is alleged or the youth is or will be detained. Repeat use is limited for second or later offenses within three years unless both the county attorney and judge give written approval. If the youth breaks the terms, the county attorney can file charges or ask to revoke the agreement, and the court can adjudicate the case.

Stricter rules for jailing youths with adults

A youth held in an adult jail must be fully separated from adults, and the judge must first find in writing that adult detention is in the interest of justice. The court reviews that detention at least every 30 days and must hold a review before 180 days to extend it, unless the youth waives the rule. Youths under 16 cannot be confined in a state prison. If a youth is sent to the department or a state prison, the department must place the youth in an appropriate facility and provide education that meets IDEA for school‑aged youths with disabilities.

Sponsors & Cosponsors

Sponsor

Stacy Zinn
Republican • House

Cosponsors

Sue Vinton
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 196 • No: 99

House vote • 4/11/2025

Do Concur

Yes: 30 • No: 18

House vote • 4/10/2025

Do Concur

Yes: 27 • No: 21

House vote • 2/19/2025

Do Pass

Yes: 66 • No: 34

House vote • 2/18/2025