Title 41, Title 41

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 re…

(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 pl…

(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,…

This part may be cited as the "Extended Jurisdiction Prosecution Act".

(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 prosecu…

(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…

(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 woul…

(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…

(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 …

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.

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 rec…

(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 prob…

(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…

(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…

(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…

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.

(1) Each county shall provide services for the detention of youth in facilities separate from adult jails. The term "services" includes an educational program for youth in need of that service. (2) In order to fulfill its responsibility under subsection (1), a county may: (a) est…

(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, renova…

(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 th…

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.

(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 ins…

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.

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…

(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…

(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 asse…

(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 dete…

(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 serv…

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.

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.

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.

This part may be cited as the "Juvenile Delinquency Intervention Act".

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) en…

(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 j…

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 f…

(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…

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…

(1) Each judicial district in the state must have at least one judge of the youth court whose duties are to: (a) appoint and supervise qualified personnel to staff the youth division probation departments within the judicial district; (b) conduct hearings on youth court proceedin…

(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; …

(1) (a) At the beginning of each fiscal year, the office of court administrator shall allocate from the youth court intervention and prevention account to each judicial district an amount equal to the unexpended funds from the judicial district's annual allocation for the previou…

(1) Except as provided in subsection (2) and for cases filed in the district court under 41-5-206, the court has exclusive original jurisdiction of all proceedings under the Montana Youth Court Act in which a youth is alleged to be a delinquent youth or a youth in need of interve…

(1) The county where a youth is a resident or is alleged to have violated the law has initial jurisdiction over any youth alleged to be a delinquent youth. Except as provided in 41-5-206, the youth court shall assume the initial handling of the case. (2) The county where a youth …

(1) The court may dismiss a petition or otherwise terminate jurisdiction on its own motion or on the motion or petition of any interested party at any time. Unless terminated by the court and except as provided in subsections (2) through (4), the jurisdiction of the court continu…

(1) The county attorney may, in the county attorney's discretion and in accordance with the procedure provided in 46-11-201, file with the district court a motion for leave to file an information in the district court if: (a) the youth charged was 12 years of age or older at the …

(1) (a) After adjudication by the court of a case that was not sentenced to district court pursuant to 41-5-206 and that was not prosecuted as an extended jurisdiction juvenile prosecution under part 16 of this chapter, the court may, on the youth's motion or the motion of the co…

(1) Formal youth court records, including reports of preliminary inquiries, petitions, motions, other filed pleadings, court findings, verdicts, and orders and decrees on file with the clerk of court, are public records and are open to public inspection until the records are seal…

(1) Formal and informal youth court records, law enforcement records, and department records that are not exempt from sealing under subsections (4) and (6) and that pertain to a youth covered by this chapter must be physically sealed on the youth's 18th birthday. In those cases i…