Title 41, Title 41

(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…

(1) (a) The department and the youth court are required to adopt appropriate control methods to ensure adequate integrity, security, and confidentiality of any electronic records of a youth generated or maintained in any management information system. (b) The office of the court …

A person who discloses or accesses a formal youth court record, an informal youth court record, or a department record in violation of 41-5-215 or 41-5-216 is guilty of a misdemeanor and shall be fined $500.

This part may be cited as the "Criminally Convicted Youth Act".

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 …

(1) The district court, in sentencing a youth adjudicated in district court pursuant to 41-5-206, shall: (a) impose any sentence allowed by the statute that established the penalty for the offense of which the youth is convicted as if the youth were an adult and any conditions or…

(1) When a youth has been convicted as an adult pursuant to the provisions of 41-5-206, except for offenses punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the county attorney, defense attorney, or youth may, at any time before the youth…

(1) A youth may be taken into custody under the following circumstances: (a) by a law enforcement officer pursuant to a lawful order or process of any court; (b) by a law enforcement officer pursuant to a lawful arrest for violation of the law; (c) by a juvenile home arrest offic…

(1) Whenever a peace officer believes, on reasonable grounds, that a youth can be released to a responsible person, the peace officer may release the youth to that person upon receiving a written promise from the person to bring the youth before the juvenile probation officer at …

A youth placed in detention or shelter care may be released on bail. The court shall use the provisions of Title 46, chapter 9, as guidance. In determining the amount of bail, the court shall consider the financial ability of the youth and the parents or legal custodian of the yo…

(1) When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met: (a) The youth must be advised of the youth's right…

(1) When a youth is taken into custody, a hearing to determine whether there is probable cause to believe the youth is a delinquent youth or a youth in need of intervention must be held within 24 hours, excluding weekends and legal holidays. A hearing is not required if the youth…

(1) At a probable cause hearing held pursuant to 41-5-332, the youth must be informed of the youth's constitutional rights and the youth's rights under this chapter. (2) A youth must be represented by counsel at a probable cause hearing unless the right to counsel is waived after…

(1) If, at a probable cause hearing held pursuant to 41-5-332, it is determined that there is probable cause to believe that the youth is a delinquent youth or a youth in need of intervention, the court having jurisdiction in the case shall determine whether the youth should be r…

A youth may be placed in a secure detention facility only if the youth: (1) has allegedly committed an act that if committed by an adult would constitute a criminal offense and the alleged offense is one specified in 41-5-206; (2) is alleged to be a delinquent youth and: (a) has …

A youth may be placed in a shelter care facility only if: (1) the youth and the youth's family need shelter care to address their problematic situation and it is not possible for the youth to remain at home; (2) the youth needs to be protected from physical or emotional harm; (3)…

A youth may be placed in a youth assessment center only if: (1) the youth meets the requirements for placement in shelter care; (2) the youth has not committed an act that would be a felony offense if committed by an adult; (3) the youth needs an alternative, staff-secured site f…

(1) After a probable cause hearing provided for in 41-5-332, a youth alleged to be a youth in need of intervention may be placed only in shelter care, as provided in 41-5-347. (2) A youth alleged or found to be a youth in need of intervention may not be placed in a jail, secure d…

After a probable cause hearing provided for in 41-5-332, a youth alleged to be a delinquent youth may be placed only: (1) in shelter care, in the facilities described in 41-5-347; (2) under home arrest as provided in 41-5-347; (3) in detention, as provided in 41-5-348; or (4) in …

Placement in shelter care means placement in one of the following: (1) in a licensed youth care facility as defined in 52-2-602; or (2) under home arrest, with or without a monitoring device, as provided in Title 46, chapter 18, part 10, either in the youth's own home or in a fac…

Placement in detention means placement in one of the following facilities: (1) a short-term detention center; (2) a youth detention facility, including a regional detention facility; or (3) a secure detention facility outside the state or operated by an Indian tribe that is under…

(1) A youth may not be detained or otherwise placed in a jail or other adult detention facility except as provided in 41-5-206 and this section. (2) A youth who has allegedly committed an offense that if committed by an adult would constitute a criminal offense may be temporarily…

(1) Nothing in this chapter precludes the detention of youth in a police station or other law enforcement facility that is attached to or part of a jail if: (a) the area where the youth is held is an unlocked, multipurpose area, such as a lobby, office, interrogation room, or oth…

(1) The department shall determine the capacity of correctional facilities. (2) The department may place delinquent youth committed to a correctional facility or criminally convicted youth based on the needs of the youth. (3) The department may enter into contracts with the feder…

Combined with 41-3-405, renumbered 41-3-1123. Sec. 31, Ch. 465, L. 1983.

Combined with 41-3-407, renumbered 41-3-1124. Sec. 31, Ch. 465, L. 1983.

The Interstate Compact on Juveniles is enacted into law and entered into by this state with all other jurisdictions legally joining in the compact in the form substantially as follows: The contracting states solemnly agree that: Article I. Purpose (1) The compacting states to thi…

Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact…

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facili…

The compact administrator, subject to the approval of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.

In addition to any procedure provided in Articles IV and VI of the compact for the return of a runaway juvenile, the particular states, the juvenile or the juvenile's parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legal…

Section 41-7-102 and this section may be cited as the "Montana Family Policy Act".

(1) It is the policy of the state of Montana to support and preserve the family as the single most powerful influence for ensuring the healthy social development and mental and physical well-being of Montana's children. (2) The following principles must guide the actions of state…