Senate Bill No. 48

Introduced By sprague

By Request of the Juvenile Justice and Mental Health Study Commission



A Bill for an Act entitled: An Act generally revising the Youth Court Act; replacing the category of "youth in need of supervision" with "youth in need of intervention"; including schools under confidentiality disclosure exceptions for department of public health and human services records; creating youth assessment centers, youth assessments, and assessment officers to evaluate the strengths and needs of a youth brought to the attention of youth court; requiring the department of public health and human services to license youth assessment centers; defining "habitual truancy", "running away from home", "victim", "youth in need of intervention", and other terms; changing the term "aftercare" to "parole"; allowing short-term detention for up to 10 days; allowing the appointment of judges pro tempore or special masters for youth court preliminary matters; allowing a county attorney to make a motion for leave to file an information directly in district court for certain youth offenses; requiring a county attorney to make a motion for a leave to file an information directly into district court for a youth 17 years of age who commits an offense listed under 41-5-206; adding accountability as an offense that can be filed in district court; adding assessment centers for placements prior to adjudication and for disposition; allowing fingerprints or photographs of any youth for which a petition alleging delinquency has been filed; providing criteria for an assessment; providing for specific information gathering by juvenile probation officers; providing the types of placements allowed for assessment; generally reorganizing disposition statutes; allowing commitment to the department of corrections as a disposition for delinquent youth; generally reorganizing parental contributions statutes; allowing mediation as a disposition; limiting the use of a consent adjustment and a consent decree to a single felony each and for three or more misdemeanors; providing graduated sanctions; providing additional sanctions; adding provisions that youth may be held responsible for contributing to the costs of adjudication, disposition, supervision, and medical costs or victim's counseling and damages; allowing detention for up to 3 days for a consent adjustment; providing that persons be advised of certain rights and obligations under the act; clarifying jury trial provisions; allowing detention for a consent decree for up to 10 days; requiring that a youth must admit guilt for charges of an offense in order for a case to be disposed of by a consent decree; adding a provision that school representatives on youth placement committees and auxiliary teams be persons with personal knowledge of the child; allowing shelter care facilities to be alternative education sites; clarifying the ability of school districts to share information according to federal law; amending the maximum age of commitment to the department of corrections to youth under 18 years of age; allowing publication of information on certain youth for purposes of returning a youth to a facility and for public safety; allowing detention for youth who escape from department of corrections facilities or programs; amending the parole violation hearings and appeal process; authorizing the department of corrections to operate a pilot program and to develop recommendations for allocation of appropriations among judicial districts; amending sections 7-6-501, 20-5-321, 20-7-422, 23-5-158, 41-3-205, 41-3-1101, 41-3-1102, 41-3-1103, 41-3-1104, 41-3-1114, 41-3-1122, 41-3-1132, 41-5-103, 41-5-201, 41-5-203, 41-5-204, 41-5-205, 41-5-206, 41-5-208, 41-5-301, 41-5-303, 41-5-304, 41-5-305, 41-5-306, 41-5-401, 41-5-403, 41-5-501, 41-5-511, 41-5-515, 41-5-521, 41-5-522, 41-5-523, 41-5-524, 41-5-525, 41-5-530, 41-5-533, 41-5-603, 41-5-605, 41-5-703, 41-5-802, 41-5-1004, 41-5-1008, 41-5-1104, 41-5-1105, 45-5-624, 45-5-637, 46-18-256, 46-24-207, 52-2-211, 52-5-101, 52-5-102, 52-5-103, 52-5-107, 52-5-111, 52-5-113, 52-5-126, 52-5-127, 52-5-128, 52-5-129, 53-1-201, 53-1-203, AND 53-21-506, MCA; repealing section 41-5-310, MCA; and providing an effective date AND A TERMINATION DATE.



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 7-6-501, MCA, is amended to read:

"7-6-501.   Definitions. As used in 7-6-502 and this section, unless the context requires otherwise, the following definitions apply:

(1)  "Detention" means the holding or temporary placement of a youth in a facility other than the youth's own home for the purpose of ensuring the continued custody of the youth at any time after the youth is taken into custody and before final disposition of his the youth's case.

(2)  "Juvenile detention program" means services to provide for the lawful detention or shelter care of youth. The term includes:

(a)  youth evaluations ordered by the court under 41-5-523; and

(b)  programs for the transportation of youth to appropriate detention facilities or shelter care facilities.

(3)  "Local government" has the same meaning as provided in 7-12-1103.

(4)  "Shelter care" has the same meaning as provided in 41-5-103.

(5)  "Youth" means an individual who is less than 18 years of age who is alleged to be a delinquent youth or youth in need of supervision intervention as those terms are defined in 41-5-103."



Section 2.  Section 20-5-321, MCA, is amended to read:

"20-5-321.   Attendance with mandatory approval -- tuition and transportation. (1) An out-of-district attendance agreement that allows a child to enroll in and attend a school in a Montana school district that is outside of the child's district of residence or in a public school district of a state or province that is adjacent to the county of the child's residence is mandatory whenever:

(a)  the child resides closer to the school that the child wishes to attend and more than 3 miles from the school the child would attend in the resident district and:

(i)  the resident district does not provide transportation; or

(ii) the district of residence provides transportation and is not within the same county as the child's school district of choice;

(b)  the child resides in a location where, due to road or geographic conditions, it is impractical to attend the school nearest the child's residence;

(c)  the child is a member of a family that is required to send another child outside of the elementary district to attend high school and the child of elementary age may more conveniently attend an elementary school where the high school is located, provided that the child resides more than 3 miles from an elementary school in the resident district or that the parent is required to move to the elementary district where the high school is located to enroll another child in high school;

(d)  the child has been adjudicated by a court of competent jurisdiction to be an abused or neglected child, as defined in 41-3-102, or a youth in need of supervision intervention or a delinquent youth, as defined in 41-5-103, and has been placed in a licensed youth care facility that is approved by the department of public health and human services and, as a result of the placement, is required to attend school outside of the child's district of residence; or

(e)  the child is required to attend school outside of the district of residence as the result of a placement by a state agency or parent in a group home licensed by the state or an order of a court of competent jurisdiction.

(2)  (a) Whenever a parent or guardian of a child, an agency of the state, or a court wishes to have a child attend a school under the provisions of this section, the parent or guardian, agency, or court shall complete an out-of-district attendance agreement in consultation with an appropriate official of the district the child will attend.

(b)  The attendance agreement must set forth the financial obligations, if any, for costs incurred for tuition and transportation as provided in 20-5-323 and Title 20, chapter 10.

(c)  The trustees of the district of choice may waive any or all of the tuition rate, but any waiver must be applied equally to all students.

(3)  Except as provided in subsection (4), the trustees of the resident district and the trustees of the district of choice shall approve the out-of-district attendance agreement and notify the county superintendent of schools of the county of the child's residence of the approval of the agreement within 10 days. The county superintendent shall approve the agreement for payment under 20-5-324(5).

(4)  Unless the child is a child with disabilities who resides in the district, the trustees of the district where the school to be attended is located may disapprove an out-of-district attendance agreement whenever they find that, due to insufficient room and overcrowding, the accreditation of the school would be adversely affected by the acceptance of the child."



Section 3.  Section 20-7-422, MCA, is amended to read:

"20-7-422.   Out-of-state placement of children with disabilities -- payment of costs. (1) In accordance with a placement made by persons determining an individualized education program for a child with disabilities, the trustees of a district may arrange for the attendance of the child in a special education program offered outside of the state of Montana.

(2)  Except as provided in subsection (3), when the persons determining the individualized education program of a child with disabilities who is in need of special education recommend placement in an out-of-state private residential facility, the trustees of the district of residence shall negotiate the amount and manner of payment of all costs associated with the placement.

(3)  Whenever a child with disabilities who is in need of special education and related services is adjudicated by a court of competent jurisdiction to be an abused or neglected child, as defined in 41-3-102, or a youth in need of supervision intervention or delinquent youth, as defined in 41-5-103, and is placed by a state agency in an out-of-state private residential facility, the superintendent of public instruction shall negotiate with:

(a)  the provider for the amount and manner of payment of education fees consistent with the individualized education program determined for the child under the provisions of 20-7-402; and

(b)  the state agency that makes the placement for the portion of the placement costs that represents the child's education program.

(4)  Payments for a child with disabilities as negotiated in subsection (3) must be paid by the superintendent of public instruction from the state special education appropriation."



Section 4.  Section 23-5-158, MCA, is amended to read:

"23-5-158.   Minors not to participate -- penalty -- exception. (1) Except as provided in subsection (3), a person may not purposely or knowingly allow a person under 18 years of age to participate in a gambling activity. A person who violates this subsection is guilty of a misdemeanor and must be punished in accordance with 23-5-161.

(2)  Except as provided in subsection (3), a person under 18 years of age may not purposely or knowingly participate in a gambling activity. A person who violates this subsection is subject to a civil penalty not to exceed $50 if the proceedings for violating this subsection are held in justice's, municipal, or city court. If the proceedings are held in youth court, the offender must be treated as an alleged youth in need of supervision intervention, as defined in 41-5-103. The youth court may enter its judgment under 41-5-523.

(3)  A person under 18 years of age may sell or buy tickets for or receive prizes from a raffle conducted in compliance with 23-5-413 if proceeds from the raffle, minus administrative expenses and prizes paid, are used to support charitable activities, scholarships or educational grants, or community service projects."



Section 5.  Section 41-3-205, MCA, is amended to read:

"41-3-205.   Confidentiality -- disclosure exceptions. (1) The case records of the department of public health and human services and its local affiliate, the county welfare department, the county attorney, and the court concerning actions taken under this chapter and all records concerning reports of child abuse and neglect must be kept confidential except as provided by this section. Except as provided in subsections (4) and (5), a person who permits or encourages the unauthorized dissemination of the contents of case records is guilty of a misdemeanor.

(2)  Records may be disclosed to a court for in camera inspection if relevant to an issue before it. The court may permit public disclosure if it finds disclosure to be necessary for the fair resolution of an issue before it.

(3)  Records may also be disclosed to the following persons or entities in this state and any other state or country:

(a)  a department, agency, or organization, including a federal agency, military enclave, or Indian tribal organization, that is legally authorized to receive, inspect, or investigate reports of child abuse or neglect and that otherwise meets the disclosure criteria contained in this section;

(b)  a licensed youth care facility or a licensed child-placing agency that is providing services to the family or child who is the subject of a report in the records;

(c)  a health or mental health professional who is treating the family or child who is the subject of a report in the records;

(d)  a parent, guardian, or person designated by a parent or guardian of the child who is the subject of a report in the records or other person responsible for the child's welfare, without disclosure of the identity of any person who reported or provided information on the alleged child abuse or neglect incident contained in the records;

(e)  a child named in the records who was allegedly abused or neglected or the child's legal guardian or legal representative, including the child's guardian ad litem or attorney or a special advocate appointed by the court to represent a child in a pending case;

(f)  the state protection and advocacy program as authorized by 42 U.S.C. 6042(a)(2)(B);

(g)  approved foster and adoptive parents who are or will be providing care for a child;

(h)  a person about whom a report has been made and that person's attorney, with respect to the relevant records pertaining to that person only and without disclosing the identity of the reporter or any other person whose safety may be endangered;

(i)  an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of child abuse or neglect;

(j)  a person, agency, or organization that is engaged in a bona fide research or evaluation project and that is authorized by the department to conduct the research or evaluation;

(k)  the members of an interdisciplinary child protective team authorized under 41-3-108 for the purposes of assessing the needs of the child and family, formulating a treatment plan, and monitoring the plan;

(l) the coroner or medical examiner when determining the cause of death of a child;

(m)  a child fatality review team recognized by the department;

(n)  a department or agency investigating an applicant for a license or registration that is required to operate a youth care facility, day-care facility, or child-placing agency;

(o)  a person or entity who is carrying out background, employment-related, or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with children through employment or volunteer activities. A request for information under this subsection (3)(o) must be made in writing. Disclosure under this subsection (3)(o) is limited to information that indicates a risk to children posed by the person about whom the information is sought, as determined by the department.

(p)  the news media if disclosure is limited to confirmation of factual information regarding how the case was handled and if disclosure does not violate the privacy rights of the child or the child's parent or guardian as determined by the department;

(q)  an employee of the department or other state agency if disclosure of the records is necessary for administration of programs designed to benefit the child;

(r)  an agency of an Indian tribe or the relatives of an Indian child if disclosure of the records is necessary to meet requirements of the federal Indian Child Welfare Act;

(s)  a youth probation officer who is working in an official capacity with the child who is the subject of a report in the records;

(t)  a county attorney, peace officer, or attorney who is hired by or represents the department, if disclosure is necessary for the investigation, defense, or prosecution of a case involving child abuse or neglect;

(u)  a foster care review committee established under 41-3-1115 or, when applicable, a local citizen review board established under Title 41, chapter 3, part 10;

(v)  a school employee participating in an interview of a child by a social worker, county attorney, or peace officer as provided in 41-3-202;

(w)  a member of a county interdisciplinary child information team formed under the provisions of 52-2-211;

(x)  members of a local interagency staffing group provided for in 52-2-203; or

(y)  a member of a youth placement committee formed under the provisions of 41-5-525; or

(z) a principal of a school or other employee of the school district authorized by the trustees of the district to receive the information with respect to a student of the district who is a client of the department.

(4)  A person who is authorized to receive records under this section shall maintain the confidentiality of the records and may not disclose information in the records to anyone other than the persons described in subsection (3)(a). However, this subsection may not be construed to compel a family member to keep the proceedings confidential.

(5)  A news organization or its employee, including a freelance writer or reporter, is not liable for reporting facts or statements made by an immediate family member under subsection (4) if the news organization, employee, writer, or reporter maintains the confidentiality of the child who is the subject of the proceeding.

(6)  This section is not intended to affect the confidentiality of criminal court records or records of law enforcement agencies."



Section 6.  Section 41-3-1101, MCA, is amended to read:

"41-3-1101.   Establishment of substitute care for youth. The legislature, in recognition of the wide and varied needs of youth in need of care, delinquent youth, and youth in need of supervision intervention of this state and of the desirability of meeting these needs on a community level to the fullest extent possible, establishes by this part a system of substitute care to provide facilities and services for youth placed out of their homes and establishes a program to provide those facilities and services through local nonprofit corporations, counties, and the department of public health and human services."



Section 7.  Section 41-3-1102, MCA, is amended to read:

"41-3-1102.   Definitions. For the purposes of this part, the following definitions apply:

(1)  "Child-care agency" means a youth care facility in which substitute care is provided to 13 or more children or youth.

(2)  "Department" means the department of public health and human services provided for in 2-15-2201.

(3)  "Foster child" means a person under 18 years of age who has been placed by the department in a licensed youth foster home.

(4)  "Operator of a youth care facility" means a person owning or operating a youth care facility into which the operator takes any child or children for the purpose of caring for them and maintaining them and for which care and maintenance the operator receives money or other consideration of value and which child is neither not the operator's son, daughter, nor or ward, except that this part does not apply when any person accepts the care and custody of a child on a temporary basis and simply as a temporary accommodation for the parent or parents, guardian, or relative of the child.

(5)  "Person" means any individual, partnership, voluntary association, or corporation.

(6)  "Respite care" means the provision of temporary, short-term supervision or care of a foster child, in an emergency or on an intermittent basis, to provide foster parents relief from the daily care requirements of a foster child whose mental or physical condition requires special or intensive supervision or care. Respite care includes but is not limited to homemaker services, child care, and emergency care either in the home or out of the home.

(7)  "Respite care provider" means a person who meets the qualifications and requirements established by the department to provide respite care under 41-3-1151.

(8)  "Substitute care" means full-time care of youth in a residential setting for the purpose of providing food, shelter, security and safety, guidance, direction, and if necessary, treatment to youth who are removed from or without the care and supervision of their parents or guardian.

(9) "Youth assessment center" has the meaning provided in 41-5-103.

(9)(10)  "Youth care facility" means a facility that is licensed by the department or by the appropriate licensing authority in another state and in which facility substitute care is provided to youth. The term includes youth foster homes, youth group homes, and child-care agencies, and youth assessment centers.

(10)(11) "Youth foster home" means a youth care facility in which substitute care is provided to one to six children or youth other than the foster parents' own children, stepchildren, or wards.

(11)(12) "Youth group home" means a youth care facility in which substitute care is provided to 7 to 12 children or youth."



Section 8.  Section 41-3-1103, MCA, is amended to read:

"41-3-1103.   Powers and duties of department. (1) The department shall:

(a)  administer all state and federal funds allocated to the department for youth foster homes, youth group homes, and child-care agencies, and youth assessment centers for youth in need of care, as defined in 41-5-103 41-3-102;

(b)  exercise licensing authority over all youth foster homes, youth group homes, and child-care agencies, and youth assessment centers;

(c)  collect and disseminate information relating to youth in need of care;

(d)  provide for training of program personnel delivering services;

(e)  in cooperation with youth care facility providers, develop and implement standards for youth care facilities;

(f)  maintain adequate data on placements it funds in order to keep the legislature properly informed of the following:

(i)  the number of youth in need of care in out-of-home care facilities;

(ii) the cost per facility for services rendered;

(iii) the type and level of care of services provided by each facility;

(iv) a profile of out-of-home care placements by level of care; and

(v)  a profile of public institutional placements; and

(g)  administer all funds allocated to the department for residential alcohol and drug abuse treatment for indigent youths in need of care, indigent youths in need of supervision intervention, and indigent delinquent youths who require treatment.

(2)  The department may:

(a)  enter into contracts with nonprofit corporations or associations or private organizations to provide substitute care for youth in need of care in youth care facilities;

(b)  accept gifts, grants, and donations of money and property from public and private sources to initiate and maintain community-based services to youth;

(c)  adopt rules to carry out the administration and purposes of this part.

(3)  The department shall pay for room, board, clothing, personal needs, transportation, and treatment in youth foster care homes and youth group homes for youths committed to the department who need to be placed in the facilities. Payments for the clothing of a child placed in a youth foster home must be provided to the extent the child needs a basic wardrobe or has a special clothing need. Payments under this subsection may not exceed appropriations for the purposes of this subsection."



Section 9.  Section 41-3-1104, MCA, is amended to read:

"41-3-1104.   Aftercare Youth facilities. The department of corrections may establish, maintain, and administer youth correctional facilities, evaluation facilities, mental health facilities and services, aftercare parole programs, and aftercare parole facilities for the care, custody, and treatment of youth who have been committed to the department of corrections."



Section 10.  Section 41-3-1114, MCA, is amended to read:

"41-3-1114.   Continuing jurisdiction of youth court. The youth court committing a delinquent youth or a youth in need of supervision intervention to the department of corrections retains continuing jurisdiction over the youth until the youth becomes 21 years of age or is otherwise discharged by the department after notice to the youth court of original jurisdiction."



Section 11.  Section 41-3-1122, MCA, is amended to read:

"41-3-1122.   Payment for support of youth in need of care, youth in need of supervision intervention, or delinquent youth -- reimbursement by county. (1) Whenever a youth who is a youth in need of care, a youth in need of supervision intervention, or a delinquent youth is placed by the department of public health and human services or the department of corrections in a youth care facility, the department making the placement shall pay, within the limits of the appropriation for that purpose, a foster care payment to the youth care facility at a rate established by the department of public health and human services for the youth's board, clothing, personal needs, treatment, and room of the youth.

(2)  On or before the 20th of each month, the department of public health and human services or the department of corrections shall present a claim to the county of residence of the youth for no more than one-half of the nonfederal share of the payments made during the month. The county shall make reimbursement to the department within 20 days after the claim is presented.

(3)  Except as provided in subsection (4), when a county's level of expenditure for any year reaches the level of reimbursement for foster care in fiscal year 1987, the county has no further obligation for foster care expenditures.

(4)  If a county's level of expenditure for foster care in fiscal year 1987 is was $10,000 or less, the county's level of expenditure for purposes of determining the county's reimbursement specified in subsection (3) is the level of expenditures for fiscal year 1987 or the average of expenditures for fiscal years 1984 through 1987, whichever is less.

(5)  A county that was state-assumed prior to 1987, but that at a later date reassumes responsibility pursuant to 53-2-811, is responsible for reimbursement of foster care expenditures up to the county's calculated level of expenditures for fiscal year 1987 as if the county had not been state-assumed.

(6)  The department shall conduct or arrange for the review required under 41-3-1115, or when applicable, 41-3-1010 of a youth placed in a youth care facility if the youth is placed by the department."



Section 12.  Section 41-3-1132, MCA, is amended to read:

"41-3-1132.   Governmental contracts with nonprofit organizations. (1) The department of public health and human services and the department of corrections may contract with nonprofit corporations or associations to provide facilities and services for youth in need of care, youth in need of supervision intervention, and delinquent youth in youth care facilities and are authorized to expend money that is appropriated or available for those purposes. The contracts must be based on the following considerations:

(a)  budgets submitted by the nonprofit corporation or association identifying fixed and variable costs;

(b)  reasonable costs of service;

(c)  appropriation level; and

(d)  availability of funds.

(2)  Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, are authorized, at their own expense, to provide funds, materials, facilities, and services for community-based services at their own expense."



Section 13.  Section 41-5-103, MCA, is amended to read:

"41-5-103.   Definitions. As used in the Montana Youth Court Act, unless the context requires otherwise, the following definitions apply:

(1)  "Adult" means an individual who is 18 years of age or older.

(2)  "Agency" means any entity of state or local government authorized by law to be responsible for the care or rehabilitation of youth.

(3) "Assessment officer" means a person who is authorized by the court to provide initial intake and evaluation for a youth who appears to be in need of intervention or an alleged delinquent youth.

(3)(4)  "Commit" means to transfer to legal custody.

(4)(5)  "Correctional facility" means a public or private residential facility used for the placement of delinquent youth or individuals convicted of criminal offenses.

(5)(6)  "Court", when used without further qualification, means the youth court of the district court.

(6)(7)  "Custodian" means a person, other than a parent or guardian, to whom legal custody of the youth has been given but does not include a person who has only physical custody.

(7)(8)  "Delinquent youth" means a youth:

(a)  who has committed an offense that, if committed by an adult, would constitute a criminal offense who is adjudicated under formal proceedings under the Montana Youth Court Act as a youth:

; or

(b)(a) who has committed an offense that, if committed by an adult, would constitute a criminal offense; or

(b) who, having has been placed on probation as a delinquent youth or a youth in need of supervision, violates intervention and who has violated any condition of probation.

(8)(9)  "Department" means the department of corrections provided for in 2-15-2301.

(9)(10)  "Detention" means the holding or temporary placement of a youth in the youth's home under home arrest or in a facility other than the youth's own home for:

(a) the purpose of ensuring the continued custody of the youth at any time after the youth is taken into custody and before final disposition of the youth's case; or

(b) contempt of court or violation of a valid court order.

(10)(11) "Detention facility" means a physically restricting facility designed to prevent a youth from departing at will. The term includes a youth detention facility, short-term detention center, and regional detention facility.

(12) "Family" means the parents, guardians, legal custodians, and siblings or other youth with whom a youth ordinarily lives.

(11)(13) "Final disposition" means the implementation of a court order for the disposition or placement of a youth as provided in 41-5-523 and [sections 34 through 41].

(12)(14) "Foster home" means a private residence licensed by the department of public health and human services for placement of a youth.

(13)(15) "Guardianship" means the status created and defined by law between a youth and an adult with the reciprocal rights, duties, and responsibilities. "Guardian" means an adult:

(a) who is responsible for a youth and has the reciprocal rights, duties, and responsibilities with the youth; and

(b) whose status is created and defined by law.

(16) "Habitual truancy" means recorded absences of 10 days or more of unexcused absences in a semester or absences without prior written approval of a parent or a guardian.

(14)(17) "Holdover" means a room, office, building, or other place approved by the board of crime control for the temporary detention and supervision of youth in a physically unrestricting setting for a period not to exceed 24 hours while the youth is awaiting a probable cause hearing, release, or transfer to an appropriate detention or shelter care facility. The term does not include a jail.

(15)(18) "Jail" means a facility used for the confinement of adults accused or convicted of criminal offenses. The term includes a lockup or other facility used primarily for the temporary confinement of adults after arrest but does not include a collocated juvenile detention facility that complies with 28 CFR, part 31.

(16)(19) "Judge", when used without further qualification, means the judge of the youth court.

(17)(20) (a) "Legal custody" means the legal status created by order of a court of competent jurisdiction that gives a person the right and duty to:

(i)  have physical custody of the youth;

(ii) determine with whom the youth shall live and for what period;

(iii) protect, train, and discipline the youth; and

(iv) provide the youth with food, shelter, education, and ordinary medical care.

(b)  An individual granted legal custody of a youth shall personally exercise the individual's rights and duties as guardian unless otherwise authorized by the court entering the order.

(18)(21) "Necessary parties" includes the youth, and the youth's parents, guardian, custodian, or spouse.

(19)(22) "Parent" means the natural or adoptive parent but does not include a person whose parental rights have been judicially terminated, nor does it include the putative father of an illegitimate youth unless the putative father's paternity is established by an adjudication or by other clear and convincing proof.

(20)(23) "Probable cause hearing" means the hearing provided for in 41-5-303.

(21)(24) "Regional detention facility" means a youth detention facility established and maintained by two or more counties, as authorized in 41-5-811.

(22)(25) "Restitution" means payments in cash to the victim or with services to the victim or the general community when these payments are made pursuant to an informal a consent adjustment, consent decree, or other youth court order.

(26) "Running away from home" means that a youth has been reported to have run away from home without the consent of a parent or guardian or a custodian having legal custody of the youth.

(23)(27) "Secure detention facility" means any a public or private facility that:

(a)  is used for the temporary placement of youth or individuals accused or convicted of criminal offenses or as a sanction for contempt of court, violation of a parole agreement, or violation of a valid court order; and

(b)  is designed to physically restrict the movements and activities of youth or other individuals held in lawful custody of the facility.

(24)(28) "Serious juvenile offender" means a youth who has committed an offense that would be considered a felony offense if committed by an adult and that is an offense against a person, an offense against property, or an offense involving dangerous drugs.

(25)(29) "Shelter care" means the temporary substitute care of youth in physically unrestricting facilities.

(26)(30) "Shelter care facility" means a facility used for the shelter care of youth. The term is limited to the facilities enumerated in 41-5-306(1)(a).

(27)(31) "Short-term detention center" means a detention facility licensed by the department for the temporary placement or care of youth, for a period not to exceed 96 hours 10 days, pending a probable cause hearing, release, or transfer of the youth to an appropriate detention facility, youth assessment center, or shelter care facility.

(28)(32) "State youth correctional facility" means a residential facility used for the placement and rehabilitation of delinquent youth, such as the Pine Hills school in Miles City and the Mountain View school in Helena.

(29)(33) "Substitute care" means full-time care of youth in a residential setting for the purpose of providing food, shelter, security and safety, guidance, direction, and, if necessary, treatment to youth who are removed from or are without the care and supervision of their parents or guardian guardians.

(34) "Victim" means:

(a) a person who suffers property, physical, or emotional injury as a result of an offense committed by a youth that would be a felony offense if committed by an adult;

(b) an adult relative of the victim as defined in subsection (34)(a) if the victim is a minor; and

(c) an adult relative of a homicide victim.

(30)(35) "Youth" means an individual who is less than 18 years of age without regard to sex or emancipation.

(36) "Youth assessment" means a multidisciplinary assessment of a youth as provided in 41-5-301.

(37) "Youth assessment center" means a staff-secured location that is licensed by the department of public health and human services to hold a youth for up to 10 days for the purpose of providing an immediate and comprehensive community-based youth assessment to assist the youth and the youth's family in addressing the youth's behavior.

(38) "Youth care facility" has the meaning provided in 41-3-1102.

(31)(39) "Youth court" means the court established pursuant to this chapter to hear all proceedings in which a youth is alleged to be a delinquent youth, a youth in need of supervision intervention, or a youth in need of care and includes the youth court judge and, probation officers, and assessment officers.

(32)(40)  "Youth detention facility" means a secure detention facility licensed by the department for the temporary substitute care of youth that:

(a)  is operated, administered, and staffed separately and independently of a jail; and

(b)  is used exclusively for the lawful detention of alleged or adjudicated delinquent youth or as a sanction for contempt of court, violation of a parole agreement, or violation of a valid court order.

(33)(41) "Youth in need of care" has the meaning provided for in 41-3-102.

(34)(42) "Youth in need of supervision intervention" means a youth who is adjudicated as a youth and who commits an offense prohibited by law that, if committed by an adult, would not constitute a criminal offense, including but not limited to a youth who:

(a)  violates any Montana municipal or state law regarding use of alcoholic beverages by minors;

(b)  continues to exhibit behavior, including running away from home or habitual truancy, beyond the control of the youth's parents, foster parents, physical custodian, or guardian despite the attempt of the youth's parents, foster parents, physical custodian, or guardian to exert all reasonable efforts to mediate, resolve, or control the youth's behavior; or

(c)  has committed any of the acts of a delinquent youth but whom the youth court, in its discretion, chooses to regard as a youth in need of supervision intervention."



Section 14.  Section 41-5-201, MCA, is amended to read:

"41-5-201.   Youth court judge -- judges pro tempore -- special masters. (1) Each judicial district in the state shall must have at least one judge of the youth court. His whose duties shall be 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 proceedings under this chapter;

(c)  perform any other functions consistent with the legislative purpose of this chapter.

(2)  In each multijudge judicial district the judges shall, by court rule, designate one or more of their number to act as youth court judge in each county in the judicial district for a fixed period of time. Service as youth court judge may be rotated among the different judges of the judicial district and among the individual counties within the judicial district for given periods of time. Continuity of service of a given judge as youth court judge and continuity in the operation and policies of the youth court in the county having the largest population in the judicial district shall must be the principal consideration of the rule.

(3) (a) A youth court judge may appoint a judge pro tempore or a special master to conduct preliminary, nondispositive matters, including but not limited to hearings for probable cause or detention and taking of responses for petitions.

(b) A judge pro tempore or special master must be a member of the state bar of Montana."



Section 15.  Section 41-5-203, MCA, is amended to read:

"41-5-203.   Jurisdiction of the court. (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, a youth in need of supervision intervention, or a youth in need of care or concerning any person under 21 years of age charged with having violated any law of the state or any ordinance of any a city or town other than a traffic or fish and game law prior to having become 18 years of age.

(2)  Justice, municipal, and city courts have concurrent jurisdiction with the youth court over all alcoholic beverage, tobacco products, and gambling violations alleged to have been committed by a youth."



Section 16.  Section 41-5-204, MCA, is amended to read:

"41-5-204.   Venue and transfer. (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. The Except as provided in 41-5-206, the youth court shall assume the initial handling of the case.

(2)  The county where a youth is a resident has initial jurisdiction over any youth alleged to be a youth in need of supervision intervention or a youth in need of care. The youth court of that county shall assume the initial handling of the case. Transfers of venue may be made to any of the following counties in the state:

(a)  the county in which the youth is apprehended or found;

(b)  the county in which the youth is alleged to have violated the law; or

(c)  the county of residence of the youth's parents or guardian.

(3)  In the case of a youth alleged to be a youth in need of supervision intervention or a youth in need of care, a change of venue may be ordered at any time by the concurrence of the youth court judges of both counties in order to assure ensure a fair, impartial, and speedy hearing and final disposition of the case.

(4)  In the case of a youth 16 years of age or older who is accused of one of the serious offenses listed in 41-5-206, the court in the county where the offense occurred shall serve as a transfer hearing court, and if the youth and who is to be tried in district court, the charge shall must be filed and trial held in the district court of the county where the offense occurred."



Section 17.  Section 41-5-205, MCA, is amended to read:

"41-5-205.   Retention of jurisdiction -- termination. Once Except for cases filed in the district court under 41-5-206, once a court obtains jurisdiction over a youth, the court retains jurisdiction unless terminated by the court or by mandatory termination in the following cases:

(1)  at the time the proceedings are transferred to adult criminal court;

(2)  at the time the youth is discharged by the department; and

(3)  in any event, at the time the youth reaches the age of 21 years of age."



Section 18.  Section 41-5-206, MCA, is amended to read:

"41-5-206.   Transfer to criminal Filing in district court prior to prosecution formal proceedings in youth court. (1) After a petition has been filed alleging delinquency, the court may, upon motion of the county attorney, before hearing the petition on its merits, transfer the matter of prosecution to the district court if:

(a)  (i) The county attorney may, in the county attorney's discretion, 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 more older at the time of the conduct alleged to be unlawful and the unlawful act would if it had been committed by an adult constitute:

(i) sexual intercourse without consent as defined in 45-5-503,;

(ii) deliberate homicide as defined in 45-5-102,;

(iii) mitigated deliberate homicide as defined in 45-5-103,; or

(iv) the attempt, as defined in 45-4-103, of or accountability, as provided in 45-2-301, for either deliberate or mitigated deliberate homicide if the act had been committed by an adult; or

(ii)(b) the youth charged was 16 years of age or more older at the time of the conduct alleged to be unlawful and the unlawful act is one or more of the following:

(A)(i)  negligent homicide as defined in 45-5-104;

(B)(ii)  arson as defined in 45-6-103;

(C)(iii)  aggravated or felony assault as defined in 45-5-202;

(D)(iv)  robbery as defined in 45-5-401;

(E)(v)  burglary or aggravated burglary as defined in 45-6-204;

(F)(vi)  aggravated kidnapping as defined in 45-5-303;

(G)(vii)  possession of explosives as defined in 45-8-335;

(H)(viii)  criminal sale of dangerous drugs as defined in 45-9-101;

(I)(ix)  criminal production or manufacture of dangerous drugs as defined in 45-9-110;

(J)(x)  attempt, as defined in 45-4-103, of or accountability, as provided in 45-2-301, for any of the acts enumerated in subsections (1)(a)(ii)(A) (1)(b)(i) through (1)(a)(ii)(I) (1)(b)(x);

(b)  a hearing on whether the transfer should be made is held in conformity with the rules on a hearing on a petition alleging delinquency, except that the hearing must be conducted by the youth court without a jury;

(c)  notice in writing of the time, place, and purpose of the hearing is given to the youth, the youth's counsel, and the youth's parents, guardian, or custodian at least 10 days before the hearing; and

(d)  the court finds upon the hearing of all relevant evidence that there is probable cause to believe that:

(i)  the youth committed the delinquent act alleged;

(ii) the seriousness of the offense and the protection of the community require treatment of the youth beyond that afforded by juvenile facilities; and

(iii) the alleged offense was committed in an aggressive, violent, or premeditated manner.

(2)  In transferring the matter of prosecution to the district court, the court may also consider the following factors:

(a)  the sophistication and maturity of the youth, determined by consideration of the youth's home, environmental situation, and emotional attitude and pattern of living;

(b)  the record and previous history of the youth, including previous contacts with the youth court, law enforcement agencies, youth courts in other jurisdictions, prior periods of probation, and prior commitments to juvenile institutions. However, lack of a prior juvenile history with youth courts is not of itself grounds for denying the transfer.

(3)  The court shall grant the motion to transfer if the youth was 16 years old or older at the time of the conduct alleged to be unlawful and the unlawful act would constitute deliberate homicide as defined in 45-5-102, mitigated deliberate homicide as defined in 45-5-103, or the attempt, as defined in 45-4-103, of either deliberate or mitigated deliberate homicide if the act had been committed by an adult.

(4)  Upon transfer to district court, the judge shall make written findings of the reasons why the jurisdiction of the youth court was waived and the case transferred to district court.

(2) The county attorney shall file with the district court a petition for leave to file an information in district court if the youth was 17 years of age at the time the youth committed an offense listed under 41-5-206.

(3) The district court shall grant leave to file the information if the court finds that there is probable cause to believe that the youth has committed the alleged offense and that, considering the seriousness of the offense and in the interests of community protection, the case should be filed in the district court.

(5)(4)  The transfer filing of an information in district court terminates the jurisdiction of the youth court over the youth with respect to the acts alleged in the petition information. A youth may not be prosecuted in the district court for a criminal offense originally subject to the jurisdiction of the youth court unless the case has been transferred filed in the district court as provided in this section. A case may be transferred to district court after prosecution as provided in 41-5-208 or 41-5-1105.

(6)  Upon order of the youth court transferring the case to the district court under subsection (5), the county attorney shall file the information against the youth without unreasonable delay.

(7)(5)  Any An offense not enumerated in subsection (1) that arises during the commission of a crime enumerated in subsection (1) may be:

(a)  tried in youth court;

(b)  transferred to district court with an offense enumerated in subsection (1), upon motion of the county attorney and order of the youth district court judge.

(8)(6)  If a youth is found guilty in district court of any of the offenses transferred by the youth court enumerated in subsection (1) and is sentenced to the state prison, the commitment must be to the department of corrections. The department shall confine the youth in whatever institution that it considers proper, including a state youth correctional facility under the procedures of 52-5-111. However, a youth under 16 years of age may not be confined in the a state prison facility. During the period of confinement, school-aged youth with disabilities must be provided an education consistent with the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq.

(9)(7)  A youth whose case is transferred to filed in the district court may not be detained or otherwise placed in a jail or other adult detention facility before final disposition of the youth's case unless:

(a)  alternative facilities do not provide adequate security; and

(b)  the youth is kept in an area that provides physical, separation as well as sight and sound, separation from adults accused or convicted of criminal offenses."



Section 19.  Section 41-5-208, MCA, is amended to read:

"41-5-208.   Transfer to district court after prosecution -- disposition in district court -- limitation on jurisdiction. (1) To ensure continued compliance with the court's disposition under 41-5-523, at any time after a youth reaches 18 years of age but before the youth reaches 21 years of age, the youth court judge may transfer jurisdiction to district court and order the transfer of supervisory responsibility and the youth's case files to the department.

(2)  If a youth whose case has been transferred to district court under this section violates a disposition imposed under 41-5-523, the district court may impose conditions as provided under 46-18-201 through 46-18-203.

(3)  If, at the time of transfer, the youth is incarcerated in a state youth correctional facility, the district court may order that the youth, after reaching 18 years of age:

(a)  be incarcerated in a state adult correctional facility, boot camp, or prerelease center; or

(b)  be supervised by the department.

(4)  The district court's jurisdiction over a case transferred under this section terminates when the youth reaches 25 years of age."

"41-5-208.   Transfer to district court after prosecution -- disposition in district court -- limitation on jurisdiction. (1) To ensure continued compliance with the court's disposition under 41-5-523 or [section 34], at any time after a youth reaches 18 years of age but before the youth reaches 21 years of age, the youth court judge may transfer jurisdiction to district court and order the transfer of supervisory responsibility and the youth's case files to the department.

(2)  If a youth whose case has been transferred to district court under this section violates a disposition imposed under 41-5-523, the district court may impose conditions as provided under 46-18-201 through 46-18-203.

(3)  If, at the time of transfer, the youth is incarcerated in a state youth correctional facility, the district court may order that the youth, after reaching 18 years of age:

(a)  be incarcerated in a state adult correctional facility, boot camp, or prerelease center; or

(b)  be supervised by the department.

(4)  The district court's jurisdiction over a case transferred under this section terminates when the youth reaches 25 years of age."



Section 20.  Section 41-5-301, MCA, is amended to read:

"41-5-301.   Preliminary investigation and disposition. (1) Whenever the court receives information from any an agency or person, based upon reasonable grounds, that a youth is or appears to be a delinquent youth or a youth in need of supervision intervention or, being that the youth is subject to a court order or consent order, and has violated the terms of an order, a probation officer or an assessment officer shall make a preliminary inquiry into the matter.

(2)  The 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 if:

(i) 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 that would not be offenses if the youth were an adult in the past year;

(ii) the youth is alleged to be a youth in need of intervention or a delinquent youth and the youth or the youth's parent or guardian requests the youth assessment and both the youth and the parent or guardian are willing to cooperate with the assessment process; or

(iii) 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.

(3) 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 41-5-305 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.

(4) 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.

(3)(5)  If the probation officer or assessment officer determines that the facts indicate that the youth is a youth in need of care, the matter must be immediately referred to the department of public health and human services.

(4)(6)  (a)  The probation officer or assessment officer in the conduct of the preliminary inquiry shall:

(i)  advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States;

(ii)  determine whether the matter is within the jurisdiction of the court;

(iii)  determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-305.

(b)(b)  Once relevant information is secured, the probation officer or assessment officer shall:

(i)  determine whether the interest of the public or the youth requires that further action be taken;

(ii)  terminate the inquiry upon the determination that no further action be taken; and

(iii)  release the youth immediately upon the determination that the filing of a petition is not authorized.

(5)(7)  The probation officer or assessment officer upon determining that further action is required may:

(a)  provide counseling, refer the youth and the youth's parents family to another agency providing appropriate services, or take any other action or make any informal consent adjustment that does not involve probation or detention;

(b)  provide for treatment or adjustment involving probation or other disposition authorized under 41-5-401 through 41-5-403 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 probation officer or assessment officer proceeds no further unless authorized by the county attorney; or

(c)  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 supervision intervention or for filing an information in the district court as provided in 41-5-206.

(8) The juvenile probation officer or assessment officer shall collect the following information regarding a youth if the youth is alleged to be a delinquent youth and if the probation officer or assessment officer determines that the matter should be referred to the county attorney for filing a petition in youth court:

(a) biographical data;

(b) a description of prior and current offenses, including criminal history;

(c) a listing of known or suspected associates;

(d) any gang or drug involvement;

(e) field investigation data;

(f) motor vehicle ownership and offense data, if any;

(g) whether the youth is a suspect in other criminal investigations;

(h) history of any victimization of others by the youth;

(i) the youth's status offense history;

(j) existence of active warrants;

(k) school, employment, and family histories;

(l) social and medical services histories;

(m) prior conduct in a youth detention or correctional facility, if any.

(6)(9)  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 supervision 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.

(7)(10)  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.

(8)(11)  If a petition is not filed under this section, the complainant and victim, if any, must be informed by the 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 probation officer or assessment officer, and make the final decision as to whether a petition is filed."



Section 21.  Section 41-5-303, MCA, is amended to read:

"41-5-303.   Rights of youth taken into custody -- questioning -- hearing for probable cause -- detention. (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 supervision intervention, the following requirements must be met:

(a)  The youth must be advised of his the youth's right against self-incrimination and his the youth's right to counsel.

(b)  The youth may waive these rights under the following situations:

(i)  when the youth is 16 years of age or older, the youth may make an effective waiver;

(ii) when the youth is under the age of 16 years of age and the youth and a parent or guardian agree, they may make an effective waiver; and

(iii) when the youth is under the age of 16 years of age and the youth and his the youth's parent or guardian do not agree, the youth may make an effective waiver only with advice of counsel.

(c)  The investigating officer, probation officer, or person assigned to give notice shall immediately notify the parents, guardian, or legal custodian of the youth that the youth has been taken into custody, the reasons for taking the youth into custody, and where the youth is being held. If the parents, guardian, or legal custodian cannot be found through diligent efforts, a close relative or friend chosen by the youth must be notified.

(2)  Unless a youth has been released, a hearing must be held within 24 hours after the youth is taken into custody, excluding weekends and legal holidays, to determine whether there is probable cause to believe that the youth is a delinquent youth or a youth in need of supervision intervention.

(3)  The probable cause hearing required under subsection (2) may be held by the youth court, a justice of the peace, a municipal or city judge, or a magistrate having jurisdiction in the case as provided in 41-5-203. If the probable cause hearing is held by a justice of the peace, a municipal or city judge, or a magistrate, a record of the hearing must be made by a court reporter or by a tape recording of the hearing.

(4)  At the probable cause hearing, the youth must be informed of his the youth's constitutional rights and his the youth's rights under this chapter.

(5)  A parent, guardian, or legal custodian of the youth may be held in contempt of court for failing to be present at or to participate in the probable cause hearing unless he the parent, guardian, or legal custodian:

(a)  cannot be located through diligent efforts of the investigating peace officer or peace officers; or

(b)  is excused by the court for good cause.

(6)  At the probable cause hearing, a guardian ad litem may be appointed as provided in 41-5-512.

(7)  If it is determined that there is probable cause to believe that the youth is a delinquent youth or is a youth in need of supervision intervention, the court having jurisdiction in the case shall determine whether the youth should be retained in custody. If the court determines that continued custody of the youth is necessary and if the youth meets the criteria in 41-5-305, the youth may be placed in a detention facility, a youth assessment center, or a shelter care facility as provided in 41-5-306 but may not be placed in a jail or other facility used for the confinement of adults accused or convicted of criminal offenses.

(8)  If probable cause is not found or if a probable cause hearing is not held within the time specified in subsection (2), the youth must be immediately released from custody."



Section 22.  Section 41-5-304, MCA, is amended to read:

"41-5-304.   Investigation, fingerprints, and photographs. (1) All law enforcement investigations relating to a delinquent youth or youth in need of supervision 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 in which the unlawful act alleged is a felony.

(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."



Section 23.  Section 41-5-305, MCA, is amended to read:

"41-5-305.   Criteria for placement of youth in secure detention facilities, youth assessment centers, or shelter care facilities. (1) A youth may not be placed in a secure detention facility unless:

(a)  he the youth 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;

(b)  he the youth is alleged to be a delinquent youth and:

(i)  he the youth has escaped from a correctional facility or secure detention facility;

(ii) he the youth has violated a valid court order or an aftercare a parole agreement;

(iii) his the youth's detention is required to protect persons or property;

(iv) he the youth has pending court or administrative action or is awaiting a transfer to another jurisdiction and may abscond or be removed from the jurisdiction of the court;

(v)  there are not adequate assurances that he the youth will appear for court when required; or

(vi) he the youth meets additional criteria for secure detention established by the youth court in the judicial district that has current jurisdiction over him the youth; or

(c)  he the youth has been adjudicated delinquent and is awaiting final disposition of his the youth's case.

(2)  A youth may not be placed in a shelter care facility unless:

(a)  the youth and his the youth's family need shelter care to address their problematic situation when it is not possible for the youth to remain at home;

(b)  the youth needs to be protected from physical or emotional harm;

(c)  the youth needs to be deterred or prevented from immediate repetition of his the youth's troubling behavior;

(d)  shelter care is necessary to assess the youth and his the youth's environment;

(e)  shelter care is necessary to provide adequate time for case planning and disposition; or

(f)  shelter care is necessary to intervene in a crisis situation and provide intensive services or attention that might alleviate the problem and reunite the family.

(3) A youth may not be placed in a youth assessment center unless:

(a) the youth meets the requirements for placement in shelter care;

(b) the youth has not committed an act that would be a felony offense if committed by an adult;

(c) the youth needs an alternative, staff-secured site for evaluation and assessment of the youth's need for services;

(d) the youth needs to be held accountable for the youth's actions with structured programming; and

(e) the youth meets qualifications as outlined by the placement guidelines that are determined by the department and coordinated with the guidelines used by the youth placement committees."



Section 24.  Section 41-5-306, MCA, is amended to read:

"41-5-306.   Place of shelter care, youth assessment, or detention. (1) After a probable cause hearing provided for in 41-5-303, a youth alleged to be a youth in need of supervision intervention may be placed only:

(a)  in a licensed youth foster home as defined in 41-3-1102;

(b)  in a facility operated by a licensed child welfare agency;

(c)  in a licensed youth group home as defined in 41-3-1102; or

(a) in a licensed youth care facility as defined in 41-3-1102; or

(d)(b)  under home arrest, with or without a monitoring device, either in the youth's own home or in one of the facilities described in subsections (1)(a) through (1)(c) a licensed youth care facility, as provided in Title 46, chapter 18, part 10.

(2)  A youth alleged to be a youth in need of care may be placed only in the facilities listed in subsection (1) by the department of public health and human services as provided in Title 41, chapter 3, and may not be placed in a youth assessment center, youth detention facility, or in a jail or other facility intended or used for the confinement of adults accused or convicted of criminal offenses.

(3)  After a probable cause hearing provided for in 41-5-303, a youth alleged to be a delinquent youth may be placed only:

(a)  in the facilities described in subsection (1);

(b)  under home arrest as provided in subsection (1);

(c)  in a short-term detention center;

(d)  in a youth detention facility; or

(e)  in a community youth court program."



Section 25.  Section 41-5-401, MCA, is amended to read:

"41-5-401.   Consent adjustment without petition. (1) Before a petition is filed referring the matter to the county attorney and subject to the limitations in subsection (3), the probation officer or assessment officer may enter into an informal a consent adjustment and give counsel and advice to the youth, the youth's family, and other interested parties if it appears that:

(a)  the admitted facts bring the case within the jurisdiction of the court;

(b)  counsel and advice without filing a petition would be in the best interests of the child, the family, and the public; and

(c)  the youth may be a youth in need of supervision intervention and if the probation officer or assessment officer believes that the parents, foster parents, physical custodian, or guardian exerted all reasonable efforts to mediate, resolve, or control the youth's behavior and the youth continues to exhibit behavior beyond the control of the parents, foster parents, physical custodian, or guardian.

(2)  Any probation or other disposition imposed under this section against any a youth must conform to the following procedures:

(a)  Every consent adjustment shall must be reduced to writing and signed by the youth and his the youth's parents or the person having legal custody of the youth.

(b)  If the probation officer or assessment officer believes the youth is a youth in need of supervision intervention, the probation officer or assessment officer shall determine that the parents, foster parents, physical custodian, or guardian exerted all reasonable efforts to mediate, resolve, or control the youth's behavior and the youth continues to exhibit behavior beyond the control of the parents, foster parents, physical custodian, or guardian.

(c)  Approval by the youth court judge is required if the complaint alleges commission of a felony or if the youth has been or will be in any way detained.

(3) A consent adjustment without petition under this section may not be used to dispose of a youth's alleged second or subsequent offense if that offense would be a felony if committed by an adult or third or subsequent offense if that offense would be a misdemeanor if committed by an adult."



Section 26.  Section 41-5-403, MCA, is amended to read:

"41-5-403.   Disposition permitted under informal consent adjustment -- contributions by parents or guardians for youth's care. (1) The following dispositions may be imposed by informal consent adjustment:

(a)  probation;

(b)  placement of the youth in substitute care in a youth care facility, as defined in 41-3-1102, and as determined by the department pursuant to a recommendation made under 41-5-525;

(c)  placement of the youth with a private agency responsible for the care and rehabilitation of the youth as determined by the department pursuant to a recommendation made under 41-5-525;

(d)  restitution, as provided in [section 32], upon approval of the youth court judge;

(e)  placement of the youth under home arrest as provided in Title 46, chapter 18, part 10;

(f) a requirement that the youth receive counseling services;

(g) placement in a youth assessment center for up to 10 days;

(h) placement of the youth in detention for up to 3 days on a space-available basis at the county's expense, which is not reimbursable under part 10 of this chapter;

(i) a requirement that the youth perform community service;

(j) a requirement that the youth participate in victim-offender mediation;

(k) an agreement that the youth pay a contribution covering all or a part of the costs for the adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, and treatment of the youth, including the costs of counseling;

(l) an agreement that the youth pay a contribution covering all or a part of the costs of a victim's counseling or restitution for damages that result from the offense for which the youth is disposed;

(m) any other condition ordered by the court to accomplish the goals of the consent adjustment, including but not limited to mediation or youth assessment. Before ordering youth assessment, the court shall provide the family an estimate of the cost of youth assessment, and the court shall take into consideration the financial resources of the family before ordering parental or guardian contribution for the costs of youth assessment.

(2)  In determining whether restitution is appropriate in a particular case, the following factors may be considered in addition to any other evidence:

(a)  age of the youth;

(b)  ability of the youth to pay;

(c)  ability of the parents, legal guardian, or persons contributing to the youth's delinquency or need for supervision to pay;

(d)  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 in any case.

(3)(2)  If the youth violates an aftercare a parole agreement as provided for in 52-5-126, the youth must be returned to the court for further disposition. A youth may not be placed in a state youth correctional facility under informal consent adjustment.

(4)(3)  If the youth is placed in substitute care, an assessment placement, or detention requiring payment by the any state department or local government agency, the court shall examine the financial ability of the youth's parents or guardians to pay a contribution covering all or part of the costs for the adjudication, disposition, supervision, care, placement, and treatment of the youth, including the costs of necessary medical, dental, and other health care.

(5)  If the court determines that the youth's parents or guardians are financially able to pay a contribution as provided in subsection (4), the court shall order the youth's parents or guardians to pay an amount based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.

(6)  (a) Except as provided in subsection (6)(b), contributions ordered under this section and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.

(b)  A court-ordered exception from contributions under this section must be in writing and be included in the order. An exception from the immediate income withholding requirement may be granted if the court finds there is:

(i)  good cause not to require immediate income withholding; or

(ii) an alternative arrangement between the department and the person who is ordered to pay contributions.

(c)  A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:

(i)  a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the child; and

(ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.

(d)  An alternative arrangement must:

(i)  provide sufficient security to ensure compliance with the arrangement;

(ii) be in writing and be signed by a representative of the department and the person required to make contributions; and

(iii) if approved by the court, be entered into the record of the proceeding.

(7)  (a) If the court orders the payment of contributions under this section, the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.

(b)  The department of public health and human services may collect and enforce a contribution order under this section by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4."



Section 27.  Section 41-5-501, MCA, is amended to read:

"41-5-501.   Petition -- form and content. A petition initiating proceedings under this chapter shall must be signed by the county attorney, and shall must be entitled "In the Matter of...., a youth", and shall must set forth with specificity:

(1)  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 supervision intervention;

(2)  the charge of an offense, which shall must:

(a)  state the name of the offense;

(b)  cite in customary form the statute, rule, or other provisions of law which that the youth is alleged to have violated;

(c)  state the facts constituting the offense in ordinary and concise language and in such a manner as to enable that enables a person of common understanding to know what is intended; and

(d)  state the time and place of the offense as definitely as can be done possible;

(3)  the name, birth date, and residence address of the youth;

(4)  the names and residence addresses of the parents, guardian, and or spouse of the youth and, if none of the parents, guardian, or spouse resides do not reside or can not be found within the state or if there is none, the adult relative residing nearest to the court;

(5)  whether the youth is in detention, a youth assessment center, or shelter care and, if so, the place of detention, a youth assessment center, or shelter care and the time he the youth was detained or sheltered;

(6)  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

(7)  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 shall must be furnished to the youth upon request."



Section 28.  Section 41-5-511, MCA, is amended to read:

"41-5-511.   Right to counsel. In all proceedings following the filing of a petition alleging that a youth is a delinquent youth or youth in need of supervision intervention, the youth and the parents or guardian of the youth shall 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, counsel shall must be appointed for the youth if the parents or guardian and the youth are unable to provide counsel unless the right to appointed counsel is waived by the youth and the parents or guardian. Neither the youth nor his parent the youth's parents or guardian may waive counsel after a petition has been filed if commitment to the department for a period of more than 6 months may result from adjudication."



Section 29.  Section 41-5-515, MCA, is amended to read:

"41-5-515.   Persons to be advised of rights Rights and obligations -- persons to be advised -- contempt. (1) Persons A person afforded rights under this chapter shall must be advised of those rights and any other rights existing under law at the time of their 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 and related costs, that may arise under this chapter, including the possibility that the person may be required to reimburse the state or local governments for costs attributable to the adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, and treatment of the youth and may be required to participate in counseling, treatment, or other support services.

(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."



Section 30.  Section 41-5-521, MCA, is amended to read:

"41-5-521.   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 supervision 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.

(3)(5)  An adjudicatory hearing must be recorded verbatim by whatever means the court considers appropriate.

(4)(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.

(5)(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 does not allege that the youth is delinquent.

(6)(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 supervision intervention, the court shall schedule a dispositional hearing under this chapter.

(7)(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."



Section 31.  Section 41-5-522, MCA, is amended to read:

"41-5-522.   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 supervision intervention, the court shall conduct a dispositional hearing. The dispositional hearing may involve a determination of the financial ability of the youth's parents or guardians to pay a contribution for the cost of the adjudication, disposition, supervision, care, commitment, and treatment of the youth as required in 41-5-523 [section 41], including the costs of necessary medical, dental, and other health care.

(2)  Before conducting the dispositional hearing, the court shall direct that a social summary youth assessment or predisposition report be made in writing by a 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 social summary 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 social summary 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 social summary 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 social summary 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 subsections (3), (4), and (5) of 41-5-521(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 social summary 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 or, 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.

(6)  In determining whether restitution, as authorized by 41-5-523, is appropriate in a particular case, the following factors may be considered in addition to any other evidence:

(a)  age of the youth;

(b)  ability of the youth to pay;

(c)  ability of the parents, legal guardian, or those that contributed to the youth's delinquency or need for supervision to pay;

(d)  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 in any case."



Section 32.  Restitution. (1) In determining whether restitution, as authorized by 41-5-403 and 41-5-523, 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 supervision 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 is subject to subrogation as provided in 46-18-248.



Section 33.  Section 41-5-523, MCA, is amended to read:

"41-5-523.   Disposition of youth in need of intervention or youth who violate consent adjustments-- sentence to correctional facility -- commitment to department -- placement and evaluation of youth -- restrictions. (1) If a youth is found to be a delinquent youth or a youth in need of supervision intervention or to have violated a consent adjustment, the youth court may enter its judgment making one or more of the following dispositions:

(a)  retain jurisdiction in a disposition provided under subsection (1)(b) or (1)(d);

(b)(1)  place the youth on probation;. The youth court shall retain jurisdiction in a disposition under this subsection.

(c)  subject to subsections (1)(n)(i), (2)(a), (2)(b), and (6), sentence a youth to one of the state youth correctional facilities established under 52-5-101 and, as part of the sentence, deny the youth eligibility for release without the express approval of the sentencing judge until the youth reaches 18 years of age. A youth may not be sentenced to a state youth correctional facility unless the department informs the judge that space is available for the youth at that facility. The sentencing judge may not place limitations on the release unless recommended by the youth placement committee.

(d)  require a youth found to be delinquent to register as a sex offender pursuant to 46-18-254 and 46-23-506;

(e)(2)  place the youth in an in-state a residence that ensures that the youth is accountable, that provides for rehabilitation, and that protects the public. Before placement, the sentencing judge shall seek and consider placement recommendations from the youth placement committee. The judge may not place the youth in an in-state a residence unless the department informs the judge that resources are available for placement of the youth at that residence.

(f)(3)  commit the youth to the department. for the purposes of funding a private, out-of-home, residential placement subject to the conditions in [section 35]. In an order committing a youth to the department:

(i), the court shall determine whether continuation in the youth's own home would be contrary to the welfare of the youth and whether reasonable efforts have been made to prevent or eliminate the need for removal of the youth from the youth's home;

(ii) in the case of a delinquent youth who is determined by the court to be a serious juvenile offender, the judge may specify that the youth be placed in a state youth correctional facility if the judge finds that the placement is necessary for the protection of the public. The court may order the department to notify the court within 5 working days before the proposed release of a youth from a youth correctional facility. Once a youth is committed to the department for placement in a state youth correctional facility, the department is responsible for determining an appropriate date of release into an appropriate placement.

(g)(4)  order restitution for damages that result from the offense for which the youth is disposed by the youth or the youth's parents by the person that contributed to the delinquency of the youth;

(h)  impose a fine as authorized by law if the violation alleged would constitute a criminal offense if committed by an adult;

(i)(5)  require the performance of community service;

(j)(6)  require the youth, the youth's parents or guardians, or the persons having legal custody of the youth to receive counseling services;

(k)(7)  require the medical and psychological evaluation of the youth, the youth's parents or guardians, or the persons having legal custody of the youth;

(l)(8)  require the parents, guardians, or other persons having legal custody of the youth to furnish services the court may designate;

(m)(9)  order further care, treatment, evaluation, or relief that the court considers beneficial to the youth and the community and that does not obligate funding from the department for services outside the state of Montana without the department's approval, except that a youth may not be placed by a youth court in a residential treatment facility as defined in 50-5-101. Only the department may, pursuant to subsection (1)(f) (3) of this section, place a youth in a residential treatment facility.

(n)(10) subject to the provisions of [section 36], commit the youth to a mental health facility if, based upon the testimony of a professional person as defined in 53-21-102, the court finds that the youth is seriously mentally ill as defined in 53-21-102;. The youth is entitled to all rights provided by 53-21-114 through 53-21-119.

(i)  A youth adjudicated mentally ill or seriously mentally ill as defined in 53-21-102 may not be committed or sentenced to a state youth correctional facility.

(ii) A youth adjudicated to be mentally ill or seriously mentally ill after placement in or sentencing to a state youth 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.

(o)(11)  place the youth under home arrest as provided in Title 46, chapter 18, part 10.;

(12) order the youth to pay a contribution covering all or a part of the costs for the adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, and treatment of the youth, including the costs of counseling;

(13) order the youth to pay a contribution covering all or a part of the costs of a victim's counseling;

(14) defer imposition of sentence for up to 45 days for a placement evaluation at a suitable program or facility with the following conditions:

(a) The court may not order placement for evaluation at a youth correctional facility of a youth who has committed an offense that would not be a criminal offense if committed by an adult or a youth who has violated a consent adjustment.

(b) The placement for evaluation must be on a space-available basis at the county's expense, which is not reimbursable under part 10 of this chapter.

(c) The court may require the youth's parents or guardians to pay a contribution covering all or a part of the costs of the evaluation if the court determines after an examination of financial ability that the parents or guardians are able to pay the contribution. Any remaining unpaid costs of evaluation are the financial responsibility of the judicial district of the court that ordered the evaluation.

(15) order placement of a youth in a youth assessment center for up to 10 days;

(16) order the youth to participate in mediation that is appropriate for the offense committed.

(2)  When a youth is committed to the department, the department shall determine the appropriate placement and rehabilitation program for the youth after considering the recommendations made under 41-5-527 by the youth placement committee. Placement is subject to the following limitations:

(a)  A youth in need of supervision or adjudicated delinquent for commission of an act that would not be a criminal offense if committed by an adult may not be placed in a state youth correctional facility.

(b)  A youth may not be held in a state youth correctional facility for a period of time in excess of the maximum period of imprisonment that could be imposed on an adult convicted of the offense or offenses that brought the youth under the jurisdiction of the youth court. This section does not limit the power of the department to enter into an aftercare agreement with the youth pursuant to 52-5-126.

(c)  A youth may not be placed in or transferred to a penal institution or other facility used for the execution of sentence of adults convicted of crimes.

(3)  A youth placed in a state youth correctional facility or other facility or program operated by the department or who signs an aftercare agreement under 52-5-126 must be supervised by the department. A youth who is placed in any other placement by the department, the youth court, or the youth court's juvenile probation officer must be supervised by the probation officer of the youth court having jurisdiction over the youth under 41-5-205 whether or not the youth is committed to the department. Supervision by the youth probation officer includes but is not limited to:

(a)  submitting information and documentation necessary for the person, committee, or team that is making the placement recommendation to determine an appropriate placement for the youth;

(b)  securing approval for payment of special education costs from the youth's school district of residence or the office of public instruction, as required in Title 20, chapter 7, part 4;

(c)  submitting an application to a facility in which the youth may be placed; and

(d)  case management of the youth.

(4)  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 41-5-303. The county determined by the court as the residence of the youth is responsible for the cost of the evaluation, except as provided in subsection (5). A county may contract with the department or other public or private agencies to obtain evaluation services ordered by the court.

(5)  The youth court shall determine the financial ability of the youth's parents to pay the cost of an evaluation ordered by the court under subsection (4). If they are financially able, the court shall order the youth's parents to pay all or part of the cost of the evaluation.

(6)  The youth court may not order placement or evaluation of a youth at a state youth correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is transferable to criminal court under 41-5-206.

(7)  An evaluation of a youth may not be performed at the Montana state hospital unless the youth is transferred to the district court under 41-5-206, 41-5-208, or 41-5-1105.

(8)  An order of the court may be modified at any time. 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 subsequent hearing.

(9)  Whenever the court commits a youth to the department, it shall transmit with the dispositional judgment copies of medical reports, social history material, education records, and any other clinical, predisposition, or other reports and information pertinent to the care and treatment of the youth.

(10) If a youth is committed to the department, the court shall examine the financial ability of the youth's parents or guardians to pay a contribution covering all or part of the costs for the care, commitment, and treatment of the youth, including the costs of necessary medical, dental, and other health care.

(11) If the court determines that the youth's parents or guardians are financially able to pay a contribution as provided in subsection (10), the court shall order the youth's parents or guardians to pay an amount based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.

(12) (a) Except as provided in subsection (12)(b), contributions ordered under this section and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.

(b)  A court-ordered exception from contributions under this section must be in writing and be included in the order. An exception from the immediate income withholding requirement may be granted if the court finds there is:

(i)  good cause not to require immediate income withholding; or

(ii) an alternative arrangement between the department and the person who is ordered to pay contributions.

(c)  A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:

(i)  a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the youth; and

(ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.

(d)  An alternative arrangement must:

(i)  provide sufficient security to ensure compliance with the arrangement;

(ii) be in writing and be signed by a representative of the department and the person required to make contributions; and

(iii) if approved by the court, be entered into the record of the proceeding.

(13) Upon a showing of a change in the financial ability of the youth's parents or guardians to pay, the court may modify its order for the payment of contributions required under subsection (11).

(14) (a) If the court orders the payment of contributions under this section, the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.

(b)  The department of public health and human services may collect and enforce a contribution order under this section by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4."



Section 34.  Disposition -- delinquent youth -- restrictions. (1) If a youth is found to be a delinquent youth, the youth court may enter its judgment making one or more of the following dispositions:

(a) any one or more of the dispositions provided in 41-5-523;

(b) commit the youth to the department for placement in a state youth correctional facility or in a correctional facility or a program operated by the department;

(c)  subject to 41-5-523 (14)(a), [section 35], and [section 36], sentence a youth to one of the state youth correctional facilities established under 52-5-101 and, as part of the sentence, deny the youth eligibility for release without the express approval of the sentencing judge until the youth reaches 18 years of age. A youth may not be sentenced to a state youth correctional facility unless the department informs the judge that space is available for the youth at that facility. Except as provided in subsection (2), the sentencing judge may not place limitations on the release unless recommended by the youth placement committee. The court may not place a youth adjudicated delinquent in a state youth correctional facility for an offense that would be a misdemeanor if committed by an adult, unless the court finds that the youth presents a danger to public safety and that the placement is recommended by a mental health professional after evaluation of the youth.

(d)  require a youth found to be a delinquent youth, as the result of the commission of an offense that would be a sexual offense or violent offense, as defined in 46-23-502, if committed by an adult, to register as a sex offender pursuant to Title 46, chapter 23, part 5. The youth court shall retain jurisdiction in a disposition under this subsection.

(e)  in the case of a delinquent youth who is determined by the court to be a serious juvenile offender, the judge may specify that the youth be placed in a state youth correctional facility, subject to the provisions of subsection (2), if the judge finds that the placement is necessary for the protection of the public. The court may order the department to notify the court within 5 working days before the proposed release of a youth from a youth correctional facility. Once a youth is committed to the department for placement in a state youth correctional facility, the department is responsible for determining an appropriate date of release or an alternative placement.

(f)  impose a fine as authorized by law if the violation alleged would constitute a criminal offense if committed by an adult.

(2) If a youth has been adjudicated for a sex offense, the youth court may require completion of sex offender treatment before a youth is discharged.



Section 35.  Disposition -- commitment to department -- restrictions on placement. When a youth is committed to the department, the department shall determine the appropriate placement and rehabilitation program for the youth after considering the recommendations made under 41-5-527 by the youth placement committee. Placement is subject to the following limitations:

(1)  A youth may not be held in a state youth correctional facility for a period of time in excess of the maximum period of imprisonment that could be imposed on an adult convicted of the offense or offenses that brought the youth under the jurisdiction of the youth court. This section does not limit the power of the department to enter into a parole agreement with the youth pursuant to 52-5-126.

(2)  A youth may not be placed in or transferred to a state adult correctional facility or other facility used for the execution of sentences of adults convicted of crimes.

(3) The department may not place a youth in need of intervention, a youth adjudicated delinquent for commission of an act that would not be an offense if committed by an adult, or a youth who violates a consent adjustment in a state youth correctional facility.



Section 36.  Disposition -- finding of mentally ill or seriously mentally ill -- rights -- limitation on placement. (1) A youth who is found to be seriously mentally ill, as defined in 53-21-102, 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 mentally ill or seriously mentally ill, as defined in 53-21-102, may not be committed or sentenced to a state youth correctional facility.

(3) A youth who is found to be mentally ill or seriously mentally ill after placement in or sentencing to a state youth 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.



Section 37.  Disposition -- commitment to department -- supervision. (1) A youth placed in a state youth correctional facility or other facility or program operated by the department or who signs a parole agreement under 52-5-126 must be supervised by the department.

(2) A youth who is placed in any private, out-of-home, residential placement by the youth court or the youth court's juvenile probation officer must be supervised by the probation officer of the youth court having jurisdiction over the youth under 41-5-205, whether or not the youth is committed to the department for purposes of funding a private, out-of-home, residential placement. Supervision by the youth probation officer includes but is not limited to:

(a)  submitting information and documentation necessary for the person, committee, or team that is making the placement recommendation to determine an appropriate placement for the youth;

(b)  securing approval for payment of special education costs from the youth's school district of residence or the office of public instruction, as required in Title 20, chapter 7, part 4;

(c)  submitting an application to a facility in which the youth may be placed; and

(d)  case management of the youth while in a private, out-of-home, residential placement and upon release until discharged by the department.



Section 38.  Disposition -- commitment to department -- transfer of records. Whenever the court commits a youth to the department, it shall transmit with the dispositional judgment copies of medical reports, social history material, youth assessment material, education records, and any other clinical, predisposition, or other reports and information pertinent to the care and treatment of the youth.



Section 39.  Disposition -- medical or psychological evaluation of youth. (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 41-5-303. The county determined by the court as the residence of the youth is responsible for the cost of the evaluation, except as provided in subsection (2). A county may contract with the department or other public or private agencies to obtain evaluation services ordered by the court.

(2)  The youth court shall determine the financial ability of the youth's parents or guardians to pay the cost of an evaluation ordered by the court under subsection (1). If they are financially able, the court shall order the youth's parents or guardians to pay all or part of the cost of the evaluation.

(3)  Subject to 41-5-523(14)(a), the youth court may not order an evaluation or placement of a youth at a state youth correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is listed under 41-5-206.

(4)  An evaluation of a youth may not be performed at the Montana state hospital unless the youth is transferred to the district court under 41-5-208 or 41-5-1105 or the jurisdiction of the youth court is terminated following the filing of an information in district court pursuant to 41-5-206.



Section 40.  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.



Section 41.  Contribution for costs -- order for contribution -- exceptions -- collection. (1) If a youth is placed in substitute care, a youth assessment center, or detention requiring payment by any state or local government agency or committed to the department, the court shall examine the financial ability of the youth's parents or guardians to pay a contribution covering all or part of the costs for the adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, and treatment of the youth, including the costs of necessary medical, dental, and other health care.

(2) If the court determines that a youth's parents or guardians are financially able to pay a contribution for adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, or supervision as provided in subsection (1), the court shall order the youth's parents or guardians to pay a specified amount. The order must state to which state or local government agency all or a part of the contribution is due and in what order the payments must be made.

(3) If the court determines that the youth's parents or guardians are financially able to pay a contribution as provided in subsection (1), the court shall order the youth's parents or guardians to pay an amount attributable to care, custody, and treatment based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.

(4) (a) Except as provided in subsection (4)(b), contributions ordered under subsection (3) and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.

(b)  A court-ordered exception from contributions under this section must be in writing and must be included in the order. An exception from the immediate income withholding requirement may be granted if the court finds that there is:

(i)  good cause not to require immediate income withholding; or

(ii) an alternative arrangement between the department and the person who is ordered to pay contributions.

(c)  A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:

(i)  a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the youth; and

(ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.

(d)  An alternative arrangement must:

(i)  provide sufficient security to ensure compliance with the arrangement;

(ii) be in writing and be signed by a representative of the department and the person required to make contributions; and

(iii) if approved by the court, be entered into the record of the proceeding.

(5) Upon a showing of a change in the financial ability of the youth's parents or guardians to pay, the court may modify its order for the payment of contributions required under subsection (3).

(6) (a) If the court orders the payment of contributions under this section, the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.

(b)  The department of public health and human services may collect and enforce a contribution order under this section by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4.



Section 42.  Section 41-5-524, MCA, is amended to read:

"41-5-524.   Consent decree with petition. (1) At any time (a) Subject to the provisions of subsection (2), after the filing of a petition alleging that a youth is a delinquent youth or a youth in need of supervision under 41-5-501 and before the entry of a judgment, the court may, on motion of counsel for the youth or on the court's own motion, suspend the proceedings and continue the youth under supervision under terms and conditions negotiated with probation services and agreed to by all necessary parties. The court's order continuing the child under supervision under this section shall be is known as a "consent decree". The Except as provided in subsection (1)(b), the procedures used and dispositions permitted under this section shall must conform to the procedures and dispositions specified in 41-5-401 through 41-5-403 relating to consent adjustments without petition and the responsibility of the youth's parents or guardians to pay a contribution for the costs of placement in substitute care.

(b) A youth may be placed in detention for up to 10 days on a space-available basis at the county's expense, which is not reimbursable under part 10 of this chapter.

(2) A consent decree under this section may not be used by the court unless the youth admits guilt for any charges of an offense set forth in the petition and accepts responsibility for the youth's actions.

(2)(3)  If the youth or his the youth's counsel objects to a consent decree, the court shall proceed to findings, adjudication, and disposition of the case.

(3)(4)  If, either prior to discharge by probation services or expiration of the consent decree, a new petition alleging that the youth is a delinquent youth or a youth in need of supervision intervention is filed against the youth or if the youth fails to fulfill the expressed terms and conditions of the consent decree, the petition under which the youth was continued under supervision may be reinstated in the discretion of the county attorney in consultation with probation services. In the event of reinstatement, the proceeding on the petition shall must be continued to conclusion as if the consent decree had never been entered.

(4)(5)  A youth who is discharged by probation services or who completes a period under supervision without reinstatement of the original petition may not again be proceeded against in any court for the same offense alleged in the petition, and the original petition shall must be dismissed with prejudice. Nothing in this This subsection precludes does not preclude a civil suit against the youth for damages arising from his the youth's conduct.

(5)(6)  In all cases where in which the terms of the consent decree shall extend for a period in excess of 6 months, the probation officer shall at the end of each 6-month period submit a report which shall that must be reviewed by the court.

(7) A consent decree with petition under this section may not be used to dispose of a youth's alleged second or subsequent offense if that offense would be a felony if committed by an adult or third or subsequent offense if that offense would be a misdemeanor if committed by an adult."



Section 43.  Section 41-5-525, MCA, is amended to read:

"41-5-525.   Youth placement committees -- composition. (1) In each judicial district, the department shall establish a youth placement committee for the purposes of:

(a) recommending an appropriate placement of a youth referred to the department under 41-5-403; or

(b)  recommending available community services or alternative placements whenever a change is required in the placement of a youth who is currently in the custody of the department under 41-5-523. However, the committee may not substitute its judgment for that of the superintendent of a state youth correctional facility regarding the discharge of a youth from the facility.

(2)  The committee consists of not less than five members and must include persons who are knowledgeable about the youth, treatment and placement options, and other resources appropriate to address the needs of the youth. Members may include:

(a)  two representatives of the department;

(b)  a representative of the department of public health and human services;

(c)  either the chief probation officer or the youth's probation officer;

(d)  a mental health professional;

(e)  a representative of a school district located within the boundaries of the judicial district who must have personal knowledge of and experience with the youth;

(f)  if an Indian child or children are involved, someone, preferably an Indian person, knowledgeable about Indian culture and family matters;

(g)  a parent or guardian; and

(h)  a youth services provider.

(3)  Committee members serve without compensation.

(4)  Notwithstanding the provisions of 41-5-527, the committee may be convened by the department or the probation officer of the youth court.

(5) If a representative of the school district within the boundaries of which the youth is recommended to be placed and will be attending school is not included on the committee, the person who convened the committee shall inform the school district of the final placement decision for the youth."



Section 44.  Section 41-5-530, MCA, is amended to read:

"41-5-530.   Parental contributions account -- allocation of proceeds. (1) There is a parental contributions account in the state special revenue fund.

(2)  Contributions paid by the parents and guardians of youth under 41-3-406, 41-5-403, 41-5-523, or 41-5-524, or [section 40] for care, custody, and treatment must be deposited in the account.

(3)  All money in the account, except any amount required to be returned to federal or county sources, is allocated to the department of public health and human services to carry out its duties under 52-1-103."



Section 45.  Section 41-5-533, MCA, is amended to read:

"41-5-533.   Probation revocation -- disposition. (1) A youth on probation incident to an adjudication that he the youth is a delinquent youth or a youth in need of supervision intervention and who violates that the youth has violated a term of such probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation shall must be done by filing in the original proceeding a petition styled "petition to revoke probation".

(2)  Petitions to revoke probation shall must be screened, reviewed, and prepared in the same manner and shall must contain the same information as petitions alleging delinquency or need of supervision intervention. Procedures of the Montana Youth Court Act regarding taking into custody and detention shall apply. The petition shall must state the terms of probation alleged to have been violated and the factual basis for such 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 shall 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 supervision intervention. If a youth is found to have violated a term of his probation, the youth court may make any judgment of disposition that could have been made in the original case."



Section 46.  Section 41-5-603, MCA, is amended to read:

"41-5-603.   Youth court and department records. (1) Except as provided in subsection (2), all youth court records on file with the clerk of court, including reports of preliminary inquiries, petitions, motions, other filed pleadings, court findings, verdicts, orders, and decrees, are open to public inspection until the records are sealed under 41-5-604.

(2)  Social, medical, and psychological records, youth assessment materials, predispositional studies, and supervision records of probationers, and any report, charge, or allegation that is not adjudicated pursuant to this chapter are open only to the following:

(a)  the youth court and its professional staff;

(b)  representatives of any agency providing supervision and having legal custody of a youth;

(c)  any other person, by order of the court, having a legitimate interest in the case or in the work of the court;

(d)  any court and its probation and other professional staff or the attorney for a convicted party who had been a party to proceedings in the youth court when considering the sentence to be imposed upon the party;

(e)  the county attorney;

(f)  the youth who is the subject of the report or record, after emancipation or reaching the age of majority;

(g)  a member of a county interdisciplinary child information team formed under 52-2-211 who is not listed in this subsection (2);

(h)  members of a local interagency staffing group provided for in 52-2-203; and

(i)  persons allowed access to the records referred to under 45-5-624(7).

(3)  Any part of records information secured from records listed in subsection (2), when presented to and used by the court in a proceeding under this chapter, must also be made available to the counsel for the parties to the proceedings.

(4)  After youth court and department records, reports of preliminary inquiries, predispositional studies, and supervision records of probationers are sealed, they are not open to inspection except, upon order of the youth court, for good cause to:

(a)  those persons and agencies listed in subsection (2); and

(b)  adult probation professional staff preparing a presentence report on a youth who has reached the age of majority."



Section 47.  Section 41-5-605, MCA, is amended to read:

"41-5-605.   Youth court records -- public record. Except as provided in 41-5-603, all youth court records on file with the clerk of court related to a youth who is alleged or found to be a youth in need of supervision intervention or a delinquent youth are a public record until the record is sealed under 41-5-604."



Section 48.  Section 41-5-703, MCA, is amended to read:

"41-5-703.   Powers and duties of probation officers. (1) A probation officer shall:

(a)  perform the duties set out in 41-5-401;

(b)  make predisposition studies and submit reports and recommendations to the court;

(c)  supervise, assist, and counsel youth placed on probation or under his the probation officer's supervision, including enforcement of the terms of probation or intervention;

(d) assist any public and private community and work projects engaged in by youth to pay fines, make restitution, and pay any other costs ordered by the court that are associated with youth delinquency or need for supervision;

(d)(e)  perform any other functions designated by the court.

(2)  A probation officer shall does not have no power to make arrests or to perform any other law enforcement functions in carrying out his the probation officer's duties except that a probation officer may take into custody any youth who violates either his the youth's probation or a lawful order of the court."



Section 49.  Section 41-5-802, MCA, is amended to read:

"41-5-802.   Shelter care facilities. (1) Counties, cities, or nonprofit corporations may provide by purchase, lease, or otherwise, a shelter care facility.

(2)  A shelter care facility may be used to provide an appropriately physically restricting setting for youth alleged or adjudicated to be a delinquent youth, a youth in need of supervision intervention, or a youth in need of care.

(3)  A shelter care facility must be physically separated from any facility housing adults accused or convicted of criminal offenses.

(4)  State appropriations and federal funds may be received by the counties, cities, or nonprofit corporations for establishment, maintenance, or operation of a shelter care facility.

(5)  A shelter care facility must be furnished in a comfortable manner.

(6)  A shelter care facility may be operated in conjunction with a youth detention facility.

(7) A shelter care facility may permit a school district to use the facility as an alternative education site provided that the school district provides the educational program and personnel necessary to instruct the youth. Public schools shall follow the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., in making education placement decisions for youth with disabilities."



Section 50.  Section 41-5-1004, MCA, is amended to read:

"41-5-1004.   Distribution of grants -- limitation of funding -- restrictions on use. (1) The board shall award grants on an equitable basis, giving preference to services that will 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 detention; or

(b)  on a matching basis in an amount not to exceed:

(i)  75% of the approved cost of providing holdovers, attendant care, and other alternatives to secure detention, except for shelter care. Shelter care costs must be paid as provided by law.

(ii) 50% of the approved cost of programs for the transportation of youth to appropriate detention or shelter care facilities, including regional detention facilities.

(3)  Based on funding available after the board has funded block grants under subsection (2), the board shall, in cases of extreme hardship in which the transfer of youth court cases to the adult system has placed considerable financial strain on a county's resources, award grants to eligible counties to fund up to 75% of the actual costs of secure detention of youth awaiting transfer. Hardship cases will be addressed at the end of the fiscal year and will be awarded by the board based upon a consideration of the applicant county's past 3 years' expenditures for youth detention and upon consideration of the particular case or cases that created the hardship expenditure for which the hardship grant is requested.

(4)  Grants under 41-5-1002 may not be used to pay for the cost of youth evaluations. The cost of evaluations must be paid as provided for in 41-5-523 [section 39]."



Section 51.  Section 41-5-1008, MCA, is amended to read:

"41-5-1008.   Rulemaking authority. The board may adopt rules necessary to implement the provisions of 41-5-103(13), 41-5-812, and 41-5-1001 through 41-5-1008 and to establish requirements for approved holdovers consistent with the definition of holdover provided in 41-5-103."



Section 52.  Section 41-5-1104, MCA, is amended to read:

"41-5-1104.   Disposition in extended jurisdiction prosecutions. (1) If a youth in an extended jurisdiction prosecution pleads guilty to or is found guilty of an offense described in 41-5-1102(1)(b), the court shall:

(a)  impose one or more juvenile dispositions under 41-5-523 or [section 34]; and

(b)  impose an adult criminal sentence, the execution of which must be stayed on the condition that the youth not violate the provisions of the disposition order and not commit a new offense. If the youth violates the conditions of the stay or commits a new offense, the adult criminal sentence must be executed as provided in 41-5-1105.

(2)  Except as provided in subsection (3), if a youth in an extended jurisdiction prosecution is convicted of an offense not described in 41-5-1102(1)(b), the court shall adjudicate the youth delinquent and order a disposition under 41-5-523 [section 34].

(3)  If a youth in an extended jurisdiction prosecution pleads guilty to an offense not described in 41-5-1102(1)(b), the court may impose, with the youth's consent, a disposition provided under subsection (1)(b) of this section. If the youth does not consent to disposition under subsection (1)(b), the court shall impose a disposition as provided under subsection (2)."



Section 53.  Section 41-5-1105, MCA, is amended to read:

"41-5-1105.   Execution of adult sentence -- exception -- transfer to district court. (1)  If a court has imposed on a youth an adult criminal sentence stayed under 41-5-1104(1)(b) 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 and revoke the stay. The court shall notify the youth in writing of the reasons for the revocation.

(2)  (a) If the youth challenges the reasons for the revocation, the court shall hold a summary hearing at which the youth is entitled to be heard and represented by counsel.

(b)  After the hearing, if the court finds by a preponderance of the evidence presented that the conditions of the stay have been violated, the court shall:

(i)  order execution of the sentence imposed under 41-5-1104(1)(b); or

(ii) continue the stay and make written findings regarding the mitigating factors that justify continuing the stay.

(3)  If the stay of an adult sentence is revoked under this section, jurisdiction must be transferred to district court for execution of the sentence, subject to 41-5-206(8) and (9) 41-5-206(6) and (7)."



Section 54.  Section 45-5-624, MCA, is amended to read:

"45-5-624.   Unlawful attempt to purchase or possession of an intoxicating substance -- interference with sentence or court order. (1) A person under the age of 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person's possession an intoxicating substance. The person need not be consuming or in possession of the intoxicating substance at the time of arrest to violate this subsection. A person does not commit the offense if the person consumes or gains possession of the beverage because it was lawfully supplied to the person under 16-6-305 or when in the course of employment it is necessary to possess alcoholic beverages.

(2)  In addition to any disposition by the youth court under 41-5-523, a person under 18 years of age who is convicted of the offense of possession of an intoxicating substance shall:

(a)  for the first offense, be fined an amount not to exceed $100 and:

(i)  have the person's driver's license confiscated by the court for not less than 30 days and not more than 90 days and be ordered not to drive during that period if the person was driving or was otherwise in actual physical control of a motor vehicle when the offense occurred;

(ii) be ordered to perform community service if a community service program is available; and

(iii)   be ordered to complete and pay, either directly with money or indirectly through court-ordered community service, if any is available, all costs of participation in a community-based substance abuse information course, if one is available;

(b)  for a second offense, be fined an amount not to exceed $200 and:

(i)  have the person's driver's license suspended for not less than 60 days and not more than 120 days;

(ii) be ordered to perform community service if a community service program is available; and

(iii) be ordered to complete and pay, either directly with money or indirectly through court-ordered community service, if any is available, all costs of participation in a community-based substance abuse information course, if one is available;

(c)  for a third or subsequent offense, be fined an amount not less than $300 or more than $500 and:

(i)  have the person's driver's license suspended for not less than 120 days and not more than 1 year, except that if the person was driving or was otherwise in actual physical control of a motor vehicle when the offense occurred, have the person's driver's license revoked for 1 year or until the person reaches the age of 18, whichever occurs last;

(ii) be ordered to complete and pay, either directly with money or indirectly through court-ordered community service, if any is available, all costs of participation in a community-based substance abuse information course, if one is available, which may include alcohol or drug treatment, or both, approved by the department of corrections, if determined by the court to be appropriate.

(3)  A person 18 years of age or older who is convicted of the offense of possession of an intoxicating substance shall:

(a)  for a first offense, be fined an amount not to exceed $50 and be ordered to perform community service if a community service program is available;

(b)  for a second offense, be fined an amount not to exceed $100 and:

(i)  be ordered to perform community service if a community service program is available; and

(ii) have the person's driver's license suspended for not more than 60 days if the person was driving or otherwise in actual physical control of a motor vehicle when the offense occurred;

(c)  for a third or subsequent offense, be fined an amount not to exceed $200 and:

(i)  be ordered to perform community service if a community service program is available;

(ii) have the person's driver's license suspended for not more than 120 days if the person was driving or otherwise in actual physical control of a motor vehicle when the offense occurred;

(iii) be ordered to complete an alcohol information course at an alcohol treatment program approved by the department of corrections, which may, in the sentencing court's discretion and upon recommendation of a certified chemical dependency counselor, include alcohol or drug treatment, or both; and

(iv) in the discretion of the court be imprisoned in the county jail for a term not to exceed 6 months.

(4)  A person under the age of 21 years of age commits the offense of attempt to purchase an intoxicating substance if the person knowingly attempts to purchase an alcoholic beverage. A person convicted of attempt to purchase an intoxicating substance shall be fined an amount not to exceed $50 if the person was 18 years of age or older at the time the offense was committed or $100 if the person was under 18 years of age at the time that the offense was committed.

(5)  A defendant who fails to comply with a sentence and is under 21 years of age and was under 18 years of age when the defendant failed to comply must be transferred to the youth court. If proceedings for failure to comply with a sentence are held in the youth court, the offender must be treated as an alleged youth in need of supervision intervention as defined in 41-5-103. The youth court may enter its judgment under 41-5-523.

(6)  A person commits the offense of interference with a sentence or court order if the person purposely or knowingly causes a child or ward to fail to comply with a sentence imposed under this section or a youth court disposition order for a youth found to have violated this section and upon conviction shall be fined $100 or imprisoned in the county jail for 10 days, or both.

(7)  A conviction or youth court adjudication under this section must be reported by the court to the department of justice under 61-11-101 for the purpose of keeping a record of the number of offenses committed but may not be considered part of the person's driving record for insurance purposes unless a second or subsequent conviction or adjudication under this section occurs. (See compiler's comments for contingent termination of certain text.)"



Section 55.  Section 45-5-637, MCA, is amended to read:

"45-5-637.   Tobacco possession or consumption by persons under 18 years of age prohibited -- penalties. (1) A person under 18 years of age who knowingly possesses or consumes a tobacco product, as defined in 16-11-302, commits the offense of possession or consumption of a tobacco product.

(2)  A person convicted of possession or consumption of a tobacco product:

(a)  shall be fined $35 for a first offense, no less than $75 or more than $100 for a second offense, and no less than $100 or more than $250 for a third or subsequent offense; or

(b)  may be adjudicated on a petition alleging the person to be a youth in need of supervision intervention under the provisions of the Montana Youth Court Act provided for in Title 41, chapter 5.

(3)  A person convicted of possession or consumption of a tobacco product may also be required to perform community service or to attend a tobacco cessation program.

(4)  The fines collected under subsection (2) must be deposited to the credit of the general fund of the local government that employs the arresting officer, or if the arresting officer is an officer of the highway patrol, the fines must be credited to the county general fund in the county in which the arrest was made."



Section 56.  Section 46-18-256, MCA, is amended to read:

"46-18-256.   Sexually transmitted disease testing -- test procedure. (1) Following entry of judgment, a person convicted of a sexual offense, as defined in 46-23-502, must, at the request of the victim of the sexual offense or the parent or guardian of the victim, if the victim is a minor, be administered standard testing according to currently accepted protocol, using guidelines established by the centers for disease control, U.S. department of health and human services, to detect in the person the presence of antibodies indicative of the presence of human immunodeficiency virus (HIV) or other sexually transmitted diseases, as defined in 50-18-101.

(2)  Arrangements for the test required by subsection (1) must be made by the county attorney of the county in which the person was convicted. The test must be conducted by a health care provider, as defined in 50-16-504.

(3)  The county attorney of the county in which the person was convicted shall release the information concerning the test results to:

(a)  the convicted person; and

(b)  the victim of the offense committed by the convicted person or to the parent or guardian of the victim if the victim is a minor.

(4)  At the request of the victim of a sexual offense or the parent or guardian of the victim if the victim is a minor, the victim must be provided counseling regarding HIV disease, HIV testing (in accordance with applicable law), and referral for appropriate health care and support services.

(5)  For purposes of this section, "convicted" includes an adjudication, under the provisions of 41-5-521, finding a youth to be a delinquent youth or a youth in need of supervision intervention.

(6)  The provisions of the AIDS Prevention Act, Title 50, chapter 16, part 10, do not apply to this section."



Section 57.  Section 46-24-207, MCA, is amended to read:

"46-24-207.   Victims and witnesses of juvenile felony offenses -- consultation -- notification of proceedings. (1) The attorney general shall ensure that the services and assistance that must be provided under this chapter Title 46, chapter 24, to a victim or witness of a crime are also provided to the victim or witness of a juvenile felony offense.

(2)  In a proceeding filed under Title 41, chapter 5, part 5, the county attorney or a designee shall consult with the victim of a juvenile felony offense or, in the case of a minor victim or a homicide victim, with the victim's family regarding the disposition of the case, including:

(a)  a dismissal of the petition filed under 41-5-501;

(b)  a reduction of the charge to misdemeanor;

(c)  the release of the youth from detention or shelter care pending the adjudicatory hearing; and

(d)  the disposition of the youth.

(3)  (a) Whenever possible, a person described in subsection (3)(b) who provides the youth court appropriate agency with a current address and telephone number must receive prompt advance notification of youth court case proceedings, including:

(i)  the filing of a petition under 41-5-501;

(ii) the release of the youth from detention or shelter care; and

(iii) proceedings in the adjudication of the petition, including, when applicable, entry of a consent decree under 41-5-524, the setting of a date for the adjudicatory hearing under 41-5-521, the setting of a date for the dispositional hearing under 41-5-522, the disposition made, and the release of the youth from a youth correctional facility.

(b)  A person entitled to notification under this subsection (3) must be a victim, as defined in 41-5-103, of a juvenile felony offense, an adult relative of the victim if the victim is a minor, or an adult relative of a homicide victim.

(c)  The county attorney or a designee that provides the consultation regarding the disposition of a case required in subsection (2) shall give the victim the opportunity to provide the victim's current telephone number and address and shall provide the victim with the name and address of the agency or agencies responsible for operation of youth detention, correctional, or shelter care facilities that are responsible for the custody of the youth.

(d) The court appropriate official or agency shall provide to the department the list of people entitled to the notification under required by this subsection (3), and the department is responsible to provide the notification in the same manner as required for offenses committed by adults.

(4)  For purposes of this section, "juvenile felony offense" means an offense committed by a juvenile that, if committed by an adult, would constitute a felony offense. The term includes any offense for which a juvenile may be declared a serious juvenile offender, as defined in 41-5-103."



Section 58.  Section 52-2-211, MCA, is amended to read:

"52-2-211.   County interdisciplinary child information team. (1) The following persons and agencies operating within a county may by written agreement form a county interdisciplinary child information team:

(a)  the youth court;

(b)  the county attorney;

(c)  the department of public health and human services;

(d)  the county superintendent of schools;

(e)  the sheriff;

(f)  the chief of any police force;

(g)  the superintendents of public school districts; and

(h)  the department of corrections.

(2)  The persons and agencies signing a written agreement under subsection (1) may by majority vote allow the following persons to sign the written agreement and join the information team:

(a)  physicians, psychologists, psychiatrists, nurses, and other providers of medical and mental health care;

(b)  entities operating private elementary and secondary schools;

(c)  attorneys; and

(d)  a person or entity that has or may have a legitimate interest in one or more children that the information team will serve.

(3)  (a) The members of the information team or their designees may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or children with a particular type of problem or for any other purpose. Auxiliary teams are subject to the written agreement.

(b) A member of an auxiliary team must be a person who has personal knowledge of or experience with the child or children in the member's respective field.

(4)  The purpose of the team and written agreement is to facilitate the exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions and occupations, including but not limited to abused, or neglected, and delinquent children, delinquent youth, and youth in need of supervision intervention. Information regarding a child that a team member supplies to other team members or that is disseminated to a team member under 41-3-205 or 41-5-603(2) may not be disseminated beyond the team.

(5)  The terms of the written agreement must provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, and any other matters necessary to the purpose and functions of the team.

(6) The terms of the written agreement must state how the team will coordinate its efforts with interdisciplinary child protective teams as provided in 41-3-108 and youth placement committees as provided for in 41-5-525.

(7) To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication of a youth in youth court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release education records to the team. The terms of the written agreement described in subsection (5) must include a requirement that the officials and authorities to whom the information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent or guardian of the student."



Section 59.  Section 52-5-101, MCA, is amended to read:

"52-5-101.   Establishment of state youth correctional facilities -- prohibitions. (1) The department of corrections, within the annual or biennial budgetary appropriation, may establish, maintain, and operate facilities to properly diagnose, care for, train, educate, and rehabilitate provide custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development for youth in need of these services. The youth must be 10 years of age or older and under 19 18 years of age. The facilities include but are not limited to the state youth correctional facilities at the Mountain View school in Helena and the Pine Hills school in Miles City.

(2)  A youth alleged or found to be a youth in need of supervision intervention may not be placed in a state youth correctional facility as defined in 41-5-103."



Section 60.  Section 52-5-102, MCA, is amended to read:

"52-5-102.   Control and management of youth correctional facilities. The facilities provided for in 52-5-101 shall exercise their functions under the supervision and general management of the department of corrections. Except where otherwise provided by law, the department by rules shall establish standards of care and policies of admission, transfers, discharge, and aftercare parole supervision in order to provide adequate care for children and adequate service to the courts. Policies of admission may include criteria for medical examinations required under 52-5-108. The department shall develop special programs within each facility which that are adaptable to the particular needs of its operation."



Section 61.  Section 52-5-103, MCA, is amended to read:

"52-5-103.   Cooperative agreements for services with governing body of Indian tribe. (1) The department of corrections may enter into agreements with the governing body of an Indian tribe within the state for residential, educational, evaluation, and aftercare parole services maintained by the department for children who have been adjudicated delinquent by the tribal court, subject to the provisions of this part and parts 1 and 2 of Title 53, chapter 1.

(2)  Any agreement entered into under subsection (1) must also satisfy the requirements of Title 18, chapter 11."



Section 62.  Section 52-5-107, MCA, is amended to read:

"52-5-107.   Maximum age of commitment. A child youth who has attained the age of 18 years of age may not be committed by any youth court to the department of corrections, except, however, that any person under 19 years who prior to attaining the age of 18 years came under the jurisdiction of the youth court by reason of delinquent conduct and whose adjudication of delinquency is not made until after the child reaches the age of 18 years may be committed to the department of corrections."



Section 63.  Section 52-5-111, MCA, is amended to read:

"52-5-111.   Commutation of sentence to state prison facility and transfer of prisoner to youth correctional facility. (1) Upon the application of a person under 19 years of age who has not attained 18 years of age who has been sentenced to the a state prison facility or upon the application of the youth's parents or guardian, the governor may, after consulting with the department of corrections and with the approval of the board of pardons and parole, commute the sentence by committing the person who may benefit from programs offered at a youth correctional facility to the department of corrections until the youth is 19 18 years of age or until sooner placed or discharged.

(2)  If the person's youth's behavior after being committed to the department of corrections indicates that the youth is not a proper person to reside at one of the youth correctional facilities, the governor, after consulting with the department of corrections and with the approval of the board of pardons and parole, may revoke the commutation and return the youth to the a state prison facility to serve out the youth's unexpired term, and the time spent by the youth at one of the youth correctional facilities or while a refugee from one of the youth correctional facilities is not considered as a part of the youth's original sentence.

(3)  Upon recommendation of the warden and with the approval of the department of corrections, a person under 19 18 years of age who has been sentenced to the a state prison facility and who may benefit from programs offered at a youth correctional facility may be transferred to any youth correctional facility under the jurisdiction and control of the department of corrections.

(4)  If the person's youth's behavior after transfer to a youth correctional facility indicates that the youth might be released on parole or that the youth's sentence might be commuted and the youth be discharged from custody, the superintendent of the facility, with the approval of the department of corrections, may make an appropriate recommendation to the board of pardons and parole and the governor, who may in their discretion parole the person or commute the youth's sentence.

(5)  If the person's youth's behavior after transfer to a youth correctional facility indicates that the youth is not a proper person to reside in the facility, upon recommendation of the superintendent and with the approval of the department of corrections, the youth must be returned to the a state prison facility to serve out the unexpired term."



Section 64.  Section 52-5-113, MCA, is amended to read:

"52-5-113.   Apprehension and Publication of information to facilitate return of youth leaving a state youth correctional facility or program without permission. A youth who has left a youth correctional facility of the department of corrections without permission may be apprehended and returned by any citizen. The term "youth correctional facility of the department" means any facility under the supervision and control of the department of corrections that has as its primary function the care, training, custody, and control of youth and specifically includes the Pine Hills school for boys and the Mountain View school for girls. The department may publish the name and picture of and the offense and other information relating to a youth who has left a state youth correctional facility or program operated by the department or who is committed to the department and who presents a threat to public safety if the publication is determined by the department to be necessary to facilitate the youth's return and to protect the public."



Section 65.  Section 52-5-126, MCA, is amended to read:

"52-5-126.   Youth aftercare parole agreement. (1) A youth released by the department of corrections from one of the state youth correctional facilities to the supervision, custody, and control of the department shall, before the youth's release, sign an aftercare a parole agreement containing:

(a)  a statement of the terms and conditions of the release, including a list of the acts that, if committed by the youth, may result in a return to the facility; and

(b)  a statement that if the department or any person alleges any violation of the terms and conditions of the agreement, the youth is entitled to a hearing as provided for in 52-5-129 before being returned to the facility.

(2)  A youth released from a state youth correctional facility for commitment to a mental health facility pursuant to Title 53, chapter 21, part 1, shall sign an aftercare a parole agreement that will remain in effect until the department no longer has custody of the youth."



Section 66.  Section 52-5-127, MCA, is amended to read:

"52-5-127.   Control over youth released under aftercare parole agreement. The department of corrections has control over a youth released pursuant to a parole agreement under 52-5-126 until the youth attains the age of 19 18 years of age unless the youth is discharged by the department before age 19 18. However, the youth is subject to the continuing jurisdiction of the youth courts of Montana, pursuant to 41-5-205, for acts committed by the youth while under the control of the department."



Section 67.   Section 52-5-128, MCA, is amended to read:

"52-5-128.   Detention of youth who violates aftercare parole agreement. A youth who violates the terms and conditions of the youth's aftercare parole agreement or who escapes from a state youth correctional facility or program operated by the department may be detained by the department of corrections or by a law officer of the state, county, or city of the state upon certificates notice in writing to the officer by the department to the effect that the youth has violated the terms and conditions of the youth's aftercare parole agreement or has escaped from a state youth correctional facility or program operated by the department."



Section 68.  Section 52-5-129, MCA, is amended to read:

"52-5-129.   Hearing on alleged violation of aftercare parole agreement -- right to appeal outcome. (1) When it is alleged by an aftercare counselor a juvenile parole officer that a youth has violated the terms of the youth's aftercare parole agreement, the youth must be granted a hearing at the site of the alleged violation or in the county in which the youth is residing or is found within 10 days after notice has been served on the youth or the youth is detained, whichever is earlier. At the discretion of the hearings officer, this hearing may be held by means of interactive video transmission. The purpose of the hearing is to determine whether the youth committed the violation and, if so, whether the violation is of such a nature that the youth should be returned to the youth correctional facility from which the youth was released or whether a different plan for treatment custody and supervision of the youth should be pursued by the department of corrections.

(2)  The youth, upon advice of an attorney, may waive the right to a hearing.

(3)  With regard to this hearing, the youth must be given:

(a)  written notice of the alleged violation of the aftercare parole agreement, including notice of the purpose of the hearing;

(b)  disclosure of the evidence against the youth and the facts constituting the alleged violation;

(c)  opportunity to be heard in person or by interactive video transmission and to present witnesses and documentary evidence to controvert the evidence against the youth and to show that there are compelling reasons that justify or mitigate the violation;

(d)  opportunity to have the referee subpoena witnesses;

(e)  the right to confront and cross-examine adverse witnesses in person or by means of interactive video transmission;

(f)  the right to be represented by an attorney;

(g)  a record of the hearing; and

(h)  notice that a written statement as to the evidence relied upon in reaching the final decision and the reasons for the final decision will be provided by the referee hearings officer.

(4)  The department shall appoint a referee, who may not be an employee of the department, provide a hearings officer to conduct the hearing. In the conduct of the hearing, the department may request the county attorney's assistance as necessary. The department shall adopt rules necessary to effect a prompt and full review.

(5)  If the referee hearings officer finds, by a preponderance of the evidence, that the youth did in fact commit the violation, the referee hearings officer shall make a recommendation to the department for the placement of the youth. In making this recommendation, the referee hearings officer may consider mitigating or aggravating circumstances. Final approval rests with the department and must be made within 10 days of the referee's recommendation. The youth or the youth's attorney may appeal the hearings officer's decision to the department director. The appeal must be made in writing within 5 days of the hearing. The department director or designee shall grant or deny the appeal within 5 days of receipt of the appeal.

(6)  The youth may appeal from the decision at the hearing of the department director to the district court of the county in which the hearing was held by serving and filing a notice of appeal with the court within 10 days of the department's department director's decision. The youth may obtain a written transcript of the hearing from the department by giving written notice of appeal. The district court, upon receipt of a notice of appeal, shall order the department to promptly certify to the court a record of all proceedings before the department and shall proceed to a prompt hearing on the appeal based upon the record on appeal. The decision of the department may not be altered except for abuse of discretion or manifest injustice.

(7)  Pending the hearing on a violation and pending the department's decision, a youth may not be detained except when the youth's detention or care is required to protect the person or property of the youth or of others or the youth may abscond or be removed from the community. The department shall determine the place and manner of detention and is responsible for the cost of the detention. Procedures for taking into custody and detention of a youth charged with violation of the youth's aftercare parole agreement are as provided in 41-5-303, 41-5-306, 41-5-311, and 41-5-314.

(8)  If the decision is made to return the youth to the youth correctional facility from which the youth was released and the youth appeals that decision, the youth shall await the outcome of the appeal at the facility."



Section 69.  Section 53-1-201, MCA, is amended to read:

"53-1-201.   Purpose of department of corrections. The department of corrections shall utilize use at maximum efficiency the resources of state government in a coordinated effort to:

(1)  develop and maintain comprehensive services and programs in the field of adult and youth corrections; and

(2)  provide for the care, protection, and mental and physical development custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth alleged to be youth in need of supervision intervention or delinquent youth who are referred or committed to the department."



Section 70.  Section 53-1-203, MCA, is amended to read:

"53-1-203.   Powers and duties of department of corrections. (1) The department of corrections shall:

(a)  adopt rules necessary to carry out the purposes of 41-5-527 through 41-5-529 and rules for the admission, custody, transfer, and release of persons in department programs except as otherwise provided by law. However, rules adopted by the department may not amend or alter the statutory powers and duties of the state board of pardons and parole.

(b)  subject to the functions of the department of administration, lease or purchase lands for use by institutions and classify those lands to determine those that may be most profitably used for agricultural purposes, taking into consideration the needs of all institutions for the food products that can be grown or produced on the lands and the relative value of agricultural programs in the treatment or rehabilitation of the persons confined in the institutions;

(c)  contract with private, nonprofit Montana corporations to establish and maintain community-based prerelease centers for purposes of preparing inmates of the Montana state prison who are approaching parole eligibility or discharge for release into the community. The centers shall provide a less restrictive environment than the prison while maintaining adequate security. The centers must be operated in coordination with other department correctional programs, including the supervised release program provided for in Title 46, chapter 23, part 4. This subsection does not affect the department's authority to operate and maintain community-based prerelease centers.

(d)  utilize the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;

(e)  propose programs to the legislature to meet the projected long-range needs of institutions, including programs and facilities for the diagnosis, treatment, care, and aftercare parole of persons placed in institutions;

(f)  encourage the establishment of programs at the local and institutional level for the rehabilitation and education of adult felony offenders;

(g)  administer all state and federal funds allocated to the department for youth in need of supervision intervention and delinquent youth, as defined in 41-5-103;

(h)  collect and disseminate information relating to youth in need of supervision intervention and delinquent youth;

(i)  maintain adequate data on placements that it funds in order to keep the legislature properly informed of the specific information, by category, related to youth in need of supervision intervention and delinquent youth in out-of-home care facilities;

(j)  provide funding for and place youth who are alleged or adjudicated to be delinquent or in need of supervision intervention and who are referred or committed to the department;

(k)  administer youth correctional facilities;

(l)  provide supervision, care, and control of youth released from a state youth correctional facility; and

(m)  use to maximum efficiency the resources of state government in a coordinated effort to:

(i)  provide for children in need of temporary protection or correctional services; and

(ii) coordinate and apply the principles of modern institutional administration to the institutions in the department.

(2)  The department and a private, nonprofit Montana corporation may not enter into a contract under subsection (1)(c) for a period that exceeds 10 years. The provisions of 18-3-104 and 18-4-313 that limit the term of a contract do not apply to a contract authorized by subsection (1)(c).

(3)  The department of corrections may enter into contracts with nonprofit corporations or associations or private organizations to provide substitute care for youth in need of supervision intervention and delinquent youth in youth care facilities."



Section 71.  Section 53-21-506, MCA, is amended to read:

"53-21-506.   No commitment to Montana state hospital. An individual less than who is under 18 years of age may not be voluntarily admitted or committed by a court to the Montana state hospital unless such individual is transferred to an information has been filed in district court pursuant to 41-5-206."



Section 72.  Designation of assessment officers -- qualifications -- salary -- duties. (1) The youth court judge of each judicial district may appoint and supervise the necessary assessment officers as are required to carry out the purpose and intent of this chapter. The qualifications for assessment officers must be established by the appointing judge. Assessment officers are county employees, and assessment officers' salaries must be fixed by the judge. An assessment officer may work out of the local police department or other local law enforcement office.

(2) An assessment officer shall perform the duties set out in 41-5-301 and 41-5-401.

(3) Proceedings under 41-5-301 and 41-5-401 that are held prior to adjudication satisfy the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release education records to assessment officers. The assessment officer is responsible for ensuring that officials and authorities to whom such information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent of the student.



Section 73.  Intervention in delinquency pilot program -- department study of youth placement costs -- development of incremental scale -- report to legislature -- department responsibilities. (1) The department of corrections may conduct a pilot project, the results of which may be used as the basis for developing the incremental costs scale provided for in subsection (3). As a part of the pilot project, the department may identify each judicial district as a high-spending district, an average-spending district, or a low-spending district for youth placements. The department may analyze each category of district and identify the reasons for the spending characteristics in each category of district, such as types of youth, types of crimes committed, effectiveness of programs (including but not limited to the rates of recidivism), community sentiment, availability or lack of availability of placements, length of stay in placements, and case management. The department may target the high-spending districts and work with them in identifying and creating appropriate, lower-cost, and less restrictive placements.

(2) The department may create an account for a high-spending rural judicial district and a high-spending urban judicial district that is based on expenditures for fiscal year 1996 and fiscal year 1997 and may credit each with a proportion of appropriated placement funds. The proportionate share of the appropriations must be based on the types of youth, types of placements, youth population from 10 to 18 years of age, and a measure of the youth crime rate. The department may work with the regional supervisor, the chief juvenile probation officer, and the youth placement committees in the respective judicial districts to educate them regarding their allocation, to identify all potential placements and funding sources, and to consider the lowest-cost option that is in the best interests of the youth, the victim, and the safety of the community.

(3) The department may study the expenditures for placements for youth offenders for the fiscal years 1996, 1997, and 1998 and develop an incremental costs scale for the purposes of developing a system to charge each judicial district account with the costs of a placement and to credit a judicial district account for using the least restrictive placements and developing community-based programs. The proportional share allocated to each judicial district must be based on the types of youth, types of placements, youth population from 10 to 18 years of age, and a measure of the youth crime rate.

(4) If the department conducts a pilot program under this section, the department shall present a proposal to the 56th legislature that includes the following elements:

(a) The information gathered from the pilot program, as provided in subsections (2) and (3), must be used in the development of the incremental costs scale.

(b) There must be a recommendation for a method to return any balance remaining at the end of a fiscal year to the judicial districts for the explicit purposes of developing additional community programs for youth court purposes.

(c) The assumptions in subsection (5) must be incorporated as a part of the proposed incremental costs scale.

(d) There must be a recommendation and justification for whether to include the state youth correctional facilities and correctional facilities and programs operated by the department in the incremental costs scale.

(5) For purposes of a pilot program, the department shall assume that the department is responsible for:

(a) the payment of residential and treatment costs for adjudicated youth placed in an out-of-home residence or committed to the department for purposes of funding a private residential placement under 41-5-523 or [section 34];

(b) all placement costs of a youth adjudicated in youth court for an offense listed in 41-5-206;

(c) education costs as provided in 20-5-323 and Title 20, chapter 7, part 4; and

(d) treatment costs that are over and above the costs of treatment for which the:

(i) youth is qualified under the public mental health system and medicaid; and

(ii) parent or guardian has third-party coverage.

(6) If the department conducts a pilot program under this section, the department shall prepare a summary of the results of the study and report to the 56th legislature.



Section 74.  Repealer. Section 41-5-310, MCA, is repealed.



Section 75.  Funding coordination. For the purposes of Title 1, chapter 2, part 1, the funding for this bill is contained in __ Bill No. __ [LC 228].



Section 76.  Directions to code commissioner. Wherever a reference to "youth in need of supervision" appears in the Montana Code Annotated or in legislation enacted by the 1997 legislature, the code commissioner is directed to change it to an appropriate reference to "youth in need of intervention".



Section 77. Codification instruction. (1) [Sections 32 and 34 through 41] are intended to be codified as an integral part of Title 41, chapter 5, and the provisions of Title 41, chapter 5, apply to [sections 32 and 34 through 41].

(2) Section 46-24-207 is intended to be renumbered and codified as an integral part of Title 41, chapter 5, part 5.

(3) [Section 72] is intended to be codified as an integral part of Title 41, chapter 5, part 7, and the provisions of Title 41, chapter 5, part 7, apply to [section 72].



Section 78.  Coordination instruction. (1) If House Bill No. 502 is passed and approved and if it deletes the definition of "seriously mentally ill" and substitutes "mental disorder", then:

(a) the section in House Bill No. 502 amending section 41-5-523 is void;

(b) the phrase "seriously mentally ill, as defined in 53-21-102" in this bill must be substituted with "found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1)"; and

(c) [section 36 of this act] must read as follows:

"NEW SECTION. Section  36.  Disposition -- 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 state youth correctional facility.

(3) 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 state youth 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."

(2) If both Senate Bill No. 99 and this bill are passed and approved and if Senate Bill No. 99 includes a section that amends 41-5-206, then that section of Senate Bill No. 99 amending 41-5-206 is void and the amendments to 41-5-205 in this bill are void.

(3) If Senate Bill No. 110 and this bill are both passed and approved, then the sections amending 41-5-403 and 41-5-523 in Senate Bill No. 110 are void and [section 40] of the third reading copy of this bill must read:

"NEW SECTION. Section 40.  Contribution for costs -- order for contribution -- exceptions -- collection. (1) If a youth is placed in substitute care, a youth assessment center, or detention requiring payment by any state or local government agency or committed to the department, the court shall examine the financial ability of the youth's parents or guardians to pay a contribution covering all or part of the costs for the adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, and treatment of the youth, including the costs of necessary medical, dental, and other health care.

(2) If the court determines that the youth's parents or guardians are financially able to pay a contribution for adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, or supervision as provided in subsection (1), the court shall order the youth's parents or guardians to pay a specified amount. The order must state to which state or local government agency all or a part of the contribution is due and in what order the payments must be made.

(3) If the court determines that the youth's parents or guardians are financially able to pay a contribution attributable to care, custody, and treatment as provided in subsection (1), the court shall order the youth's parents or guardians to pay a specified amount or an amount determined by the department of public health and human services. In either case, the amount must be based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.

(4) A parent's or guardian's liability for contributions begins to accrue from the date the youth is removed from the home and continues until the youth is returned to the parent or guardian, the youth becomes emancipated, or the liability is terminated by order of the court.

(5) (a) A parent or guardian who is ordered to pay a contribution for a youth under subsection (3) assigns to the state agency all rights to a child support order for that youth that are not otherwise assigned under 53-2-613. The assignment of a child support obligation:

(i) is effective for both current and accrued support;

(ii) takes effect on the date the youth is placed in substitute care; and

(iii) remains in effect for as long as the youth lawfully remains in substitute care and until all arrears that are owed prior to the termination of substitute care are paid.

(b) The assigned child support obligation is in addition to the parent's or guardian's contribution determined under subsection (3) or (9), if applicable.

(c) The assigned child support obligation may be retained by the state agency with financial responsibility for the youth in an amount sufficient to reimburse the costs for the substitute care that remain after the obligation has been satisfied.

(6) (a) Except as provided in subsection (6)(b), contributions ordered under subsection (3) and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.

(b)  A court-ordered exception from contributions under this section must be in writing and must be included in the order. An exception from the immediate income withholding requirement may be granted if the court finds that there is:

(i)  good cause not to require immediate income withholding; or

(ii) an alternative arrangement between the state agency and the person who is ordered to pay contributions.

(c)  A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:

(i)  a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the youth; and

(ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.

(d)  An alternative arrangement must:

(i)  provide sufficient security to ensure compliance with the arrangement;

(ii) be in writing and be signed by a representative of the department and the person required to make contributions; and

(iii) if approved by the court, be entered into the record of the proceeding.

(7) Upon a showing of a change in the financial ability of the youth's parent or guardian to pay, the court may modify its order for the payment of contributions required under subsection (2) or (3) or the parent or guardian may apply to the department of public health and human services for an administrative modification for the payment of a contribution required under subsection (3) as provided in Title 40, chapter 5, part 2. A modification for the payment of a contribution required under subsection (3) must be based upon the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.

(8) (a) If the court orders the payment of contributions under subsection (3) or the department of public health and human services orders the payment of contributions under subsection (9), the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.

(b)  The department of public health and human services may collect and enforce a contribution order under subsection (3) and the assignment of a child support order, if applicable, by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4.

(9) Upon a court order for commitment to the department that does not contain an amount of a contribution or a referral by the court for the department of public health and human services to determine an amount of a contribution as provided in subsection (3), the department may refer the matter to the department of public health and human services to determine, establish, and order the youth's parent or guardian to pay the contribution provided for in subsection (3) using the procedure provided in Title 40, chapter 5, part 2, for establishing a child support order. The department of public health and human services shall provide support enforcement services for contribution orders established under subsection (3)."

(4) If Senate Bill No. 6 and [this act] are both passed and approved, then subsection (3) of 45-8-318 must be amended to read as follows:

"(3) The youth court has jurisdiction of any violation of subsection (1)(b) unless a youth's case is transferred to the charge is filed in district court, in which case the district court has jurisdiction."

(5) If House Bill No. 114 and [this act] are both passed and approved, then:

(a) [section 6(3)] of the coordination instruction in House Bill No. 114 is void; and

(b) [section 9] of the coordination instruction in House Bill No. 114 must read as follows:

"NEW SECTION. Section 9.  Informal disposition. (1) After a preliminary inquiry under 41-5-301, the probation officer or assessment officer upon determining that further action is required and that referral to the county attorney is not required may:

(a)  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

(b)  provide for treatment or adjustment involving probation or other disposition authorized under 41-5-401 through 41-5-403 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 probation officer or assessment officer proceeds no further unless authorized by the county attorney.

(2) The juvenile probation officer or assessment officer shall collect the following information regarding a youth if the youth is alleged to be a delinquent youth and if the probation officer or assessment officer determines that the matter should be referred to the county attorney for filing a petition in youth court:

(a) biographical data;

(b) a description of prior and current offenses, including criminal history;

(c) a listing of known or suspected associates;

(d) any gang or drug involvement;

(e) field investigation data;

(f) motor vehicle ownership and offense data, if any;

(g) whether the youth is a suspect in other criminal investigations;

(h) history of any victimization of others by the youth;

(i) the youth's status offense history;

(j) existence of active warrants;

(k) school, employment, and family histories;

(l) social and medical services histories;

(m) prior conduct in a youth detention or correctional facility, if any."

(c) [section 46(1)] of the coordination instruction in House Bill No. 114 must read as follows:

"(1) The 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."



Section 79.  Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].



Section 80. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.



Section 81.  Effective date. [This act] is effective July 1, 1997.



Section 82. Termination. [Section 73] terminates December 31, 1998.

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