HOUSE BILL NO. 143

INTRODUCED BY SOMERVILLE R

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A YOUTH COURT OR OTHER COURT WITH JURISDICTION OVER A YOUTH TO ESTABLISH AN INFORMAL PEER COURT TO WHICH THE COURT MAY REFER A YOUTH FOR INFORMAL DISPOSITION; PROVIDING FOR OPERATION OF THE PEER COURT; AND AMENDING SECTIONS 41-5-1205 AND 41-5-1303, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Consent disposition by peer court without petition. (1) Before a petition is filed with the youth court or before a complaint is filed with respect to a violation referred to in 41-5-203(2) and with the consent of the youth, the youth court or court referred to in 41-5-203(2) may refer the youth to an informal peer court if it appears that:

(a) facts admitted by the youth bring the case within the jurisdiction of the referring court; and

(b) counsel, advice, and a disposition by the peer court without filing a petition or complaint would be in the best interests of the youth and the public.

(2) A youth court or court referred to in 41-5-203(2) may establish a peer court to which youths may be referred by the court under subsection (1). Members of the peer court serve at the pleasure of the court that established it and are not entitled to compensation or expenses. The peer court shall operate under procedural rules established by the peer court. The court that established the peer court may advise the peer court on the rules. The peer court may make any reasonable disposition of the youth, except that it may not make a disposition convicting the youth of a crime or imposing a criminal penalty or requiring the expenditure of money by or supervision of the youth by a local or state government agency unless the agency consents to the disposition.

(3) A peer court disposition must be consented to by the youth, reduced to writing, and signed by the youth and the youth's parents or the person having legal custody of the youth.

Section 2. Section 41-5-1205, MCA, is amended to read:

"41-5-1205. Preliminary inquiry -- dispositions available to probation officer. Upon determining that further action is required after a preliminary inquiry under 41-5-1201, the probation officer or assessment officer may:

(1) arrange informal disposition as provided in 41-5-1301;

(2) recommend that the appropriate court refer the youth to a peer court, as provided in [section 1]; or

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

Section 3. Section 41-5-1303, MCA, is amended to read:

"41-5-1303. Communications privileged. An incriminating statement relating to any act or omission constituting delinquency or need of intervention made by the youth in a proceeding under 41-5-1302 or [section 1] or in the discussions or conferences incident to the proceeding may not be used against the youth in any other proceeding under this chapter or in any criminal proceeding against the youth. This section does not apply to the use of voluntary and reliable statements that are offered for impeachment purposes."

NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 41, chapter 5, part 13, and the provisions of Title 41, chapter 5, apply to [section 1].

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