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SENATE BILL NO. 481
INTRODUCED BY F. THOMAS, J. SHOCKLEY
AN ACT DEFINING THE TERM "JUVENILE HOME ARREST OFFICER"; PROVIDING THAT A JUVENILE HOME ARREST OFFICER MAY TAKE A YOUTH INTO CUSTODY UPON VIOLATION OF A PLACEMENT UNDER THE HOME ARREST PROGRAM; PROVIDING FOR A PROBABLE CAUSE HEARING; AMENDING SECTIONS 41-5-103, 41-5-321, AND 41-5-332, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. 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.
(4) "Commit" means to transfer to legal custody.
(5) "Correctional facility" means a public or private residential facility used for the placement of delinquent youth or individuals convicted of criminal offenses.
(6) "Court", when used without further qualification, means the youth court of the district court.
(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.
(8) "Delinquent youth" means a youth who is adjudicated under formal proceedings under the Montana Youth Court Act as a youth:
(a) who has committed an offense that, if committed by an adult, would constitute a criminal offense; or
(b) who has been placed on probation as a delinquent youth or a youth in need of intervention and who has violated any condition of probation.
(9) "Department" means the department of corrections provided for in 2-15-2301.
(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.
(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.
(13) "Final disposition" means the implementation of a court order for the disposition or placement of a youth as provided in 41-5-1422, 41-5-1503, 41-5-1504, 41-5-1512, 41-5-1513, and 41-5-1522 through 41-5-1525.
(14) "Foster home" means a private residence licensed by the department of public health and human services for placement of a youth.
(15) "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.
(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.
(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.
(19) "Judge", when used without further qualification, means the judge of the youth court.
(20) "Juvenile home arrest officer" means a court-appointed officer administering or supervising juveniles in a program for home arrest, as provided for in Title 46, chapter 18, part 10.
(20)(21) (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.
(21)(22) "Necessary parties" includes the youth and the youth's parents, guardian, custodian, or spouse. (22)(23) "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. (23)(24) "Probable cause hearing" means the hearing provided for in 41-5-332. (24)(25) "Regional detention facility" means a youth detention facility established and maintained by two or more
counties, as authorized in 41-5-1804. (25)(26) "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 a consent adjustment, consent decree, or other youth court order. (26)(27) "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. (27)(28) "Secure detention facility" means 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.
(28)(29) "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. (29)(30) "Shelter care" means the temporary substitute care of youth in physically unrestricting facilities. (30)(31) "Shelter care facility" means a facility used for the shelter care of youth. The term is limited to the facilities
enumerated in 41-5-344. (31)(32) "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 10 days excluding weekends and legal holidays, pending a probable
cause hearing, release, or transfer of the youth to an appropriate detention facility, youth assessment center, or shelter care
facility. (32)(33) "State youth correctional facility" means a residential facility used for the placement and rehabilitation of
delinquent youth, such as the Pine Hills youth correctional facility in Miles City. (33)(34) "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 guardians. (34)(35) "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) (35)(a), if the victim is a minor; and
(c) an adult relative of a homicide victim.
(35)(36) "Youth" means an individual who is less than 18 years of age without regard to sex or emancipation. (36)(37) "Youth assessment" means a multidisciplinary assessment of a youth as provided in 41-5-1201. (37)(38) "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)(39) "Youth care facility" has the meaning provided in 41-3-1102. (39)(40) "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 intervention, or a youth in need of care and includes the youth court
judge, probation officers, and assessment officers. (40)(41) "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.
(41)(42) "Youth in need of care" has the meaning provided for in 41-3-102. (42)(43) "Youth in need of 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
(a) violates any Montana municipal or state law regarding alcoholic beverages;
(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 intervention."
Section 2. Section 41-5-321, MCA, is amended to read:
"41-5-321. Taking into custody. (1) A youth may be taken into custody under the following circumstances:
(a) by a law enforcement officer pursuant to a lawful order or process of any court;
(b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;
(c) by a law enforcement officer, agent of the department, county attorney, or a person or physician treating a youth when there is reason to believe the youth is a youth in need of care and that the residence of the youth or the custody by the person legally responsible for the youth presents an imminent danger to the life or health of the youth;
(d) by a juvenile home arrest officer or an officer listed in subsections (1)(a) through (1)(c) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.
(2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States."
Section 3. Section 41-5-332, MCA, is amended to read:
"41-5-332. Custody -- hearing for probable cause. (1) When a youth is taken into custody for questioning, a hearing to determine whether there is probable cause to believe the youth is a delinquent youth or a youth in need of intervention must be held within 24 hours, excluding weekends and legal holidays. A hearing is not required if the youth is released prior to the time of the required hearing.
(2) When a youth is taken into custody for a violation of placement under a home arrest program, a hearing to determine whether a violation occurred must be held within 24 hours, excluding weekends and holidays.
(2)(3) The probable cause hearing required under subsection (1) 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. (3)(4) A probable cause hearing may be conducted by telephone if other means of conducting the hearing are
impractical. All written orders and findings of the court in a hearing conducted by telephone must bear the name of the
judge or magistrate presiding in the case and the hour and date the order or findings were issued."
Section 4. Effective date. [This act] is effective July 1, 1999.
- END -
Latest Version of SB 481 (SB0481.ENR)
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