House Bill No. 264

Introduced By molnar, bergman, mcgee, miller

A Bill for an Act entitled: An Act requiring the youth court to notify a school OF THE IDENTITY OF A STUDENT WHO FOR A SECOND OR SUBSEQUENT TIME ADMITS VIOLATING OR IS ADJUDICATED AS HAVING VIOLATED A STATUTE; and amending section 41-5-603, MCA.

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

Section 1.  Section 41-5-603, MCA, is amended to read:

"41-5-603.   Youth court and department records -- notification of school. (1) Except as provided in subsection (2) 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, predispositional studies, 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 under 45-5-624(7).

(3) In all cases, a victim is entitled to all information concerning the identity and disposition of the youth, as provided in 46-24-207.

(4) The identity of a youth who for the second or subsequent time admits violating or is adjudicated as having violated a statute must be disclosed by youth court officials to the administrative officials of the school in which the youth is a student. The administrative officials may enforce any school disciplinary procedures that existed at the time of the admission or adjudication. The information may not be further disclosed and may not be made part of the student's permanent records.

(3)(5)  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)(6)  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) subsection (2); and

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