Montana Code Annotated 1997

MCA ContentsSearchPart Contents


     41-5-1301. Informal disposition. (1) After a preliminary inquiry under 41-5-1201, 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 41-5-1302 through 41-5-1304 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.

     History: En. Sec. 9, Ch. 286, L. 1997, and Sec. 78(5)(b), Ch. 550, L. 1997.

Previous SectionHelpNext Section
Provided by Montana Legislative Services