Montana Code Annotated 2023



Part 15. Formal Proceeding -- Hearing -- Disposition

Commitment To Department -- Restrictions On Placement

41-5-1522. 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 while the youth is in a correctional facility or other program operated by or under contract with the department after considering the recommendations made by the youth placement committee if a committee has been established as provided for in 41-5-121. Placement is subject to the following limitations:

(1) A youth may not be held in a 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.

(2) A youth may not be placed in or transferred to a correctional facility that does not provide sight and sound separation from adult offenders as required in 28 CFR 115.14.

(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 correctional facility.

History: En. Sec. 35, Ch. 550, L. 1997; amd. Sec. 12, Ch. 398, L. 2007; amd. Sec. 18, Ch. 344, L. 2019; amd. Sec. 17, Ch. 339, L. 2021.