Montana Code Annotated 2019



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 committeeif 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 state youth 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 state adult correctional facility or other facility used for the execution of sentences of adults convicted of crimes.

(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 state youth correctional facility.

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