§ 41-5-1302 — Consent Adjustment Without Petition

Montana § 41-5-1302

• Jurisdiction: Montana
• Title 41: MINORS
• Ch. 5: YOUTH COURT ACT
• Part 13: Informal Proceeding

Text

41-5-1302 . Consent adjustment without petition. (1) Before referring the matter to the county attorney and subject to the limitations in subsection (3), the juvenile probation officer or assessment officer may enter into a consent adjustment and give counsel and advice to the youth, the youth's family, and other interested parties if it appears that:
(a) the admitted facts bring the case within the jurisdiction of the youth court;
(b) the youth and the youth's family have been advised of the youth's right to counsel;
(c) counsel and advice without filing a petition would be in the best interests of the child, the family, and the public; and
(d) the youth may be a youth in need of intervention and the juvenile probation officer or assessment officer believes that the parents, foster parents, physical custodian, or guardian exerted all reasonable efforts to mediate, resolve, or control the youth's behavior and the youth continues to exhibit behavior beyond the control of the parents, foster parents, physical custodian, or guardian.
(2) Any probation or other disposition imposed under this section against a youth must conform to the following procedures:
(a) Each consent adjustment must be reduced to writing and signed by the youth, the youth's legal counsel if applicable, and the youth's parents or the person having legal custody of the youth.
(b) If the juvenile probation officer or assessment officer believes that the youth is a youth in need of intervention, the juvenile probation officer or assessment officer shall determine that the parents, foster parents, physical custodian, or guardian exerted all reasonable efforts to mediate, resolve, or control the youth's behavior and that the youth continues to exhibit behavior beyond the control of the parents, foster parents, physical custodian, or guardian.
(c) Approval by the youth court judge is required if the complaint alleges commission of a felony or if the youth has been or will be in any way detained.
(3) A consent adjustment without petition under this section may not be used to dispose of a youth's alleged second or subsequent offense if:
(a) the youth has admitted commission of or has been adjudicated or sentenced for a prior offense that would be a felony if committed by an adult;
(b) the second or subsequent offense would be a felony if committed by an adult and was committed within 3 years of a prior offense; or
(c) the second or subsequent offense would be a misdemeanor if committed by an adult and was committed within 3 years of a prior offense, other than a felony, unless the juvenile probation officer notifies the youth court and obtains written approval from the county attorney and the youth court judge.
(4) For purposes of subsection (3), related offenses committed by a youth during the same 24-hour period must be considered a single offense.
(5) (a) If the youth fails to fulfill the expressed terms and conditions of a consent adjustment, either prior to discharge by probation services or expiration of the consent adjustment, the county attorney may file a petition to:
(i) charge the youth to be a delinquent youth pursuant to Title 41, chapter 5; or
(ii) revoke the consent adjustment with the youth court.
(b) If a petition to revoke the consent adjustment is filed pursuant to subsection (5)(a)(ii) and the youth court finds that the youth violated the consent adjustment, the youth court may adjudicate the youth pursuant to 41-5-1512 . A revocation of a consent adjustment must follow the procedures as set forth in 41-5-1431 .

Legislative History

En. 10-1210 by Sec. 10, Ch. 329, L. 1974; amd. Sec. 4, Ch. 100, L. 1977; amd. Sec. 3, Ch. 571, L. 1977; R.C.M. 1947, 10-1210(1), (2); amd. Sec. 2, Ch. 231, L. 1991; amd. Sec. 25, Ch. 550, L. 1997; Sec. 41-5-401, MCA 1995; redes. 41-5-1302 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 8, Ch. 532, L. 1999; amd. Sec. 70, Ch. 2, L. 2009; amd. Sec. 3, Ch. 438, L. 2025.