§ 41-5-1304 — Disposition Permitted Under Consent Adjustment

41-5-1304 . Disposition permitted under consent adjustment. (1) The following dispositions may be imposed by consent adjustment:
(a) probation;
(b) placement of the youth in substitute care in a youth care facility, as defined in 52-2-602 and pursuant to a recommendation made under 41-5-121 ;
(c) placement of the youth with a private agency responsible for the care and rehabilitation of the youth pursuant to a recommendation made under 41-5-121 ;
(d) restitution, as provided in 41-5-1521 , upon approval of the youth court judge;
(e) placement of the youth under home arrest as provided in Title 46, chapter 18, part 10;
(f) confiscation of the youth's driver's license, if the youth has one, by the juvenile probation officer for a specified period of time, not to exceed 90 days. The juvenile probation officer shall notify the department of justice of the confiscation and its duration. The department of justice may not enter the confiscation on the youth's driving record. The juvenile probation officer shall notify the department of justice when the confiscated driver's license has been returned to the youth. A youth's driver's license may be confiscated under this subsection more than once. The juvenile probation officer may, in the juvenile probation officer's discretion and with the concurrence of a parent or guardian, return a youth's confiscated driver's license before the termination of the time period for which it had been confiscated. The confiscation may not be used by an insurer as a factor in determining the premium or part of a premium to be paid for motor vehicle insurance covering the youth or a vehicle or vehicles driven by the youth, nor may it be used as grounds for denying coverage for an accident or other occurrence under an existing policy.
(g) a requirement that the youth receive counseling services;
(h) placement in a youth assessment center for up to 10 days;
(i) placement of the youth in detention for up to 3 days on a space-available basis at the county's expense, which is not reimbursable under part 19 of this chapter;
(j) a requirement that the youth perform community service;
(k) a requirement that the youth participate in victim-offender mediation;
(l) an agreement that the youth pay a contribution covering all or a part of the costs of a victim's restitution for damages that result from the offense for which the youth is disposed;
(m) any other condition ordered by the court to accomplish the goals of the consent adjustment, including but not limited to mediation or youth assessment.
(2) Pursuant to 41-5-114 , the youth, the youth's parents, or the youth's guardian may not be required to pay a contribution covering any fees, obligations, or costs as part of a consent adjustment.

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(4); amd. Sec. 3, Ch. 246, L. 1979; amd. Sec. 3, Ch. 484, L. 1981; amd. Sec. 1, Ch. 129, L. 1983; amd. Sec. 7, Ch. 363, L. 1983; amd. Sec. 4, Ch. 465, L. 1983; amd. Sec. 5, Ch. 531, L. 1985; amd. Sec. 7, Ch. 14, Sp. L. June 1986; amd. Sec. 59, Ch. 609, L. 1987; amd. Sec. 8, Ch. 105, L. 1991; amd. Sec. 3, Ch. 696, L. 1991; amd. Sec. 6, Ch. 528, L. 1995; amd. Sec. 194, Ch. 546, L. 1995; amd. Sec. 2, Ch. 185, L. 1997; amd. Sec. 26, Ch. 550, L. 1997; Sec. 41-5-403, MCA 1995; redes. 41-5-1304 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 71, Ch. 2, L. 2009; amd. Sec. 14, Ch. 344, L. 2019; amd. Sec. 8, Ch. 506, L. 2023.