Montana § 41-5-205 Retention Of Jurisdiction -- Termination

Montana Statutes

§ 41-5-205 — Retention Of Jurisdiction -- Termination

Montana·Title 41 MINORS·Ch. 5 YOUTH COURT ACT·Part 2 Youth Court -- Jurisdiction -- Records

41-5-205 . Retention of jurisdiction -- termination.

(1)The court may dismiss a petition or otherwise terminate jurisdiction on its own motion or on the motion or petition of any interested party at any time. Unless terminated by the court and except as provided in subsections (2) through (4), the jurisdiction of the court continues until the individual becomes 21 years of age.

(2)Court jurisdiction terminates when:

(a)the proceedings are transferred to district court under 41-5-208 or an information is filed concerning the offense in district court pursuant to 41-5-206 ;

(b)the youth is discharged by the department; or

(c)execution of a sentence is ordered under 41-5-1605 (2)(b)(iii) and the supervisory responsibilities are transferred to the district court under 41-5-1605 .

(3)The

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41-5-205 . Retention of jurisdiction -- termination. (1) The court may dismiss a petition or otherwise terminate jurisdiction on its own motion or on the motion or petition of any interested party at any time. Unless terminated by the court and except as provided in subsections (2) through (4), the jurisdiction of the court continues until the individual becomes 21 years of age.
(2) Court jurisdiction terminates when:
(a) the proceedings are transferred to district court under 41-5-208 or an information is filed concerning the offense in district court pursuant to 41-5-206 ;
(b) the youth is discharged by the department; or
(c) execution of a sentence is ordered under 41-5-1605 (2)(b)(iii) and the supervisory responsibilities are transferred to the district court under 41-5-1605 .
(3) The jurisdiction of the court over an extended jurisdiction juvenile, with respect to the offense for which the youth was convicted as an extended jurisdiction juvenile, extends until the offender becomes 25 years of age unless the court terminates jurisdiction before that date.
(4) The jurisdiction of the court over restitution payments extends until the offender becomes 25 years of age unless the court terminates jurisdiction before that date.
(5) The jurisdiction of the court is not terminated if the department issues a release from supervision due to the expiration of a commitment pursuant to 41-5-1522 .

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Legislative History

En. 10-1208 by Sec. 8, Ch. 329, L. 1974; R.C.M. 1947, 10-1208; amd. Sec. 56, Ch. 609, L. 1987; amd. Sec. 2, Ch. 498, L. 1997; amd. Sec. 6, Ch. 587, L. 2001; amd. Sec. 2, Ch. 199, L. 2023.