§ 41-5-206 — Filing In District Court Prior To Formal Proceedings In Youth Court

Montana § 41-5-206

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

Text

41-5-206 . Filing in district court prior to formal proceedings in youth court. (1) The county attorney may, in the county attorney's discretion and in accordance with the procedure provided in 46-11-201 , file with the district court a motion for leave to file an information in the district court if:
(a) the youth charged was 12 years of age or older at the time of the conduct alleged to be unlawful and the unlawful act would if it had been committed by an adult constitute:
(i) aggravated sexual intercourse without consent as defined in 45-5-508 ;
(ii) sexual intercourse without consent as defined in 45-5-503 ;
(iii) deliberate homicide as defined in 45-5-102 ;
(iv) mitigated deliberate homicide as defined in 45-5-103 ;
(v) assault on a peace officer or judicial officer as defined in 45-5-210 (1)(b)(i), (1)(c), or (1)(d); or
(vi) the attempt, as defined in 45-4-103 , of or accountability, as provided in 45-2-301 , for any of the acts enumerated in subsection (1)(a)(i) through (1)(a)(v); or
(b) the youth charged was 16 years of age or older at the time of the conduct alleged to be unlawful and the unlawful act is one or more of the following:
(i) negligent homicide as defined in 45-5-104 ;
(ii) negligent vehicular homicide while under the influence as defined in 45-5-106 ;
(iii) assault on a peace officer or judicial officer as defined in 45-5-210 (1)(a) or (1)(b)(ii);
(iv) arson as defined in 45-6-103 ;
(v) aggravated assault as defined in 45-5-202 ;
(vi) sexual assault as provided in 45-5-502 (3);
(vii) assault with a weapon as defined in 45-5-213 ;
(viii) strangulation of a partner or family member as defined in 45-5-215 ;
(ix) robbery as defined in 45-5-401 ;
(x) aggravated burglary as defined in 45-6-204 ;
(xi) kidnapping as defined in 45-5-302 ;
(xii) aggravated kidnapping as defined in 45-5-303 ;
(xiii) possession of explosives as defined in 45-8-335 ;
(xiv) criminal distribution of dangerous drugs as defined in 45-9-101 ;
(xv) criminal possession with intent to distribute as defined in 45-9-103 (1);
(xvi) criminal production or manufacture of dangerous drugs as defined in 45-9-110 ;
(xvii) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership as defined in 45-8-403 ;
(xviii) escape as defined in 45-7-306 ;
(xix) aggravated sex trafficking as defined in 45-5-706 ;
(xx) child sex trafficking as defined in 45-5-711 ;
(xxi) ritual abuse of a minor as defined in 45-5-627 ;
(xxii) attempt, as defined in 45-4-103 , of or accountability, as provided in 45-2-301 , for any of the acts enumerated in subsections (1)(b)(i) through (1)(b)(xxi).
(2) The county attorney shall file with the district court a petition for leave to file an information in district court if the youth was 17 years of age at the time the youth committed an offense listed under subsection (1).
(3) The district court shall grant leave to file the information if it appears from the affidavit or other evidence supplied by the county attorney that there is probable cause to believe that the youth has committed the alleged offense. Within 30 days after leave to file the information is granted, the district court shall conduct a hearing to determine whether the matter must be transferred back to the youth court, unless the hearing is waived by the youth or by the youth's counsel in writing or on the record. The hearing may be continued on request of either party for good cause. The district court may not transfer the case back to the youth court unless the district court finds, by a preponderance of the evidence, that:
(a) a youth court proceeding and disposition will serve the interests of community protection;
(b) the nature of the offense does not warrant prosecution in district court; and
(c) it would be in the best interests of the youth if the matter was prosecuted in youth court.
(4) The filing of an information in district court terminates the jurisdiction of the youth court over the youth with respect to the acts alleged in the information. A youth may not be prosecuted in the district court for a criminal offense originally subject to the jurisdiction of the youth court unless the case has been filed in the district court as provided in this section. A case may be transferred to district court after prosecution as provided in 41-5-208 or 41-5-1605 .
(5) At any time prior to trial, the county attorney may transfer the case to youth court for good cause.
(6) (a) If, during the commission of a criminal offense enumerated in subsection (1), a youth commits additional criminal offenses that are not enumerated in subsection (1), the county attorney may file those nonenumerated offenses with the same district court.
(b) If a youth is found guilty in district court of a criminal offense enumerated in subsection (1) and any offense that arose during the commission of a crime enumerated in subsection (1), the court shall sentence the youth pursuant to 41-5-2503 and Titles 45 and 46.
(c) If a youth is acquitted in district court of all criminal offenses enumerated in subsection (1), the district court shall sentence the youth in district court pursuant to Title 41 for any remaining offenses for which the youth is found guilty.
(7) A youth who is sentenced to the department or a state prison must be evaluated and placed by the department in an appropriate correctional facility. The department shall confine the youth in an institution that it considers proper, including a correctional facility under the procedures of 52-5-111 . However, a youth under 16 years of age may not be confined in a state prison facility. During the period of confinement, school-aged youth with disabilities must be provided an education consistent with the requirements of the federal Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
(8) If a youth's case is filed in the district court and remains in the district court after the transfer hearing, the youth may be detained in a jail or other adult detention facility pending final disposition of the youth's case if:
(a) the youth is kept in an area that provides sight and sound separation from adults accused or convicted of criminal offenses; and
(b) the court finds, after a hearing and in writing, that it is in the interest of justice to hold the youth in an adult jail or adult detention facility based on:
(i) the youth's:
(A) age;
(B) physical and mental maturity; and
(C) present mental state, including whether the youth presents an imminent risk of harm to the youth's self or others;
(ii) the nature and circumstances of the alleged offense;
(iii) the youth's history of prior delinquent acts;
(iv) the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the youth and protect the safety of the public as well as other detained youth; and
(v) any other relevant factor.
(9) If the court finds, based on the criteria in subsection (8)(b), that it is in the interest of justice to detain a youth under the jurisdiction of district court in an adult jail or adult detention facility pending the final disposition of the youth's case, the court must:
(a) hold a hearing at least once every 30 days to review whether it is still in the interest of justice to require the youth to continue to be held in an area of a secure adult facility that provides sight and sound separation from adults accused or convicted of criminal offenses;
(b) hold an additional hearing before the youth has been detained for 180 days to determine, in writing, if there is good cause for an extension unless the youth expressly waives this limitation.

Legislative History

En. 10-1229 by Sec. 29, Ch. 329, L. 1974; amd. Sec. 9, Ch. 100, L. 1977; R.C.M. 1947, 10-1229; amd. Sec. 1, Ch. 484, L. 1981; amd. Sec. 3, Ch. 60, L. 1985; amd. Sec. 100, Ch. 370, L. 1987; amd. Sec. 3, Ch. 515, L. 1987; amd. Sec. 57, Ch. 609, L. 1987; amd. Sec. 4, Ch. 434, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 6, Ch. 547, L. 1991; amd. Sec. 2, Ch. 448, L. 1993; amd. Sec. 7, Ch. 438, L. 1995; amd. Sec. 192, Ch. 546, L. 1995; amd. Sec. 9, Ch. 285, L. 1997; amd. Sec. 18, Ch. 550, L. 1997; amd. Sec. 2, Ch. 432, L. 1999; amd. Sec. 1, Ch. 523, L. 1999; amd. Sec. 3, Ch. 532, L. 1999; amd. Sec. 2, Ch. 537, L. 1999; amd. Sec. 55, Ch. 7, L. 2001; amd. Sec. 1, Ch. 243, L. 2001; amd. Sec. 3, Ch. 576, L. 2001; amd. Sec. 1, Ch. 277, L. 2005; amd. Sec. 1, Ch. 483, L. 2007; amd. Sec. 1, Ch. 87, L. 2011; amd. Sec. 1, Ch. 321, L. 2017; amd. Sec. 40, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 8, Ch. 339, L. 2021; amd. Sec. 1, Ch. 438, L. 2025.