Montana § 41-5-341 Criteria For Placement Of Youth In Secure Detention Facilities

Montana Statutes

§ 41-5-341 — Criteria For Placement Of Youth In Secure Detention Facilities

Montana § 41-5-341

Title 41MINORS

Ch. 5YOUTH COURT ACT

Part 3Custody and Detention

This text of Montana § 41-5-341 (Criteria For Placement Of Youth In Secure Detention Facilities) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 41-5-341 (2026).

Text

41-5-341 . Criteria for placement of youth in secure detention facilities. A youth may be placed in a secure detention facility only if the youth:

(1)has allegedly committed an act that if committed by an adult would constitute a criminal offense and the alleged offense is one specified in 41-5-206 ;

(2)is alleged to be a delinquent youth and:

(a)has escaped from a correctional facility or secure detention facility;

(b)has violated a valid court order or the terms and conditions of the youth's conditional release agreement;

(c)the youth's detention is required to protect persons or property;

(d)the youth has pending court or administrative action or is awaiting a transfer to another jurisdiction and may abscond or be removed from the jurisdiction of the court;

(e)there are not adequ

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41-5-341 . Criteria for placement of youth in secure detention facilities. A youth may be placed in a secure detention facility only if the youth:
(1) has allegedly committed an act that if committed by an adult would constitute a criminal offense and the alleged offense is one specified in 41-5-206 ;
(2) is alleged to be a delinquent youth and:
(a) has escaped from a correctional facility or secure detention facility;
(b) has violated a valid court order or the terms and conditions of the youth's conditional release agreement;
(c) the youth's detention is required to protect persons or property;
(d) the youth has pending court or administrative action or is awaiting a transfer to another jurisdiction and may abscond or be removed from the jurisdiction of the court;
(e) there are not adequate assurances that the youth will appear for court when required; or
(f) the youth meets additional criteria for secure detention established by the youth court in the judicial district that has current jurisdiction over the youth; or
(3) has been adjudicated delinquent and is awaiting final disposition of the youth's case.

Legislative History

En. 10-1212 by Sec. 12, Ch. 329, L. 1974; amd. Sec. 4, Ch. 571, L. 1977; R.C.M. 1947, 10-1212; amd. Sec. 1, Ch. 689, L. 1985; amd. Sec. 8, Ch. 475, L. 1987; amd. Sec. 7, Ch. 515, L. 1987; amd. Sec. 1, Ch. 610, L. 1987; amd. Sec. 3, Ch. 548, L. 1991; amd. Secs. 15, 49(3)(i), Ch. 286, L. 1997; Sec. 41-5-305 , MCA 1995; redes. 41-5-341 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 13, Ch. 344, L. 2019.