41-5-1202. Preliminary inquiry — procedure — youth assessment. (1) In conducting a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall:

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Terms Used In Montana Code 41-5-1202

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)advise the youth of the youth’s rights under this chapter and the constitutions of the state of Montana and the United States;

(b)determine whether the matter is within the jurisdiction of the court;

(c)determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.

(2)In conducting a preliminary inquiry, the juvenile probation officer or assessment officer may:

(a)require the presence of any person relevant to the inquiry;

(b)request subpoenas from the judge to accomplish this purpose;

(c)require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;

(d)perform a youth assessment pursuant to 41-5-1203.