Montana Code 41-5-1430. Conditional release revocation hearing
41-5-1430. Conditional release revocation hearing. (1) (a) If a county attorney files a petition to revoke a youth’s conditional release, the court shall hold a revocation hearing without a jury within 10 working days after the petition is filed, except as provided in subsection (1)(b).
Terms Used In Montana Code 41-5-1430
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b)(i) If a youth alleged to have violated the terms and conditions of the youth’s conditional release agreement has been taken into custody and placed in detention, the court shall conduct a probable cause hearing in accordance with 41-5-332 through 41-5-334.
(ii)If the court determines that there is probable cause to believe that the youth has violated the terms and conditions of the youth’s conditional release agreement and the county attorney determines that revocation is warranted, the county attorney shall file a petition to revoke within 7 working days. The court shall hold a revocation hearing without a jury within 10 working days after the petition has been filed.
(iii)If the county attorney does not file a petition to revoke, the youth must be released unless good cause is shown to further detain the youth.
(2)In regard to the conditional release revocation hearing, the youth is entitled to:
(a)receive written notice of the alleged violation of the terms and conditions of the youth’s conditional release;
(b)receive evidence of the alleged violation;
(c)an opportunity to be heard in person or by interactive video transmission and to present witnesses and evidence;
(d)cross-examine witnesses, unless the court finds good cause for not allowing confrontation; and
(e)be represented by counsel.
(3)After the revocation hearing, if the court finds by a preponderance of the evidence presented that the youth has violated the terms and conditions of the youth’s conditional release, the court may revoke the youth’s conditional release and return the youth to a correctional facility or make any other judgment or disposition that could have been made under the original judgment.