Montana Code 41-5-203. Jurisdiction of court
41-5-203. Jurisdiction of court. (1) Except as provided in subsection (2) and for cases filed in the district court under 41-5-206, the court has exclusive original jurisdiction of all proceedings under the Montana Youth Court Act in which a youth is alleged to be a delinquent youth or a youth in need of intervention or concerning any person under 21 years of age charged with having violated any law of the state or any ordinance of a city or town other than a traffic or fish and game law prior to having become 18 years of age.
Terms Used In Montana Code 41-5-203
- 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.
- 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
- 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
(2)Justices’, municipal, and city courts have concurrent jurisdiction with the youth court over all alcoholic beverage, tobacco products, and gambling violations alleged to have been committed by a youth.
(3)The court has jurisdiction to:
(a)transfer a youth court case to the district court after notice and hearing;
(b)with respect to extended jurisdiction juvenile cases:
(i)designate a proceeding as an extended jurisdiction juvenile prosecution;
(ii)conduct a hearing, receive admissions, and impose upon a youth who is adjudicated as an extended jurisdiction juvenile a sentence that may extend beyond the youth’s age of majority;
(iii)stay that portion of an extended jurisdiction sentence that is extended beyond a youth’s majority, subject to the performance of the juvenile portion of the sentence;
(iv)continue, modify, or revoke the stay after notice and hearing;
(v)after revocation, transfer execution of the stayed sentence to the department;
(vi)transfer supervision of any juvenile sentence if, after notice and hearing, the court determines by a preponderance of the evidence that the juvenile has violated or failed to perform the juvenile portion of an extended jurisdiction sentence; and
(vii)transfer a juvenile case to district court after notice and hearing; and
(c)impose criminal sanctions on a juvenile as authorized by the Extended Jurisdiction Prosecution Act, Title 41, chapter 5, part 16.