Montana Code 41-5-331. Rights of youth taken into custody — questioning — waiver of rights
41-5-331. Rights of youth taken into custody — questioning — waiver of rights. (1) When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met:
Terms Used In Montana Code 41-5-331
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
(a)The youth must be advised of the youth’s right against self-incrimination and the youth’s right to counsel.
(b)The investigating officer, juvenile probation officer, or person assigned to give notice shall immediately notify the parents, guardian, or legal custodian of the youth that the youth has been taken into custody, the reasons for taking the youth into custody, and where the youth is being held. If the parents, guardian, or legal custodian cannot be found through diligent efforts, a close relative or friend chosen by the youth must be notified.
(2)A youth may waive the rights listed in subsection (1) under the following situations:
(a)when the youth is 16 years of age or older, the youth may make an effective waiver subject to the provisions of 41-5-333(2);
(b)when the youth is under 16 years of age and the youth and the youth’s parent or guardian agree, they may make an effective waiver subject to the provisions of 41-5-333(2); or
(c)when the youth is under 16 years of age and the youth and the youth’s parent or guardian do not agree, the youth may make an effective waiver only with advice of counsel.