Montana Code 41-5-341. Criteria for placement of youth in secure detention facilities
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:
Terms Used In Montana Code 41-5-341
- 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.
- Property: means real and personal property. See Montana Code 1-1-205
(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.