Montana Code 41-5-349. Youth not to be detained in jail — exceptions — time limitations
41-5-349. Youth not to be detained in jail — exceptions — time limitations. (1) A youth may not be detained or otherwise placed in a jail or other adult detention facility except as provided in 41-5-206 and this section.
Terms Used In Montana Code 41-5-349
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2)A youth who has allegedly committed an offense that if committed by an adult would constitute a criminal offense may be temporarily detained in a jail or other adult detention facility for a period not to exceed:
(a)6 hours, but in no case overnight, for the purpose of identification, processing, or transfer of the youth to an appropriate detention facility or shelter care facility; or
(b)24 hours, excluding weekends and legal holidays, if the youth is awaiting a probable cause hearing pursuant to 41-5-332.
(3)The exception provided for in subsection (2)(b) applies only if:
(a)the court having jurisdiction over the youth is outside a metropolitan statistical area;
(b)alternative facilities are not available or alternative facilities do not provide adequate security; and
(c)the youth is kept in an area that provides physical as well as sight and sound separation from adults accused or convicted of criminal offenses.
(4)Whenever, despite all good faith efforts to comply with the time limitations specified in subsection (2), the limitations are exceeded, this circumstance does not serve as grounds for dismissal of the case nor does this circumstance constitute a defense in a subsequent delinquency or criminal proceeding.