Montana is a combination state. Delinquency services are organized at mostly the state level in Montana.

How is detention organized? 

Each county or region (collection of counties) is responsible for operating its own detention facilities. The Department of Corrections licenses these facilities in accordance with American Correctional Association Standards. By statute, county commissioners within each county must fund detention services. 

Youth Court probation officers can divert cases that meet criteria outlined in statute 41-5-1302 from court through "consent adjustments without petition." If the terms extend for more than six months, the probation officer must submit a report to the court.

Statute 41-5-1416 ensures that victims of felony juvenile offenders receive the same rights and services as victims of adult criminals, including the right to be notified of proceedings and the juvenile's release and to be consulted about plea bargains and possible dispositions.  The Montana Department of Corrections (DOC) provides services to victims of committed adults and juveniles.

District Courts administer probation services while the state provides funding. Youth Court probation officers are state employees and supervise delinquent offenders on probation. Youth Court probation officers work out of centralized offices in each of Montana's 22 judicial districts.

Youth Court probation officers must have at least a college degree and some formal training in behavioral sciences. Related work experience may substitute educational requirements.

Juveniles are committed to the Department of Corrections. Placement options include shelter care, foster care, treatment facilities, or secure correctional facilities. Montana Placement Guidelines are used to recommend the level of secure-care based on current offense, most serious previous offense, and number of violations.

Once a youth is committed to the Department of Corrections for placement in a state youth correctional facility, the department determines the release date based upon length of stay guidelines it has established. The release date of a juvenile is based on the juvenile's disposition.

The Department of Corrections' Juvenile Division's Juvenile Community Corrections Bureau administers parole services. Aftercare is described as both aftercare and parole. If a juvenile offender is released from a secure placement, a Department of Corrections' Juvenile Parole Officer provides aftercare services for the youth.

Montana’s purpose clause reflects Balanced and Restorative Justice (BARJ) philosophies.  The BARJ movement advocates that juvenile courts give balanced attention to three primary interests: public safety, individual accountability to the victims and community, and the development in offenders of those skills necessary to live law-abiding and productive lives.

Lower Age: None specified

Upper Age: 17

Extended Age of Delinquency Jurisdiction: 24

Pursuant to Montana's Juvenile Delinquency Intervention Act, which requires Youth Courts to use a risk assessment instrument, Montana’s Youth Court Officers have recently started using Back On Track. Similarly, the Act requires the Department of Corrections to use a risk assessment instrument and it has selected the Youth Level of Service/Case Management Inventory.