Delinquency Services Summary
Combination State: Delinquency services are organized at mostly the state level in Montana. However, counties or a region (collection of counties) administer detention facilities. District courts administer state-funded juvenile probation services through 22 judicial districts. Youth Court probation officers, working out of District Courts that serve as Youth Courts, are responsible for delinquency intake screening, predisposition investigation, and probation supervision. The Juvenile Division of the Department of Corrections administers the juvenile corrections continuum and aftercare/parole services to committed youth.

Court(s) with Delinquency Jurisdiction
Montana's 22 District Courts, acting as the state's 22 Youth Courts, exercise jurisdiction over delinquency proceedings. District Courts are general jurisdiction trial courts while Youth Courts are limited jurisdiction trial courts. For more information, visit the Montana Supreme Court's Youth Courts web page.

Highlights

Montana Public Defender Act
On July 1, 2006 the Office of the State Public Defender assumed responsibility for statewide Public Defender Services, previously provided by cities and counties. These services are now provided statewide through Regional Offices of the State Public Defender. The mission of the Office of the State Public Defender is to ensure equal access to justice for the State's indigent and to provide appellate representation to indigent clients. The Public Defender Commission has appointed Randi M. Hood as the Chief Public Defender for the State of Montana.

Risk Assessment
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, a risk assessment instrument available on www.assessments.com. 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.

Graduated Sanctions
Montana’s Youth Court Act was established to prevent and reduce delinquency through “immediate, consistent, enforceable, and avoidable consequences.”

Graduated Sanctions Demonstration Site
Missoula County Juvenile Court is participating in a national graduated sanctions project that the Office of Juvenile Justice and Delinquency Prevention awarded to the Juvenile Sanctions Division of the National Council of Juvenile and Family Court Judges. The court has focused on securing professional training and providing programs for special needs offenders, specifically Native American and female offenders. The Indian Center provides Native American counselors on site to work with detained youth. Drug and alcohol evaluation and assessment services are available. The Missoula Indian Center provides interdiction and counseling services. For more information, contact Judge John Larson, District Court Judge, at (406) 258-4773 or johlarson@mt.gov.

Detention
Each county or region (collection of counties) is responsible for operating its own detention facilities. Montana’s seven detention facilities are in Blaine, Cascade, Flathead, Missoula, Lincoln, Ravalli, and Yellowstone counties. A privately-owned facility in Galen holds youthful offenders referred by the Federal Bureau of Prisons, several counties in southwestern Montana, the state, and the U.S. Marshall's Service.

The Department of Corrections licenses these facilities in accordance with American Correctional Association Standards, and the Montana Board of Crime Control distributes state reimbursement dollars and monitors the facilities for compliance with the federal Juvenile Justice and Delinquency Prevention Act and the state Youth Court Act.

By statute, county commissioners within each county must fund detention services. The state currently subsidizes pre-adjudicatory detention from a state general fund allocation. The state and the county evenly split the costs for pre-adjudicatory secure detention and split 75/25 the costs for non-secure detention until the general fund allocation is expended. The county is responsible for the balance. To be eligible for general fund reimbursement, county detention practices must comply with state and federal juvenile detention statutes. The Department of Corrections and counties are 100% responsible for paying detention costs for post adjudicatory and post dispositional detention. Montana has used some federal Juvenile Accountability Incentive Block Grant funds to build and remodel detention facilities.

Detention facilities house pre-adjudicated youth, youth awaiting disposition and placement, parole and probation violators, and youth who have been transferred to adult court but whose cases are pending. A court may order an adjudicated youth to detention for a set disposition of up to 10 days. In this situation, the county must pay all of the expenses because the state will not subsidize using detention as a disposition.

Statute 41-5-341 outlines criteria for holding youth in secure detention, including to protect persons or property and to ensure the youth’s court appearance. Probable cause hearings must be held within 24 hours, excluding weekends and holidays. A petition must be filed within seven working days of detaining a youth. Although there are no specific time limits for adjudicating or disposing the cases of detained youth, the Youth Court Act requires immediate consequences and fair judicial procedures be fair and comply with constitutional and statutory rights. There is no instrument currently used to screen youth in detention.

Delinquency Intake Screening
Police officers, parents, and community members may initiate delinquency referrals. Youth Court probation officers, working out of Youth Courts, receive and screen these referrals. Probation officers may refer cases to the county attorney for filing a petition in court. The county attorney makes the final charging decision.

Diversion
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. Possible dispositions under this arrangement include probation, restitution, house arrest, and placement in detention for up to three days. For a complete list of possible dispositions, see statute 41-5-1304. Private companies, county agencies, or the state government administer diversion programs.

Predisposition Investigation
Probation Placement Committees in each judicial district, funded by the Department of Corrections, develop cases for disposition after delinquency adjudications. A Youth Court Probation Officer chairs each committee, which may include representatives from the Department of Public Health and Human Services, mental health agencies, and the school. A parole officer represents the Department of Corrections on the committee. Committees use the "Back on Track" pre-screen to assist at this decision point. The committee’s recommendation assists the presiding judge in making the disposition. Judges must also use a risk assessment tool approved by the Department of Corrections.

Victim Rights and Services
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. Victims have access to VINE (Victim Information and Notification Everyday), an automated system that immediately notifies registered users via telephone of changes in an offender’s status, such as release, transfer, or escape. Users may also access custody information 24 hours a day, 7 days a week.

The Montana Department of Justice administers crime victim compensation. More information is available online.

Probation Supervision
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. Many districts have specialized probation programs dealing with specific issues.

Youth Court judges set terms of probation based on information provided by Youth Court probation officers and county attorneys. Montana statute prohibits using continuing supervision as a disposition if a youth's second offense would be a felony or misdemeanor if committed by an adult.

Montana's purpose clause includes restorative justice principles. The Montana Juvenile Probation Officers Association adopted statewide policies and procedures in 1999. No standard sets caseload size.

According to the Montana Juvenile Probation Officer’s Policy and Procedures Manual, Youth Court probation officers must use a risk/needs instrument to determine the level of supervision and develop a supervision plan, with input from the juvenile and the juvenile's parents, that includes objectives and a projected date of termination. Currently, Youth Court probation officers use the "Back on Track" pre-screen to determine the level of risk for every youth placed on informal or formal probation and complete a follow-up assessment every three months to help determine the youth's progress.

Juvenile Probation Officer Qualifications, Certification, and Training
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. Although Montana professionally certifies its Youth Court probation officers, certification is not a requirement for employment.

Youth Court probation officers must attend an initial 40-hour basic training program. In addition, they must attend 16 hours a year of on-going training. The Crime Control Division of the Department of Justice administers Youth Court probation officer training at the Montana law enforcement academy.

Juvenile Corrections Continuum
The Department of Corrections' Youth Services Division administers and operates two juvenile correctional facilities and community-based services: the Pine Hills Youth Correctional Facility, a 120-bed facility for boys, and the Riverside Youth Correctional Facility, a 20-bed facility for girls. Both are considered to be maximum security but neither has razor wire.

Commitment to State
Commitments to the Department of Corrections are indeterminate. The Department of Corrections makes placement decisions in cooperation with each judicial district's placement committee (see the Predisposition Investigation section for a description of the committee). 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.

The placement committee conducts case reviews at least every 6 months and at other times as requested by the youth court. The Department of Corrections reviews the cases of all youth being considered for out-of-home placements, who are recommended for a change in placement, or who have been in out-of-home placements for six months or longer.

The Department of Corrections has specialized programs at its correctional facilities, consisting of sex offender, chemical dependency treatment, gender specific programming and cognitive restructuring.

Montana’s state delinquency institutions use the Youth Level of Service/Case Management Inventory.

Juvenile probation loses jurisdiction when youth are committed to correctional facilities. The responsibility of supervision is with the Department of Corrections facility staff and Department juvenile parole officers.

Blended Sentencing
In Montana, the Extended Jurisdiction Prosecution Act allows the youth court to pursue extended jurisdiction juvenile prosecution of certain youth alleged to have committed an offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed. The youth court can impose a sanction involving both the juvenile and adult correctional systems. The adult portion is stayed pending successful completion of the juvenile disposition. For more information concerning Montana's blended sentencing provisions, click here.

Direct Placement
The court can place adjudicated juveniles in local or private placements without committing them to the Department of Corrections. Youth Court probation officers supervise these youth and provide aftercare services upon release.

Release
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. Placement committees may not substitute their judgment for that of the superintendent of a state youth correctional facility regarding release (see the Predisposition Investigation section for a description of the committee). Montana does not have a paroling authority. The releasing authority is the superintendent of the facility by statute.

Aftercare/Re-entry
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. There are 12 Juvenile Parole Officers throughout Montana, working in 5 regions. The Department of Corrections administers two transition centers, one for males and one for females transitioning from secure correctional facilities back into their communities.

Montana parole uses the Youth Level of Service/Case Management Inventory.

Montana is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Montana's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Montana Youth Court Act (Title 41 Minors, Chapter 5 Youth Court Act)

State Bar of Montana

Montana Judges’ Benchbook: Municipal, Justice, and City Courts

Montana Judges’ Deskbook: Municipal, Justice, and City Courts

Montana Judicial Branch Policies & Procedures

Purpose Clauses
To read Montana's purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 24

Juvenile Transfer Laws
For information on Montana's juvenile transfer laws, click here.

Juvenile Justice Leadership

Montana Board of Crime Control
The Montana Board of Crime Control, part of the Department of Justice, oversees juvenile justice funding and administers Youth Court probation officer training. The MBCC administers the general fund juvenile detention dollars and the federal Juvenile Accountability Incentive Block Grant (JAIBG).

Montana Children’s Initiative
This is a nonprofit provider association committed to building a responsive and integrated system of care for at risk children and their families.

Montana Juvenile Probation Officers Association
This is a membership association for chief and deputy Youth Court probation officers in Montana. MJPOA provides training, develops standards and best practice methodologies, and promotes Balanced and Restorative Justice.

Resources/Contacts
Montana Board of Crime Control
Montana Children’s Initiative
Montana County Attorney's Association
Montana Department of Justice
Montana Department of Corrections, Youth Services Division
Montana Peace Officer Standards and Training (P.O.S.T.) Council
Montana Youth Courts
State Bar of Montana
Montana Correctional Association
Judges Association
Montana Association of Counties
Montana Law Enforcement Academy

Sheryl Burright
Juvenile Justice Specialist
Montana Board of Crime Control
3075 N Montana Ave
Helena, MT 59601
(406) 444-3651
FAX (406) 444-4722

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Montana." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.