Montana Code 41-5-114. Certain costs, obligations, and fees prohibited — report
41-5-114. Certain costs, obligations, and fees prohibited — report. (1) (a) A court, agency, assessment officer, or juvenile probation officer may not order a youth, the youth’s parents, or the youth’s guardian to pay:
Terms Used In Montana Code 41-5-114
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oversight: Committee review of the activities of a Federal agency or program.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(i)a contribution, including but not limited to a contribution for any part of the costs for adjudication, disposition, attorney fees for costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, or necessary medical, dental, or health treatment; or
(ii)fines, except in the cases described in 41-5-203(2).
(b)A city, town, or county may not impose a legal financial obligation, fee, fine, or cost associated with a juvenile offense unless there is express statutory authority for the legal financial obligation, fee, fine, or cost.
(2)Nothing in this section may be construed to prohibit billing public and private insurance or coverage to provide services under the Montana Youth Court Act.
(3)(a) On October 1, 2023, all outstanding fees or costs owed by a youth, the youth’s parents, or the youth’s guardian are void and uncollectable, and any order requiring the payment of fees or costs is unenforceable.
(b)Within 6 months of October 1, 2023, the office of court administrator shall report to the criminal justice oversight council established in 53-1-216 the number of orders vacated or partially vacated in each judicial district pursuant to this section. The report must include the amount of the balances vacated in each judicial district.