Montana Code 41-5-1202. Preliminary inquiry — procedure — youth assessment
41-5-1202. Preliminary inquiry — procedure — youth assessment. (1) In conducting a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall:
Terms Used In Montana Code 41-5-1202
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)advise the youth of the youth’s rights under this chapter and the constitutions of the state of Montana and the United States;
(b)determine whether the matter is within the jurisdiction of the court;
(c)determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.
(2)In conducting a preliminary inquiry, the juvenile probation officer or assessment officer may:
(a)require the presence of any person relevant to the inquiry;
(b)request subpoenas from the judge to accomplish this purpose;
(c)require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;
(d)perform a youth assessment pursuant to 41-5-1203.