Montana Code 41-5-1605. Revocation of stay — disposition
41-5-1605. Revocation of stay — disposition. (1) If a court has imposed on a youth a sentence stayed under 41-5-1604(1)(a)(ii) and the youth violates the conditions of the stay or is alleged to have committed a new offense, the court may, without notice, direct that the youth be taken into immediate custody. The court shall notify the youth, the youth’s counsel, and the youth’s parents, guardian, or custodian in writing of the reasons alleged to exist for revocation of the stay of execution of the sentence.
Terms Used In Montana Code 41-5-1605
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- 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.
- Writing: includes printing. See Montana Code 1-1-203
(2)(a) The court shall hold a revocation hearing at which the youth is entitled to receive:
(i)written notice of the alleged violation;
(ii)evidence of the alleged violation;
(iii)an opportunity to be heard in person and to present witnesses and evidence;
(iv)the right to cross-examine witnesses, unless the court finds good cause for not allowing confrontation; and
(v)the right to counsel.
(b)After the revocation hearing, if the court finds by a preponderance of the evidence presented that the conditions of the stay have been violated or that the youth has committed a new offense, the court shall provide the youth with a written statement of the evidence relied on and reasons for revocation and shall:
(i)continue the stay and place the youth on probation;
(ii)impose one or more dispositions under 41-5-1512 or 41-5-1513 if the youth is under 18 years of age; or
(iii)subject to 41-5-206(6) and (7) and 41-5-1604(1)(b), order execution of the sentence imposed under 41-5-1604(1)(a)(ii). The court shall order credit for any time served prior to revocation under a disposition under 41-5-1604(1)(a)(i).
(3)Upon revocation and disposition under subsection (2)(b)(iii), the youth court shall transfer the case to the district court. Upon transfer, the offender’s extended jurisdiction juvenile status is terminated and youth court jurisdiction is terminated. Ongoing supervision of the offender is with the department, rather than the youth court’s juvenile probation services.