§ 41-5-301 Renumbered 41-5-1201
§ 41-5-302 Renumbered 41-3-1111
§ 41-5-303 Renumbered 41-5-331
§ 41-5-304 Renumbered 41-5-1206
§ 41-5-305 Renumbered 41-5-341
§ 41-5-306 Renumbered 41-5-344
§ 41-5-307 Renumbered 41-5-322
§ 41-5-308 Repealed
§ 41-5-309 Renumbered 41-5-323
§ 41-5-310 Repealed
§ 41-5-311 Renumbered 41-5-349
§ 41-5-312 Repealed
§ 41-5-313 Renumbered 41-5-350
§ 41-5-314 Renumbered 41-5-321
§ 41-5-315 Repealed
§ 41-5-316 Repealed
§ 41-5-321 Taking into custody
§ 41-5-322 Release from custody — detention — shelter care
§ 41-5-323 Bail
§ 41-5-331 Rights of youth taken into custody — questioning — waiver of rights
§ 41-5-332 Custody — hearing for probable cause
§ 41-5-333 Custody — hearing for probable cause — procedure
§ 41-5-334 Custody — hearing for probable cause — determinations — detention — release
§ 41-5-341 Criteria for placement of youth in secure detention facilities
§ 41-5-342 Criteria for placement of youth in shelter care facilities
§ 41-5-343 Criteria for placement of youth in youth assessment centers
§ 41-5-344 Repealed
§ 41-5-345 Limitation on placement of youth in need of intervention
§ 41-5-346 Limitation on placement of delinquent youth
§ 41-5-347 Place of shelter care
§ 41-5-348 Place of detention
§ 41-5-349 Youth not to be detained in jail — exceptions — time limitations
§ 41-5-350 Permitted acts — detention of youth in law enforcement facilities — criteria
§ 41-5-355 Confinement of juveniles
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Terms Used In Montana Code > Title 41 > Chapter 5 > Part 3 - Custody and Detention

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Contract: A legal written agreement that becomes binding when signed.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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