Montana § 41-5-114 - Certain Costs, Obligations, And Fees Prohibited -- Report

§ 41-5-114. Certain Costs, Obligations, And Fees Prohibited -- Report

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: (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 5-5-235 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.