Montana § 41-5-1501 - Consent Decree With Petition

§ 41-5-1501. Consent Decree With Petition

Consent decree with petition. (1) (a) Subject to the provisions of subsection (2), after the filing of a petition under 41-5-1402 and before the entry of a judgment, the county attorney, the youth's legal counsel, probation services, and the necessary parties may enter into a consent decree. Except as provided in subsection (1)(b), the procedures used and dispositions permitted under this section must conform to the procedures and dispositions specified in 41-5-1302 through 41-5-1304 relating to consent adjustments without petition. (b) A youth may be placed in detention for up to 10 days on a space-available basis at the county's expense, which is not reimbursable under part 19 of this chapter. (2) A consent decree under this section may not be accepted by the youth court unless: (a) the youth enters an admission of guilt for an offense set forth in the petition; (b) the youth waives the youth's right to a jury trial; (c) the youth court questions the youth to ensure that the youth knowingly and voluntarily enters the admission and waives the right to a jury trial; and (d) if the youth is not represented by legal counsel, the youth court questions the youth to ensure that the youth knowingly and voluntarily waives the right to counsel. (3) If the youth or the youth's counsel objects to a consent decree, the court shall proceed to findings, adjudication, and disposition of the case. (4) (a) If, either prior to discharge by probation services or expiration of the consent decree, a new petition alleging that the youth is a delinquent youth or a youth in need of intervention is filed against the youth or if the youth fails to fulfill the expressed terms and conditions of the consent decree, a petition to revoke the consent decree may be filed with the youth court at the discretion of the county attorney but in consultation with probation services. (b) Probation services is given discretion to extend a consent decree prior to a petition to revoke a consent decree being filed. In the event of revocation and on a finding by the youth court that the youth violated a consent decree, the youth court shall proceed to adjudication and disposition of the case pursuant to 41-5-1513 . A revocation of a consent decree must follow the procedures as set forth in 41-5-1431 . (5) A youth who is discharged by probation services or who completes a period under supervision without a petition to revoke the consent decree being filed may not be adjudicated again in any court for the same offense alleged in the petition, and the original petition must be dismissed with prejudice. This subsection does not preclude a civil suit against the youth for damages arising from the youth's conduct. (6) If the terms of the consent decree extend for a period in excess of 6 months, the juvenile probation officer shall at the end of each 6-month period submit a report that must be reviewed by the court. (7) A consent decree with petition under this section may not be used to dispose of a youth's alleged second or subsequent offense if that offense would be a felony if committed by an adult or third or subsequent offense if that offense would be a misdemeanor if committed by an adult unless it is recommended by the county attorney and accepted by the youth court judge. (8) For the purposes of this section, "consent decree" means an agreement to defer adjudication of the youth as delinquent youth and places the youth on supervision with probation services for a certain amount of time.