What Is Youth Court Probation?
What We Do
Dispositional Alternatives/Probation Officer Duties

What is Youth Court Probation?

     The Montana Seventh Judicial District serves the five counties of Dawson, Richland, McCone, Prairie and Wibaux in Eastern Montana. This area covers 9,447 square miles, and area the size of Connecticut, New Hampshire and New Jersy combined. Further, the District has a 2000 census population of 22,970 and a 2002 total youth population of 5608. Youth Court personnel for this vast expanse of farm, prairie and badlands include two District Judges, and five staff members:
     The Chief Probation Officer based out of Sidney, MT and a Deputy Probation Officer and Administrative Assistant based out of Glendive, MT. In addition to these staff members, there are two part-time Community Service Supervisors/Probation Program Assistants. One based in Glendive, MT and the other in Sidney, MT. The Montana Seventh Judicial Youth Court and the Probation Office provide a continuum of services for youth who commit offenses which come within the provisions of the Montana Youth Court Act. The majority of referrals come from the various law enforcement agencies in the District.
     
     These referrals include youth who are classified as delinquent youth or youth in need of intervention as specified by the Montana Youth Court Act.  Section 41-5-103(11)(a) defines a delinquent youth  as one "who has committed an offense that, if committed by an adult, would constitute a criminal offense."  Section 41-5-103(50) defines a youth in need of intervention as one who (a) violates any Montana municipal or state law regarding alcoholic beverages or (b) "continues to exhibit behavior, including running away from home or habitual truancy, beyond the control of the youth's parents, foster parents, physical custodian, or guardian despite the attempt of the youth's parents, physical custodian, or guardian to exert all reasonable efforts to mediate, resolve, or control the youth's behavior."

What We Do: Holding Youth Accountable While Providing Community Protection and Competency Development

     The Youth Court Probation Office operates under the express legislative purposes as specified by the Montana Youth Court Act, namely:
(1) to preserve the unity and welfare of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of a youth coming with the provisions of the Montana Youth Court Act;
(2) to prevent and reduce youth delinquency through a system that does not seek retribution but that provides:
a) immediate, consistent, enforceable, and avoidable consequences of youths' actions;
b) a program of supervision, care, rehabilitation, detention, competency development, community protection for youth before they become adult offenders; and,
c) in appropriate case, restitution as ordered by the youth court;
(3) to achieve the purposes of subsections (1) and (2) in a family environment whenever possible, separating the youth from the parents only when necessary for the welfare of the youth or for the safety and protection of the community;
(4) to provide judicial procedures in which the parties are assured a fair, accurate hearing and recognition and enforcement of their constitutional and statutory rights.

     Once a youth is referred to the Probation Office, a preliminary inquiry (hearing before the probation officer) is conducted. From this inquiry, either an informal disposition can be reached or the matter can be referred to the County Attorney to file the matter, by petition, into District Youth Court. An informal disposition is agreed to by the youth, the parents, the probation officer, and in some cases the county attorney. Felony matters and matters requiring restitution need final approval by the judge. When a matter is filed by petition, it is resolved by the judge.

Dispositional Alternatives/Probation Officer Duties

     The Youth Court Probation Office under statue is able to enter into what is called a Consent Adjustment Without Petition, or an informal disposition. Here are some of the alternatives which exist under informal disposition: place the youth on probation, require payment of restitution, placement on home arrest with or without electronic monitoring, require the youth to receive counseling or assessment services, assign community service, confiscate the youth's driver's license for up to 90 days, require participation in victim-offender mediation.  To accomplish some of the above alternatives, referrals are often made to mental health, alcohol /drug programs, the District's Victim/Witness Program, the Youth Court Probation Office's "Youth Serving Communities" Program and the Dawson County Youth Assessment Center which is located in Glendive.

     Besides conducting preliminary inquires and entering into consent adjustments, the probation officers are called upon to:  access out-of-home placement for youth; submit reports and recommendations to the court; supervise, assist, and counsel youth placed on probation or under the probation officer's supervision, including enforcement of the terms of probation or intervention; assist any public and private community and work projects engaged in by youth to pay fines, make restitution, and pay any other costs ordered by the court that are associated with youth delinquency or need for intervention; and perform any other functions designated by the court.