Montana Code Annotated
Part 12. Preliminary Investigation
41-5-1202. Preliminary inquiry -- procedure -- youth assessment

41-5-1202. Preliminary inquiry -- procedure -- youth assessment. (1) In conducting a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall:
(a) advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States;
(b) determine whether the matter is within the jurisdiction of the court;
(c) determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.
(2) In conducting a preliminary inquiry, the juvenile probation officer or assessment officer may:
(a) require the presence of any person relevant to the inquiry;
(b) request subpoenas from the judge to accomplish this purpose;
(c) require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;
(d) perform a youth assessment pursuant to 41-5-1203.
History: En. Secs. 6, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 78(5)(a), Ch. 550, L. 1997; amd. Sec. 65, Ch. 2, L. 2009.

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