Current through the 2023 Regular Session
Section 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.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.