3. Disposition

If a youth is found guilty through trial or through a hearing before the judge then a "dispositional hearing" is set. The Probation Officer will then write and submit a report to the court detailing the youth's background. This report will also contain a recommendation for disposition to the judge.

Some of the dispositions used in the formal court proceeding are as follows:

• Consent Decree -Deferred prosecution in which a youth is placed on probation with specific terms and rules. If the youth successfully completes this decree, the charges will be dismissed at the end of the probation period. The youth is not adjudicated at this time.

• Formal Probation-The youth is placed on a probationary period with specific terms and rules. The youth is adjudicated to be delinquent at this time.

• Suspended Commitment-The youth is committed to the Department of Corrections and this commitment is suspended with the understanding that the youth will be on probation with specific terms and rules. The youth is adjudicated to be delinquent at this time. 

(Note: The possibility exist that an out-of-home placement may be ordered in conjunction with either of the prior two dispositions).

The "final disposition" occurs when the youth is found to be a delinquent youth and is committed to the Department of Corrections for placement in a Youth Correctional Facility. In Montana, those facilities are the Pine Hills School for Boys and the Riverside Correctional Facility for Girls.

Short of Final Disposition issues, Intensive Supervision is a possible option. At times, when a youth is committed to the Department of Corrections for placement at one of the correctional facilities, this commitment is stayed, and the young person is placed on the Intensive Supervision Program which is operated through the Youth Court. Through this program,  the youth is able to remain in the community with supervision from ISP personnel. If the young person violates the terms and conditions of ISP a hearing is held before the Judge of record. If the Court finds that the violation stands,  the order committing the youth to the correctional facility automatically becomes effective.

Secure Detention and Alternatives

If a youth is arrested while committing a crime and in the arresting officers opinion, needs to be detained, the youth is held in the Missoula County Juvenile Detention Facility. This facility is operated by the Missoula County Sheriff's Department. A Probation Officer must be notified of this incarceration when it takes place.

When a youth is held in detention, a "detention hearing" must take place within 24 hours (excluding weekends and holidays) of the youth's incarceration. At this time, the youth will be brought before a District Judge. If continued detention is requested, the Probation Officer, County Attorney will advise the Judge of this necessity. The Probation Officer will also inform the judge if there exist any less restrictive alternatives to detention.

The Youth Court Probation Office uses many alternatives to detention some of which are:

• Attention Home (Operated by Missoula Youth Homes)

• Home Arrest Program (Operated by Missoula Youth Court)

• Pretrial Supervision (Operated by Missoula Youth Court)

If a youth is continued in detention, charges must be filed within 7 days and a hearing on those charges must take place within 14 days.

Youth Drug Court

The Youth Drug Court Program is run through the Youth Court Probation Department with Judge John Larson presiding. The YDC is a treatment program provided by the Fourth Judicial District for young persons who have been discovered to have problems with alcohol and other drugs.

The referral process takes place when a JPO during any part of the court proceedings discovers that this young person is having problems surrounding his use of alcohol and other drugs. The Probation Officer will make a referral to the Drug Court Probation Officer who in turn makes a referral to the drug court team. The Drug Court team screens this young person for appropriateness and upon being accepted, the youth will participate in the Drug Court Program.

The YDC program also makes referrals to in-patient drug and alcohol treatment programs as well as out-of-home placements and residential treatment programs if deemed necessary.

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