Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 5. YOUTH COURT ACT · Part 16. Extended Jurisdiction Prosecution Act
Montana Code Annotated

Mont. Code Ann. § 41-5-1602 (2026)

Extended Jurisdiction Juvenile Prosecution -- Designation

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 5
  4. Part 16
  5. 41-5-1602 Extended jurisdiction juvenile prosecution -- designation

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 16. Extended Jurisdiction Prosecution Act

Extended Jurisdiction Juvenile Prosecution -- Designation

41-5-1602. Extended jurisdiction juvenile prosecution -- designation. (1) A youth court case involving a youth alleged to have committed an offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, is an extended jurisdiction juvenile prosecution if:

(a) the youth was at least 14 years of age at the time of the alleged offense, the county attorney requests that the case be designated an extended jurisdiction juvenile prosecution, a hearing is held under 41-5-1603, and the court designates the case as an extended jurisdiction juvenile prosecution;

(b) the county attorney designates in the delinquency petition that the proceeding is an extended jurisdiction juvenile prosecution and the youth is alleged to have committed:

(i) an offense that is listed under 41-5-206, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed; or

(ii) any offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, in which the youth allegedly used a firearm, if the youth was at least 12 years of age at the time of the alleged offense; or

(c) after a hearing upon a motion for transfer of the matter of prosecution to the district court under 41-5-206, the court designates the case as an extended jurisdiction juvenile prosecution.

(2) To enforce the court's disposition in an extended jurisdiction juvenile prosecution, the court shall retain jurisdiction as provided in 41-5-205.

History: En. Sec. 2, Ch. 438, L. 1995; amd. Sec. 6, Ch. 498, L. 1997; Sec. 41-5-1102, MCA 1995; redes. 41-5-1602 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 4, Ch. 537, L. 1999.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1997–2026 · leading case: In re S.L.M., 951 P.2d 1365 (Mont. 1997).
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In re S.L.M., 951 P.2d 1365 (Mont. 1997). · cites it 12× “Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate.”
State v. Lindsey, 2011 MT 46 (Mont. 2011). · cites it 2× “¶5 The District Court concluded, on the record and in a subsequent written order, that he would consider transfer to youth court only if the extended jurisdiction dual sentence that Stratford recommended could be imposed, as provided in § 41-5-1602, MCA. Lindsey’s attorney told…”
State v. Hinkle, 2008 MT 217 (Mont. 2008). · cites it 2× “” The District Court “conditionally accepted the terms of the binding plea agreement” and transferred the matter to the Youth Court as an extended jurisdiction prosecution under § 41-5-1602, MCA (2003). *238 ¶6 A sentencing hearing was held March 6, 2006, and the District Court…”
In re N.V., 2004 MT 80 (Mont. 2004). · cites it 8× “Under the Extended Jurisdiction Prosecution Act, § 41-5-1602, MCA, provisions exist for extending the youth court’s jurisdiction over a juvenile prosecution when the youth is alleged to have committed an offense that would be a felony if committed by an adult.”
Matter of S.G.-H.M. Jr., A Youth., 2021 MT 176 (Mont. 2021). · cites it 2× “” Section 41-5-1602, MCA. The EJPA provides for a youth court disposition in such cases consisting of a juvenile disposition and an adult sentence that is “stayed on the condition that the youth not violate the provisions of the disposition order and not commit a new offense.”
In re J.A., 2011 MT 132 (Mont. 2011). “See §§ 41-5-1602(2) and 41-5-205(3), MCA. Further, while J.”
Matter of SLM, 951 P.2d 1365 (Mont. 1997). · cites it 12× “Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate.”
Matter of N.V., 2004 MT 80 (Mont. 2004). · cites it 5× “Under the Extended Jurisdiction Prosecution Act, § 41-5-1602, MCA, provisions exist for extending the youth court’s jurisdiction over a juvenile prosecution when the youth is alleged to have committed 8 an offense that would be a felony if committed by an adult.”
In Re Ja, 2011 MT 132 (Mont. 2011). “See §§ 41-5-1602(2) and 41-5-205(3), MCA. Further, while J.”
Hensley (D. Mont. 2026). “Specifically, Hensley was advised: “If the Youth’s case is designated as an Extended Jurisdiction Juvenile Prosecution pursuant to MCA §41-5-1602, the Youth could receive an adult penalty up to and including the maximum criminal penalty listed under each offense pursuant to MCA…”
Mont. Code Ann. § 41-5-1602(1): 2 cases
In re N.V., 2004 MT 80 (Mont. 2004). “Under the Extended Jurisdiction Prosecution Act, § 41-5-1602, MCA, provisions exist for extending the youth court’s jurisdiction over a juvenile prosecution when the youth is alleged to have committed an offense that would be a felony if committed by an adult.”
Matter of N.V., 2004 MT 80 (Mont. 2004). “Under the Extended Jurisdiction Prosecution Act, § 41-5-1602, MCA, provisions exist for extending the youth court’s jurisdiction over a juvenile prosecution when the youth is alleged to have committed 8 an offense that would be a felony if committed by an adult.”
Mont. Code Ann. § 41-5-1602(1)(b): 1 case
Matter of SLM, 951 P.2d 1365 (Mont. 1997). “Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate.”
Mont. Code Ann. § 41-5-1602(1)(c): 1 case
Matter of SLM, 951 P.2d 1365 (Mont. 1997). “Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate.”
Mont. Code Ann. § 41-5-1602(2): 2 cases
In re J.A., 2011 MT 132 (Mont. 2011). “See §§ 41-5-1602(2) and 41-5-205(3), MCA. Further, while J.”
In Re Ja, 2011 MT 132 (Mont. 2011). “See §§ 41-5-1602(2) and 41-5-205(3), MCA. Further, while J.”
Mont. Code Ann. § 41-5-1602(l)(b): 1 case
In re S.L.M., 951 P.2d 1365 (Mont. 1997). “Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate.”
Mont. Code Ann. § 41-5-1602(l)(c): 1 case
In re S.L.M., 951 P.2d 1365 (Mont. 1997). “Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate.”
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