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

Mont. Code Ann. § 41-5-1604 (2026)

Disposition In Extended Jurisdiction Juvenile Prosecutions

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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 5
  4. Part 16
  5. 41-5-1604 Disposition in extended jurisdiction juvenile prosecutions

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 16. Extended Jurisdiction Prosecution Act

Disposition In Extended Jurisdiction Juvenile Prosecutions

41-5-1604. Disposition in extended jurisdiction juvenile prosecutions. (1) (a) After designation as an extended jurisdiction juvenile prosecution, the case must proceed with an adjudicatory hearing, as provided in 41-5-1502. If a youth in an extended jurisdiction juvenile prosecution admits to or is adjudicated 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, the court shall, subject to subsection (1)(b), impose a single judgment consisting of:

(i) one or more juvenile dispositions under 41-5-1512 or 41-5-1513; and

(ii) any sentence allowed by the statute that establishes the penalty for the offense of which the youth is convicted and that would be permissible if the offender were an adult. The execution of the sentence imposed under this subsection must be stayed on the condition that the youth not violate the provisions of the disposition order and not commit a new offense.

(b) The combined period of time of a juvenile disposition under subsection (1)(a)(i) plus an adult sentence under subsection (1)(a)(ii) may not exceed the maximum period of imprisonment that could be imposed on an adult convicted of the offense or offenses that brought the youth under the jurisdiction of the youth court. This subsection does not limit the power of the department to enter into a conditional release agreement with the youth pursuant to 52-5-126.

(2) If a youth prosecuted as an extended jurisdiction juvenile after designation by the county attorney in the delinquency petition under 41-5-1602(1)(b) admits to or is adjudicated to have committed an offense that would be a felony if committed by an adult that is not an offense described in 41-5-1602(1)(b), except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the court shall adjudicate the youth delinquent and order a disposition under 41-5-1513.

(3) If a youth in an extended jurisdiction juvenile prosecution admits to or is adjudicated to have committed an offense that would not be a felony if committed by an adult, the court shall impose a disposition as provided under subsection (1)(a).

History: En. Sec. 4, Ch. 438, L. 1995; amd. Sec. 8, Ch. 498, L. 1997; amd. Sec. 52, Ch. 550, L. 1997; Sec. 41-5-1104, MCA 1995; redes. 41-5-1604 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 5, Ch. 537, L. 1999; amd. Sec. 21, Ch. 344, L. 2019.

Notes of Decisions
Cited in 9 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 5× “” Section 41-5-1604(l)(b), MCA. If the court is subsequently informed that any condition of the disposition has been violated, or if it is alleged that the youth has committed a new offense, the court may, without notice, order the youth be taken into custody.”
State v. Lindsey, 2011 MT 46, 249 P.3d 491. · cites it 3× “Section 41-5-1604, MCA, requires, in extended jurisdiction cases, that there be a youth court adjudicatory hearing under § 41-5-1502, MCA.”
Matter of D.C. Jr. a Youth, 2014 MT 292N, 348 P.3d 170. · cites it 10× “The combined juvenile disposition and adult sentence, however, may not exceed the maximum term of imprisonment that could be imposed on an adult for that offense.”
Matter of K.E.G. Youth, 2013 MT 82, 298 P.3d 1151. · cites it 4× “ntervention”); § 41-5-1501, MCA (permitting a consent decree in lieu of an adjudication); § 41-5-1502, MCA (specifying procedures at an adjudicatory hearing); § 41-5-1524(3), MCA (requiring youth records to be maintained in a separate management information system and not to be…”
State v. Hinkle, 2008 MT 217, 186 P.3d 1279. · cites it 2× “Pursuant to § 41-5-1604(l)(a)(ii), MCA, Hinkle was supplementally sentenced to an adult sentence of twenty years commitment to the Department of Corrections, with the sentence stayed on the condition that he not violate the provisions of the dispositional order and not commit a…”
In Re Jw, 804 N.E.2d 1094 (Ill. App. Ct. 1st Dist. 2004). “2d at 1369 , quoting Mont.Code Ann. § 41-5-1604(1)(b). Five juveniles contested the constitutionality of the statute, claiming that it violated "equal protection by subjecting them to a longer period of incarceration than that permitted for an adult offender.”
Matter of S.G.-H.M. Jr., A Youth., 2021 MT 176, 490 P.3d 1248. · cites it 3× “The court also ordered, pursuant to § 41-5-1604, MCA, that the execution of the adult sentence was stayed on the condition that S.”
Matter of SLM, 951 P.2d 1365 (Mont. 1997). · cites it 5× “" Section 41-5-1604(1)(b), MCA. If the court is subsequently informed that any condition of the disposition has been violated, or if it is alleged that the youth has committed a new offense, the court may, without notice, order the youth be taken into custody.”
Hensley, No. 9:25-cv-00218 (D. Mont. Jan. 5, 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. § 41-5-1604(1)(a): 3 cases
Matter of K.E.G. Youth, 2013 MT 82, 298 P.3d 1151. “ntervention”); § 41-5-1501, MCA (permitting a consent decree in lieu of an adjudication); § 41-5-1502, MCA (specifying procedures at an adjudicatory hearing); § 41-5-1524(3), MCA (requiring youth records to be maintained in a separate management information system and not to be…”
Matter of D.C. Jr. a Youth, 2014 MT 292N, 348 P.3d 170. “The combined juvenile disposition and adult sentence, however, may not exceed the maximum term of imprisonment that could be imposed on an adult for that offense.”
Matter of S.G.-H.M. Jr., A Youth., 2021 MT 176, 490 P.3d 1248. “The court also ordered, pursuant to § 41-5-1604, MCA, that the execution of the adult sentence was stayed on the condition that S.”
Mont. Code Ann. § 41-5-1604(1)(a)(ii): 1 case
Matter of D.C. Jr. a Youth, 2014 MT 292N, 348 P.3d 170. “The combined juvenile disposition and adult sentence, however, may not exceed the maximum term of imprisonment that could be imposed on an adult for that offense.”
Mont. Code Ann. § 41-5-1604(1)(b): 3 cases
Matter of D.C. Jr. a Youth, 2014 MT 292N, 348 P.3d 170. “The combined juvenile disposition and adult sentence, however, may not exceed the maximum term of imprisonment that could be imposed on an adult for that offense.”
In Re Jw, 804 N.E.2d 1094 (Ill. App. Ct. 1st Dist. 2004). “2d at 1369 , quoting Mont.Code Ann. § 41-5-1604(1)(b). Five juveniles contested the constitutionality of the statute, claiming that it violated "equal protection by subjecting them to a longer period of incarceration than that permitted for an adult offender.”
Matter of SLM, 951 P.2d 1365 (Mont. 1997). “" Section 41-5-1604(1)(b), MCA. If the court is subsequently informed that any condition of the disposition has been violated, or if it is alleged that the youth has committed a new offense, the court may, without notice, order the youth be taken into custody.”
Mont. Code Ann. § 41-5-1604(l)(a): 1 case
Matter of K.E.G. Youth, 2013 MT 82, 298 P.3d 1151. “ntervention”); § 41-5-1501, MCA (permitting a consent decree in lieu of an adjudication); § 41-5-1502, MCA (specifying procedures at an adjudicatory hearing); § 41-5-1524(3), MCA (requiring youth records to be maintained in a separate management information system and not to be…”
Mont. Code Ann. § 41-5-1604(l)(a)(ii): 1 case
State v. Hinkle, 2008 MT 217, 186 P.3d 1279. “Pursuant to § 41-5-1604(l)(a)(ii), MCA, Hinkle was supplementally sentenced to an adult sentence of twenty years commitment to the Department of Corrections, with the sentence stayed on the condition that he not violate the provisions of the dispositional order and not commit a…”
Mont. Code Ann. § 41-5-1604(l)(b): 1 case
In re S.L.M., 951 P.2d 1365 (Mont. 1997). “” Section 41-5-1604(l)(b), MCA. If the court is subsequently informed that any condition of the disposition has been violated, or if it is alleged that the youth has committed a new offense, the court may, without notice, order the youth be taken into custody.”
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