Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 5. YOUTH COURT ACT · Part 2. Youth Court -- Jurisdiction -- Records
Montana Code Annotated

Mont. Code Ann. § 41-5-208 (2026)

Transfer Of Supervisory Responsibility To District Court After Juvenile Disposition -- Nonextended Jurisdiction And Nontransferred Cases

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 5
  4. Part 2
  5. 41-5-208 Transfer of supervisory responsibility to district court after juvenile disposition -- nonextended jurisdiction and nontransferred cases

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 2. Youth Court -- Jurisdiction -- Records

Transfer Of Supervisory Responsibility To District Court After Juvenile Disposition -- Nonextended Jurisdiction And Nontransferred Cases

41-5-208. Transfer of supervisory responsibility to district court after juvenile disposition -- nonextended jurisdiction and nontransferred cases. (1) (a) After adjudication by the court of a case that was not sentenced to district court pursuant to 41-5-206 and that was not prosecuted as an extended jurisdiction juvenile prosecution under part 16 of this chapter, the court may, on the youth's motion or the motion of the county attorney, transfer jurisdiction to the district court and order the transfer of supervisory responsibility from juvenile probation services to adult probation services. A transfer based on a motion may be made at any time after a youth reaches 18 years of age but before the youth reaches 21 years of age.

(b) A transfer under this section may be made to ensure continued compliance with the court's disposition under 41-5-1512 or 41-5-1513 or through stipulation to provide the youth with additional supervision, care, rehabilitation, detention, competency development, and community protection.

(2) Before transfer, the court shall hold a hearing on whether the transfer should be made. The hearing must be held in conformity with the rules on a hearing on a petition alleging delinquency, except that the hearing must be conducted by the court without a jury. The court shall give the youth, the youth's counsel, and the youth's parents, guardian, or custodian notice in writing of the time, place, and purpose of the hearing at least 10 days before the hearing. At the hearing, the youth is entitled to receive:

(a) written notice of the motion to transfer;

(b) an opportunity to be heard in person and to present witnesses and evidence;

(c) a written statement by the court of the evidence relied on and reasons for the transfer;

(d) the right to cross-examine witnesses, unless the court finds good cause for not allowing confrontation; and

(e) the right to counsel.

(3) After the hearing, if the court finds by a preponderance of the evidence that transfer of continuing supervisory responsibility to the district court is appropriate, the court shall order the transfer.

(4) If a youth whose case has been transferred to district court under this section violates a disposition previously imposed under 41-5-1512 or 41-5-1513, the district court may, after hearing, impose conditions as provided under 46-18-201 through 46-18-203 but may not place a youth in a state adult correctional facility unless the youth was adjudicated for a felony offense.

(5) (a) The hearings under subsections (2) and (4) may be waived by the youth through a stipulation in writing prior to or after an adjudication by the court of a case that was not:

(i) sentenced in district court pursuant to 41-5-206; or

(ii) prosecuted as an extended jurisdiction juvenile prosecution under part 16 of this chapter.

(b) Jurisdiction must automatically transfer to the district court, and supervisory responsibility must automatically transfer to adult probation services on the youth turning 18 years of age. The district court may impose conditions as provided under 46-18-201 through 46-18-203, but the youth may not be incarcerated in a state adult correctional facility unless stipulated by the parties.

(c) The stipulation provided for in subsection (5)(a) must:

(i) advise the youth of their rights to a hearing pursuant to subsections (2) and (4);

(ii) advise the youth that the youth is knowingly and voluntarily waiving the right to hearings;

(iii) advise the youth of the youth's right to counsel; and

(iv) specify the age the youth is to be supervised by adult probation services, up to 25 years of age.

(6) If, at the time of transfer, the youth is incarcerated in a correctional facility, the district court may order that the youth, after reaching 18 years of age:

(a) be incarcerated in a state adult correctional facility if the youth was adjudicated for a felony offense, boot camp, or prerelease center; or

(b) be supervised by the department.

(7) The district court's jurisdiction over a case transferred under this section terminates when the youth reaches 25 years of age.

History: En. Sec. 6, Ch. 438, L. 1995; amd. Sec. 4, Ch. 286, L. 1997; amd. Sec. 4, Ch. 498, L. 1997; amd. Sec. 19, Ch. 550, L. 1997; amd. Sec. 3, Ch. 537, L. 1999; amd. Sec. 1, Ch. 51, L. 2015; amd. Sec. 9, Ch. 339, L. 2021; amd. Sec. 2, Ch. 438, L. 2025.

Notes of Decisions
Cited in 32 cases (4 in the last 5 years), 1999–2026 · leading case: In re A.D.T., 2015 MT 178 (Mont. 2015).
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In re A.D.T., 2015 MT 178 (Mont. 2015). · cites it 33× “was transferred to district court pursuant to § 41-5-208, MCA, for supervision by the Department of Corrections (DOC) when he reached his 18th birthday.”
State v. Andersen-Conway, 2007 MT 281 (Mont. 2007). · cites it 7× “1 ¶7 The State and Andersen-Conway entered into a stipulation to transfer supervisory authority over him from Youth Court to District Court, pursuant to § 41-5-208, MCA. The stipulation, dated May 13, 2004, states that the District Court retains jurisdiction over Andersen-Conway…”
Matter of A.D.T., 2015 MT 178 (Mont. 2015). · cites it 32× “was transferred to district court pursuant to § 41-5-208, MCA, for supervision by the Department of Corrections (DOC) when he reached his 18th birthday.”
In Re S.m.k.-s.h., 2012 MT 281 (Mont. 2012). · cites it 13× “, ¶ 15 (citing § 41-5-208, MCA). Although we held that a youth court purposefully may retain jurisdiction over a youth after his probation ends by ordering him to appear for a transfer hearing pursuant to § 41-5-208, MCA, we did not state that a youth court is required to do so…”
Davis v. State, 2004 MT 112 (Mont. 2004). · cites it 4× “¶18 The county attorney properly filed the Information in District Court pursuant to § 41-5-206(2), MCA, which provides: “The county attorney shall file with the district court a petition for leave to file an information in the district court if the youth was 17 years of age at…”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). · cites it 10× “that it was not appropriate to apply this adult sentencing statute. T.M.R., ¶ 16.”
Matter of T.M.L. Youth Under 18., 2012 MT 9 (Mont. 2012). · cites it 8× “Upon reaching the age of 18, the Youth will appear before the Court for the purpose of a Transfer Hearing pursuant to §41-5-208, MCA, to transfer supervision and responsibility to the District Court and the supervision to the Adult Probation and Parole Department and to…”
In re J.A., 2011 MT 132 (Mont. 2011). · cites it 22× “No order had been issued transferring the case to district court. J. A. made his initial appearance in Youth Court in July 2010 and moved for release from custody for lack of jurisdiction.”
In re T.M.R., 2006 MT 246 (Mont. 2006). · cites it 11× “was placed on probation until age twenty-two, supervised by adult probation pursuant to § 41-5-208, MCA, and the parties’ stipulation.”
In re E.G., 2014 MT 148 (Mont. 2014). · cites it 20× “The youth court must hold a hearing before ordering transfer and must give notice of the hearing to the youth, the youth’s counsel, and the youth’s parents or guardian.”
In re M.W., 2012 MT 44 (Mont. 2012). · cites it 4× “’s case to District Court and his supervision to adult probation and parole pursuant to §41-5-208, MCA, because he was approaching age 18 and had not completed sexual offender treatment.”
State v. Butler, 1999 MT 70 (Mont. 1999). · cites it 3× “Instead, the decision as to whether there is probable cause to believe that the youth committed the offense and whether the seriousness of the offense and the interests of community protection are such that the case should be brought within the district court rests with the…”
Show all 32 citing cases →
— Mont. Code Ann. § 41-5-208(1) — 13 cases
State v. Andersen-Conway, 2007 MT 281 (Mont. 2007). “1 ¶7 The State and Andersen-Conway entered into a stipulation to transfer supervisory authority over him from Youth Court to District Court, pursuant to § 41-5-208, MCA. The stipulation, dated May 13, 2004, states that the District Court retains jurisdiction over Andersen-Conway…”
In re J.A., 2011 MT 132 (Mont. 2011). “No order had been issued transferring the case to district court. J. A. made his initial appearance in Youth Court in July 2010 and moved for release from custody for lack of jurisdiction.”
In Re S.m.k.-s.h., 2012 MT 281 (Mont. 2012). “, ¶ 15 (citing § 41-5-208, MCA). Although we held that a youth court purposefully may retain jurisdiction over a youth after his probation ends by ordering him to appear for a transfer hearing pursuant to § 41-5-208, MCA, we did not state that a youth court is required to do so…”
Matter of T.M.L. Youth Under 18., 2012 MT 9 (Mont. 2012). “Upon reaching the age of 18, the Youth will appear before the Court for the purpose of a Transfer Hearing pursuant to §41-5-208, MCA, to transfer supervision and responsibility to the District Court and the supervision to the Adult Probation and Parole Department and to…”
In re A.D.T., 2015 MT 178 (Mont. 2015). “was transferred to district court pursuant to § 41-5-208, MCA, for supervision by the Department of Corrections (DOC) when he reached his 18th birthday.”
— Mont. Code Ann. § 41-5-208(2) — 6 cases
In re E.G., 2014 MT 148 (Mont. 2014). “The youth court must hold a hearing before ordering transfer and must give notice of the hearing to the youth, the youth’s counsel, and the youth’s parents or guardian.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). “that it was not appropriate to apply this adult sentencing statute. T.M.R., ¶ 16.”
In re J.A., 2011 MT 132 (Mont. 2011). “No order had been issued transferring the case to district court. J. A. made his initial appearance in Youth Court in July 2010 and moved for release from custody for lack of jurisdiction.”
Matter of E.G., 2014 MT 148 (Mont. 2014).
In Re Ja, 2011 MT 132 (Mont. 2011).
— Mont. Code Ann. § 41-5-208(3) — 2 cases
State v. Underdahl, 386 Mont. 59 (Mont. 2016).
State v. H.R., 2023 MT 210 (Mont. 2023).
— Mont. Code Ann. § 41-5-208(4) — 10 cases
In re A.D.T., 2015 MT 178 (Mont. 2015). “was transferred to district court pursuant to § 41-5-208, MCA, for supervision by the Department of Corrections (DOC) when he reached his 18th birthday.”
Matter of A.D.T., 2015 MT 178 (Mont. 2015). “was transferred to district court pursuant to § 41-5-208, MCA, for supervision by the Department of Corrections (DOC) when he reached his 18th birthday.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). “that it was not appropriate to apply this adult sentencing statute. T.M.R., ¶ 16.”
In re T.M.R., 2006 MT 246 (Mont. 2006). “was placed on probation until age twenty-two, supervised by adult probation pursuant to § 41-5-208, MCA, and the parties’ stipulation.”
In Re Young, 1999 MT 195 (Mont. 1999).
— Mont. Code Ann. § 41-5-208(5) — 5 cases
In re H.C.R., 2007 MT 64 (Mont. 2007).
In re A.S.M., 2014 MT 133 (Mont. 2014).
State v. H.R., 2023 MT 210 (Mont. 2023).
Matter of A.S.M., 2014 MT 133 (Mont. 2014).
Matter of H.C.R., 2007 MT 64 (Mont. 2007).
— Mont. Code Ann. § 41-5-208(6) — 3 cases
In re J.A., 2011 MT 132 (Mont. 2011). “No order had been issued transferring the case to district court. J. A. made his initial appearance in Youth Court in July 2010 and moved for release from custody for lack of jurisdiction.”
In Re Ja, 2011 MT 132 (Mont. 2011).
State v. H.R., 2023 MT 210 (Mont. 2023).
— Mont. Code Ann. § 41-5-208(l) — 1 case
In re J.A., 2011 MT 132 (Mont. 2011). “No order had been issued transferring the case to district court. J. A. made his initial appearance in Youth Court in July 2010 and moved for release from custody for lack of jurisdiction.”
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