Transferring to State District Youth Court

CLOC 9-8-102

Tribe: Crow Tribe of Montana

9-8-102. Transfer of Jurisdiction to State District Youth Court.
The Youth Presenter shall have discretionary
authority to transfer a juvenile offender to State Youth District Court based on input provided by the Juvenile
Probation Office and consistent with the factors set forth in 9-8-102 (2) below.
(1) A juvenile offender may be transferred to State Youth District Court only if:
(a) the offender is alleged to have committed a serious crime: and/or
(b) transfer will access services or funding for the youth not available through the Tribe.
(2) The Youth Presenter shall consider the following factors to determine transfer:
(a) the nature and seriousness of the alleged offense,
(b) the youth’s nature and condition as evidenced by his/her age, mental and/or physical condition,
(c) the youth’s past record of offenses,
(d) availability of funding for treatment, and
(e) services that are available through state youth district court that are not available through Tribal
Youth Court.
(3) Transfer report. The juvenile officer shall prepare a transfer report for the Youth Court Presenter to consider
which will address the issues described above. This report shall be attached to the motion of transfer.

Read Full Text of CLOC 9-8-102