41-5-1202. Preliminary inquiry -- procedure -- youth assessment. (1) In conducting a preliminary inquiry under 41-5-1201, the probation officer or assessment officer shall:
     (a) advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States;
     (b) determine whether the matter is within the jurisdiction of the court;
     (c) determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.
     (2) In conducting a preliminary inquiry, the probation officer or assessment officer may:
     (a) require the presence of any person relevant to the inquiry;
     (b) request subpoenas from the judge to accomplish this purpose;
     (c) require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;
     (d) perform a youth assessment pursuant to 41-5-1203.

     History: En. Secs. 6, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 78(5)(a), Ch. 550, L. 1997.