In the Matter of ADT, 2015 MT 178 (June 30, 2015) (McKinnon, J.) (5-0, aff’d)
Issue: (1) Whether the district court improperly applied new probationary conditions prior to finding ADT violated the terms of his youth court disposition; and (2) whether the district court properly determined that ADT violated conditions of his youth court disposition.
Short Answer: (1) Yes, and (2) yes.
Facts: ADT was adjudicated a delinquent youth and juvenile offender in February 2012, upon his admission to one count each of sexual assault and sexual intercourse without consent. The most suitable place for ADT to receive sex offender treatment was Pine Hills. However, because ADT was 10 months away from turning 18, and the program normally takes 17-24 months, Youth Court services was concerned he would not be able to complete the program.…