S.L.M., Matter of

Decision Date30 December 1997
Docket Number96-546 and 96-547,96-220,Nos. 96-576,96-337,s. 96-576
PartiesIn the Matter of S.L.M., a Youth. In the Matter of S.T., a Youth. In the Matter of J.L.C., a Youth. In the Matter of J.A.T., a Youth. In the Matter of L.D., a Youth.
CourtMontana Supreme Court

Daniel P. Buckley (argued), Berg, Lilly, Andriolo & Tollefsen, Bozeman, for Appellants (96-576).

D.E. Pomery (argued), Bozeman, for Appellants (96-337).

John Keith, Great Falls, for Appellants (96-220).

Roberta A. Drew, Yellowstone County Defender's Office, Billings, for Appellants (96-546 and -547).

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin (argued), Helena, for Respondent.

LEAPHART, Justice.

The appellants in these five appeals challenge the Extended Jurisdiction Prosecution Act, §§ 41-5-1601 through -1607, MCA, (EJPA) as being unconstitutional under the equal protection, due process and double jeopardy clauses of the United States and Montana constitutions, as well as under Article II, Section 15 of the Montana Constitution. Although there are some factual differences in how each prosecution evolved as well as differences in the conclusions reached by the various District Courts, the constitutional issues presented encompass each of the appeals. Accordingly, we consolidate these appeals for purposes of an opinion. Since we determine that the EJPA violates Article II, Section 4 (equal protection) of the Montana Constitution and Article II, Section 15 (rights of minors) of the Montana Constitution, we need not address the double jeopardy and due process challenges.

PROCEDURAL BACKGROUND OF EACH APPEAL
I. In the Matter of S.L.M., Cause No. 96-576, Gallatin County:

The Youth S.L.M. was charged with perjury and the criminal sale of dangerous drugs, both punishable as felonies if committed by an adult. The State alleged that S.M. sold $150 worth of marijuana to an undercover agent. At the time of the offense, S.M. was under the age of 18 years. The State requested extended jurisdiction under the EJPA. The District Court held a hearing and granted extended jurisdiction over the charge of criminal sale of dangerous drugs, but did not extend jurisdiction over the charge of perjury, an offense which is not enumerated for extended jurisdiction under the EJPA. At the disposition hearing, the Youth argued that the EJPA violates the equal protection, double jeopardy, and due process guarantees of the Montana and United States constitutions. The District Court rejected the Youth's contentions and committed him to the Department of Corrections until he reaches the age of 19. The District Court then entered and stayed a Sentence and Judgment of 10 years on the charge of criminal sale of dangerous drugs. The Youth filed a motion for correction of sentence or reconsideration. That motion was denied, and the Youth appealed to this Court.

II. In the Matter of J.L.C., Cause No. 96-220, Hill County:

The Youth J.L.C. was charged with negligent homicide as the result of a car accident in which J.L.C. was driving a vehicle while under the influence of drugs and alcohol. The vehicle rolled, and one of the two passengers died from injuries received. J.L.C. was 17 years of age at the time of the incident. At the request of the county attorney, the District Court granted extended jurisdiction over the charge of negligent homicide. The Youth pled guilty to negligent homicide, and the court, by way of a juvenile disposition, placed the Youth on formal probation until he reaches the age of 21. In addition, under the EJPA, the court imposed an adult sentence committing the Youth to the Department of Corrections for a period of 5 years, suspended. The Youth filed a notice of appeal to this Court.

III. In the Matter of S.T., Cause No. 96-337, Gallatin County:

S.T. was charged in Youth Court with eight offenses, including two burglaries. He admitted to having committed each of the offenses. The State filed a motion to have the case designated an extended jurisdiction prosecution. S.T. challenged the EJPA as unconstitutional under the double jeopardy Based upon a report of probation violations, the State subsequently filed a request with the court to impose the adult portion of the sentence. S.T. was arrested pursuant to a bench warrant. After initially denying the violations, S.T. admitted the violations of probation. The court then imposed the sentence of 10 years with the Department of Corrections, suspended 5 years, and imposed conditions for the suspended portion of the sentence. S.T. was credited with 91 days of incarceration served under the juvenile disposition.

clause, the due process clause and Article II, Section 15 of the Montana Constitution. The District Court rejected the constitutional challenges and imposed a juvenile disposition (chemical dependency treatment, random urinalysis and restitution) under § 41-5-523, MCA, of the Youth Court Act as well as an adult sentence under § 46-18-201, MCA (ten years to the Department of Corrections, stayed).

IV. In the Matter of J.A.T., Cause No. 96-546, Yellowstone County and In the Matter of L.D., Cause No. 96-547, Yellowstone County:

J.A.T. was charged in Youth Court with assault with a dangerous weapon and misdemeanor theft. The State requested extended jurisdiction for the charge of assault. J.A.T. admitted the allegations in the petition and proceeded to challenge the constitutionality of the EJPA. The court ordered J.A.T. committed to the Department of Corrections until the age of 19. The court stayed the commitment on condition that J.A.T. continue to reside with his grandfather and attend school. The court held the adult portion of the sentence in abeyance pending a ruling on the Youth's motion challenging the constitutionality of the EJPA.

Subsequently, the State filed a petition charging the Youth with possessing drug paraphernalia and, on that basis, sought to revoke the prior suspension of commitment. J.A.T admitted the allegations, and the court placed him on probation for one year.

In a separate matter, in November of 1995, the State charged L.D. with being a delinquent youth for committing deliberate homicide. The State later amended its petition to charge negligent homicide as an alternate charge. L.D. admitted to the charge of negligent homicide, but challenged the constitutionality of the EJPA. The court declared L.D. a delinquent youth and committed him to the Department of Corrections until age 19. The court took the issue of whether to designate the case as one for extended jurisdiction under advisement.

On July 19, 1996, the court issued a consolidated order in both L.D. and J.A.T. declaring the EJPA unconstitutional on double jeopardy, due process and equal protection grounds. The State appeals from that decision.

ISSUES PRESENTED

1. Does the EJPA violate the equal protection clauses of the United States Constitution and/or the Montana Constitution?

2. Does the EJPA violate the provisions of Article II, Section 15 of the Montana Constitution?

3. Does the EJPA violate the double jeopardy clauses of the United States Constitution and/or the Montana Constitution?

4. Does the EJPA violate the due process clauses of the United States Constitution and/or the Montana Constitution?

DISCUSSION
I. Overview of the Extended Jurisdiction Prosecution Act

In 1995, the legislature substantially revised the Montana Youth Court Act, including amending the Declaration of Purpose to effectuate the following purpose:

to prevent and reduce youth delinquency through immediate, consistent, enforceable, and avoidable consequences of youths' actions and to establish a program Section 41-5-102(2), MCA (1995).

of supervision, care, rehabilitation, detention, competency development, community protection, and, in appropriate cases, restitution as ordered by the youth court[.]

As part of the broad 1995 revision of the Youth Court Act, the EJPA was enacted. The EJPA is now codified at Title 41, Chapter 5, Part 16, MCA. Although the youths herein were all sentenced under the EJPA as it was enacted in 1995, the 1997 legislature amended the EJPA to provide for more procedural due process in revocation of stay proceedings. See § 41-5-1605, MCA. If the State were to initiate revocation of stay proceedings against any of the appellants, the 1997 amendments would inure to their benefit. However, for purposes of our equal protection analysis, the sentencing provisions of the Act remain the same in that they still provide for imposition of an adult sentence in addition to a juvenile disposition. Accordingly, we will refer to the Act as amended an codified at Title 45, Chapter 5, Part 16, MCA.

A youth court case may be designated an "extended jurisdiction juvenile prosecution" when the offender is at least 14 years of age, the county attorney requests that the case be designated an extended jurisdiction juvenile prosecution, a hearing is held, and the youth court designates the case as such. Section 41-5-1602, MCA. If, after a hearing, the county attorney has shown by clear and convincing evidence that designating the case an extended jurisdiction prosecution serves the public safety, the youth court may so designate. Section 41-5-1603(3), MCA.

A case may also fall under the EJPA if the youth is alleged to have committed one or more of the offenses listed under § 41-5-206, MCA, and the county attorney designates the case as an extended jurisdiction prosecution. Section 41-5-1602(1)(b), MCA. The case may also fall under the EJPA if the youth was at least 12 years of age, allegedly committed an offense which, if committed by an adult, would be punishable as a felony, and allegedly used a firearm in the commission of the offense. Section 41-5-1602(1)(b), MCA. Additionally, the case may be designated an extended jurisdiction prosecution if, after a hearing on the motion to transfer the case for prosecution in district court under §...

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