Matter of N.V.

Summary

The Montana Supreme Court reviewed a delinquency disposition involving N.V., who was committed to the Department of Corrections and placed in a sexual offender treatment program. The Court held that polygraph information and evaluations influenced by that information could not be considered, requiring a new disposition hearing. It also held that the Youth Court lacked authority to extend jurisdiction beyond age twenty-one, while affirming the denial of family and counsel travel expenses.

Holdings

1. Polygraph results are inadmissible in any court proceeding, and a disposition is impermissibly tainted when polygraph information indirectly enters the court's review through evaluations or recommendations.
2. The Youth Court erred by considering Dr. Page's evaluation because the evaluation relied on polygraph information and reports influenced by that information.
3. The Youth Court lacked a legal basis to extend jurisdiction beyond N.V.'s twenty-first birthday because the Extended Jurisdiction Prosecution Act did not apply to an offense punishable by life imprisonment or a potential sentence of one hundred years.
4. The Youth Court did not abuse its discretion by denying funding for family travel and counseling.
5. The Youth Court did not abuse its discretion by denying reimbursement for counsel's travel expenses to visit N.V. at Pine Hills.

Questions Presented

1. Whether the Youth Court erred by considering polygraph information indirectly through evaluations and placement recommendations.
2. Whether the Youth Court erred by considering Dr. Robert Page's psychological evaluation after that evaluation relied on polygraph-related information.
3. Whether the Youth Court had authority to extend jurisdiction over N.V. until his twenty-fifth birthday.
4. Whether the Youth Court abused its discretion by denying family counseling and travel expenses for N.V.'s family.
5. Whether the Youth Court abused its discretion by denying reimbursement for appointed counsel's travel expenses to visit N.V.

Disposition

reversed_and_remanded