As of Monday, there were 39 youths and 13 adults housed at Pine Hills, according to the department's prison population report.

In Riverside, the department contracted with 5-C Juvenile Detention Center earlier this year to place girl offenders in a prison in St. Anthony, Idaho, freeing up the entire Montana facility for adult offenders. As of Monday, there were three girls listed as "off-site" on the department's population report.

The auditors found the contract is in violation of state law. The department may only sign a contract for the placement and care of delinquent youth when the youth prison population is over capacity, or when the state doesn't have an adequate facility, the report said.

The auditors recommended the department follow the law by using Pine Hills and Riverside as they were intended.

Batista wrote in response that along with the laws the audit cites, another state law requires that the department use its resources at maximum efficiency. The department decided to follow that law because of the low youth offender population, excess capacity in those prisons and because of the rising cost of care.