reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 52. Family Services › Chapter 6. Battered Spouses › Part 1. Battered Spouses Grant Programs › 52-6-103. Authorized grantees -- criteria for grants

52-6-103. (Temporary) Authorized grantees -- criteria for grants.
(1) The department of public health and human services shall award battered spouses and domestic violence grants only to local partner or family member assault programs that are locally controlled. Grants may be awarded to governmental or nongovernmental agencies or persons.
(2) Battered spouses and domestic violence grants are to be awarded on the following basis:
(a) demonstrated need;
(b) project merit;
(c) administrative design; and
(d) efficiency of administration. (Repealed effective October 1, 2024--sec. 7, Ch. 62, L. 2023, sec. 9, Ch. 62, L. 2023.)
History: En. Sec. 3, Ch. 677, L. 1979; amd. Sec. 11, Ch. 609, L. 1987; Sec. 40-2-403, MCA 1989; redes. 52-6-103 by Code Commissioner, 1991; amd. Sec. 32, Ch. 350, L. 1995; amd. Sec. 389, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 6. Battered Spouses › Part 1. Battered Spouses Grant Programs › 52-6-104. Authorized services of programs

52-6-104. (Temporary) Authorized services of programs.
(1) Local battered spouses and domestic violence programs may provide services that include but are not limited to the following:
(a) counseling for victims or their spouses;
(b) shelters or safe homes for victims;
(c) advocacy programs that assist victims in obtaining services and information; and
(d) educational programs relating to battered spouses and domestic violence designed for both the community at large and specialized groups such as hospital personnel and law enforcement officials.
(2) The services authorized in subsection (1) may be provided on a regional basis by a local battered spouses and domestic violence program if authorized by the department of public health and human services according to regional boundaries established by the department. (Repealed effective October 1, 2024--sec. 7, Ch. 62, L. 2023, sec. 9, Ch. 62, L. 2023.)
History: En. Sec. 4, Ch. 677, L. 1979; amd. Sec. 3, Ch. 493, L. 1981; amd. Sec. 11, Ch. 609, L. 1987; Sec. 40-2-404, MCA 1989; redes. 52-6-104 by Code Commissioner, 1991; amd. Sec. 390, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 6. Battered Spouses › Part 1. Battered Spouses Grant Programs › 52-6-105. Funding

52-6-105. (Temporary) Funding.
Twenty percent of the operational costs of a battered spouses and domestic violence program must come from the local community served by the program. The local contribution may include in-kind contributions. (Repealed effective October 1, 2024--sec. 7, Ch. 62, L. 2023, sec. 9, Ch. 62, L. 2023.)
History: En. Sec. 2, Ch. 677, L. 1979; amd. Sec. 4, Ch. 493, L. 1981; amd. Sec. 3, Ch. 12, L. 1983; amd. Sec. 2, Ch. 553, L. 1987; Sec. 40-2-405, MCA 1989; redes. 52-6-105 by Code Commissioner, 1991; amd. Sec. 52, Ch. 509, L. 1995; amd. Sec. 152, Ch. 574, L. 2001; amd. Sec. 48, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 7. Montana Children's Trust Fund › Part 1. General › 52-7-101. Child abuse and neglect prevention program

52-7-101. Child abuse and neglect prevention program.
(1) The Montana children's trust fund board, provided for in 2-15-2214, shall use the money in the children's trust fund account established by 52-7-102 and the interest from the endowment established by 52-7-105 to fund services and activities related to a broad range of child abuse and neglect prevention activities and family resource programs operated by nonprofit or public community-based educational and service organizations.
(2) In administering the child abuse and neglect prevention program, the board shall:
(a) develop a state plan, priorities for funded services and activities, and criteria for the receipt of program funds;
(b) monitor the expenditure of funds by organizations receiving funds under this section;
(c) evaluate the effectiveness of services and activities funded under this section; and
(d) adopt rules necessary to implement 52-7-103, 52-7-104, and this section.
History: En. Sec. 3, Ch. 610, L. 1985; amd. Sec. 1, Ch. 405, L. 1997; Sec. 41-3-701, MCA 1999; redes. 52-7-101 by Sec. 17(3)(c), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 7. Montana Children's Trust Fund › Part 1. General › 52-7-102. Children's trust fund account -- nonsupplantation of funds

52-7-102. Children's trust fund account -- nonsupplantation of funds.
(1) There is a children's trust fund account in the state special revenue fund in the state treasury. The money in the account is allocated to the Montana children's trust fund board, provided for in 2-15-2214, for funding services and activities under and payment of administrative costs of the child abuse and neglect prevention program provided for in 52-7-101.
(2) Funds deposited in the children's trust fund account may be used only for the program authorized in 52-7-101 and may not be used to pay the expenses of any other program or service administered in whole or in part by the department of public health and human services.
History: (1)En. Sec. 1, Ch. 610, L. 1985; (2)En. Sec. 6, Ch. 610, L. 1985; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 171, Ch. 546, L. 1995; Sec. 41-3-702, MCA 1999; redes. 52-7-102 by Sec. 17(3)(c), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 7. Montana Children's Trust Fund › Part 1. General › 52-7-103. Gifts and grants to program

52-7-103. Gifts and grants to program.
The Montana children's trust fund board may accept contributions, gifts, and grants, in money or otherwise, to the child abuse and neglect prevention program. Monetary gifts, contributions, and grants earmarked for the endowment for children must be paid into the endowment established by 52-7-105.
History: En. Sec. 4, Ch. 610, L. 1985; amd. Sec. 2, Ch. 405, L. 1997; Sec. 41-3-703, MCA 1999; redes. 52-7-103 by Sec. 17(3)(c), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 7. Montana Children's Trust Fund › Part 1. General › 52-7-104. Program costs

52-7-104. Program costs.
The costs incurred by the Montana children's trust fund board in administering the child abuse and neglect prevention program must be paid for with money from the children's trust fund account established by 52-7-102. The board shall keep costs to a minimum and use existing office space, personnel, equipment, and supplies of the department of public health and human services to the extent possible.
History: En. Sec. 5, Ch. 610, L. 1985; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 172, Ch. 546, L. 1995; Sec. 41-3-704, MCA 1999; redes. 52-7-104 by Sec. 17(3)(c), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 7. Montana Children's Trust Fund › Part 1. General › 52-7-105. Endowment for children

52-7-105. Endowment for children.
(1) There is within the permanent fund type an endowment for children. The endowment is not subject to appropriation. The purpose of the endowment is to provide a permanent source of funding to support the programs and services referred to in 52-7-101.
(2) The endowment may receive funds from:
(a) appropriations;
(b) gifts, grants, and donations, from public or private sources; and
(c) other money credited or transferred to the endowment from any other fund or source.
(3) The state treasurer must receive and shall deposit money in the endowment. The board of investments shall invest the money in the endowment. Only the interest generated by the endowment is available for expenditure by the board.
History: En. Sec. 3, Ch. 405, L. 1997; amd. Sec. 1, Ch. 356, L. 1999; amd. Sec. 21, Ch. 34, L. 2001; Sec. 41-3-705, MCA 1999; redes. 52-7-105 by Sec. 17(3)(c), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 8. Licensing of Child Placement Agency › Part 1. Licensing › 52-8-101. Definitions

52-8-101. Definitions.
As used in this part, the following definitions apply:
(1) "Person" includes any individual, partnership, voluntary association, or corporation.
(2) "Placement activities" means any of the following:
(a) placement of a child for adoption or foster care;
(b) arranging or providing short-term foster care for a child pending an adoptive placement; or
(c) facilitating placement of a child by maintaining a list in any form of birth parents or prospective adoptive or foster parents.
(3) "Soliciting" means to request, offer, promote, or refer, either directly or indirectly through correspondence, advertising, or other method, a potential adoptive or foster parent or couple, birth parent or parents, or placement of a child by a birth parent.
History: En. Sec. 151, Ch. 480, L. 1997; amd. Sec. 26, Ch. 311, L. 2001; Sec. 42-8-101, MCA 1999; redes. 52-8-101 by Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 8. Licensing of Child Placement Agency › Part 1. Licensing › 52-8-102. General duties of department

52-8-102. General duties of department.
The department shall:
(1) issue licenses to entities engaged in child placement activities on October 1, 1997, if the licensed applicant has met the requirements established by the department by rule;
(2) prescribe the conditions upon which child-placing licenses are issued and revoked; and
(3) adopt rules for the conduct of the affairs of child-placing agencies that are consistent with the welfare of children.
History: En. Sec. 152, Ch. 480, L. 1997; Sec. 42-8-102, MCA 1999; redes. 52-8-102 by Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 8. Licensing of Child Placement Agency › Part 1. Licensing › 52-8-103. License required -- exception -- term of license -- no fee charged

52-8-103. License required -- exception -- term of license -- no fee charged.
(1) Except as provided in subsection (2), only an entity holding a current child-placing agency license issued by the department may act as an agency for the purpose of:
(a) procuring or selecting proposed adoptive or foster homes;
(b) placing children in proposed adoptive or foster homes;
(c) soliciting persons to adopt or foster children or arranging for persons to adopt or foster children;
(d) soliciting persons to relinquish children or place children in potential adoptive or foster homes; or
(e) engaging in placement activities.
(2) (a) An attorney or health care provider may assist a parent in identifying or locating a person interested in adopting the parent's child or in identifying or locating a child to be adopted, provided that the attorney or health care provider shall also provide an expectant parent and prospective adoptive parent with a list of agencies licensed to assist with adoption support services and counseling. No payment, charge, fee, reimbursement of expense, or exchange of value of any kind may be made to the attorney or health care provider assisting the parent.
(b) An adoption in which an attorney or health care provider assists as allowed under subsection (2)(a) must comply with the provisions of Title 42 and this chapter.
(c) For the purposes of this subsection (2), "health care provider" means a person licensed under Title 37 whose scope of practice includes the provision of obstetrical care.
(3) Licenses are valid for 1 year after issuance. A fee may not be charged for a license.
History: En. Sec. 153, Ch. 480, L. 1997; amd. Sec. 27, Ch. 311, L. 2001; Sec. 42-8-103, MCA 1999; redes. 52-8-103 by Sec. 17(3)(e), Ch. 281, L. 2001; amd. Sec. 2, Ch. 528, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 8. Licensing of Child Placement Agency › Part 1. Licensing › 52-8-104. Requirements for licensure

52-8-104. Requirements for licensure.
The department may issue licenses to agencies meeting the following minimum requirements:
(1) The chief function of the agency or a specific program within the agency must be the care and placement of children.
(2) The agency operates on a nonprofit basis and is financially responsible in and for its operation.
(3) The agency meets the requirements as designated by the department by rule.
(4) The directing or managing personnel of the agency must be qualified both on the basis of professional educational experience and character.
(5) The agency shall maintain complete records of the children and adoptive or foster parents with which the agency deals. Adoption records must be maintained in accordance with 42-6-101.
(6) The agency shall maintain and use an in-state office for making a social study of the child, particularly with regard to the physical and mental condition of the child and the child's family background.
(7) The agency shall maintain and use an in-state office for conducting a preplacement evaluation for adoptive parents or a home study for foster parents, particularly with regard to the physical and mental health, emotional stability, and personal integrity of the adoptive or foster parents and their ability to promote the child's welfare.
(8) The agency must have the ability to provide education for adoptive or foster parents and adoptive decision support services for placing parents as required in 42-2-409 and department rules.
(9) The agency shall agree to cooperate with courts having jurisdiction in adoptive or foster care matters and with other public agencies having to deal with the welfare of children.
(10) The agency shall, annually, submit a full, complete, and true financial statement to the department, and the statement must contain a full accounting of the operations of the agency during the preceding year.
History: En. Sec. 154, Ch. 480, L. 1997; amd. Sec. 28, Ch. 311, L. 2001; Sec. 42-8-104, MCA 1999; redes. 52-8-104 by Sec. 17(3)(e), Ch. 281, L. 2001; amd. Sec. 11, Ch. 175, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 8. Licensing of Child Placement Agency › Part 1. Licensing › 52-8-107. Investigation of agencies -- cancellation of licenses

52-8-107. Investigation of agencies -- cancellation of licenses.
(1) The department may, through its authorized representative, investigate the operations of licensed agencies and may cancel licenses for failure to observe prescribed rules or to maintain minimum requirements. An agency shall give to representatives of the department all information requested and allow them to observe the operation of the agency.
(2) When the department finds, upon the basis of the statement required by 52-8-104(10) or upon its own investigation, that an agency has not conducted or is financially incapable of conducting its operations according to the established standards, the department may suspend, revoke, or deny a license for the agency.
History: En. Sec. 155, Ch. 480, L. 1997; amd. Sec. 29, Ch. 311, L. 2001; Sec. 42-8-107, MCA 1999; redes. 52-8-107 by Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 8. Licensing of Child Placement Agency › Part 1. Licensing › 52-8-108. Violation a misdemeanor -- penalty

52-8-108. Violation a misdemeanor -- penalty.
(1) Any person who maintains or conducts an agency for procuring the adoption of children or assists in the maintaining or conducting of an agency without first obtaining a child-placing license is guilty of a misdemeanor and upon conviction of a first offense shall be punished by a fine not exceeding $1,000 or imprisonment for up to 1 year in jail and shall be enjoined from further engaging in agency activities.
(2) Upon the second conviction of a person for violation of 52-8-103, 52-8-104, and 52-8-107, the person is guilty of a felony and may be punished by a fine not exceeding $10,000 or imprisonment for up to 5 years in prison and shall be enjoined from further engaging in agency activities.
History: En. Sec. 156, Ch. 480, L. 1997; Sec. 42-8-108, MCA 1999; redes. 52-8-108 by Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-101. Repealed

53-1-101. Repealed.
Sec. 567, Ch. 546, L. 1995.
History: En. Sec. 2, Ch. 199, L. 1965; amd. Sec. 39, Ch. 120, L. 1974; R.C.M. 1947, 80-1402; amd. Sec. 1, Ch. 495, L. 1979; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-102. Removal of patients from state custodial institutions or correctional facilities without permission a misdemeanor

53-1-102. Removal of patients from state custodial institutions or correctional facilities without permission a misdemeanor.
(1) A person, other than a parent or one having legal custody of a patient or inmate, who permits or assists a resident patient or inmate of a state custodial institution or correctional facility to leave the institution or facility without permission from the properly authorized member of the staff or proper court order is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail not exceeding 6 months or by a fine not exceeding $500, or both.
(2) This section may not be construed to conflict with laws relative to inmates of a state prison.
History: En. Sec. 1, Ch. 361, L. 1971; R.C.M. 1947, 80-1417; amd. Sec. 18, Ch. 189, L. 1997; amd. Sec. 10, Ch. 491, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-103. Distribution of alcoholic beverages or drugs to patients at state custodial institutions or correctional facilities a misdemeanor

53-1-103. Distribution of alcoholic beverages or drugs to patients at state custodial institutions or correctional facilities a misdemeanor.
(1) A person who knowingly sells or distributes or attempts to sell or distribute alcoholic beverages or drugs to the resident patients or inmates of a state custodial institution or correctional facility without permission of the medical staff is guilty of a misdemeanor and, upon conviction, is punishable by imprisonment in a county detention facility not exceeding 6 months or by a fine not exceeding $500, or both.
(2) This section may not be construed to conflict with laws relative to inmates of a state prison.
History: En. Sec. 1, Ch. 362, L. 1971; R.C.M. 1947, 80-1418; amd. Sec. 19, Ch. 189, L. 1997; amd. Sec. 11, Ch. 491, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-104. Release of arsonist -- notification of department of justice

53-1-104. Release of arsonist -- notification of department of justice.
(1) Each of the following institutions, correctional facilities, or other facilities having the charge or custody of a person convicted of arson or of a person acquitted of arson on the ground of mental disease or disorder shall give written notification to the department of justice when the person is admitted or released by it:
(a) the Montana state hospital;
(b) a state prison;
(c) a Montana correctional facility housing youth; or
(d) a county or city detention facility.
(2) The notification must disclose:
(a) the name of the person;
(b) where the person is or will be located; and
(c) the type of fire the person was involved in.
History: En. 80-1403.1 by Sec. 1, Ch. 206, L. 1977; R.C.M. 1947, 80-1403.1; amd. Sec. 10, Ch. 361, L. 1983; amd. Sec. 9, Ch. 363, L. 1983; amd. Sec. 9, Ch. 14, Sp. L. June 1986; amd. Sec. 68, Ch. 609, L. 1987; amd. Sec. 8, Ch. 579, L. 1993; amd. Sec. 236, Ch. 42, L. 1997; amd. Sec. 20, Ch. 189, L. 1997; amd. Sec. 12, Ch. 491, L. 1999; amd. Sec. 24, Ch. 161, L. 2015; amd. Sec. 42, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-105. Disposition of contraband in correctional institution

53-1-105. Disposition of contraband in correctional institution.
(1) Cash possessed in excess of the amount allowed by the policy of a correctional institution or obtained in violation of a policy may be confiscated and deposited in an inmate or resident welfare fund to be used for the intended purpose of that fund.
(2) The department of corrections shall adopt policies for the disposition of other contraband confiscated from inmates or residents in correctional institutions. Receipts from the sale of contraband must be deposited in an inmate or resident welfare fund to be used for the intended purpose of that fund.
History: En. Sec. 1, Ch. 325, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 391, Ch. 546, L. 1995; amd. Sec. 43, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-106. Exchange of offenders under treaty

53-1-106. Exchange of offenders under treaty.
If a treaty in effect between the United States and a foreign country provides for the transfer, by exchange or otherwise, of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the director of the department of corrections to consent to the transfer or exchange of offenders in Montana institutions and take any other action necessary to initiate the participation of this state in the treaty.
History: En. Sec. 1, Ch. 300, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 392, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-108. Inmate financial disclosure and account monitoring

53-1-108. Inmate financial disclosure and account monitoring.
(1) Upon incarceration at a state prison, an inmate shall:
(a) make full disclosure of all the inmate's accounts in financial institutions to the department of corrections in writing and under oath;
(b) sign a release authorizing any financial institution in which the inmate has an account of any kind to provide the department with copies of records of any transaction in the account during the inmate's term of incarceration in the prison or correctional system. Released copies of records are confidential criminal justice information as defined in 44-5-103.
(c) sign a release authorizing the department to monitor any inmate account in a financial institution.
(2) Failure of an inmate to disclose information under subsection (1)(a) or sign a release under subsection (1)(b) or (1)(c) is an offense under 45-7-302.
History: En. Sec. 2, Ch. 316, L. 1997; amd. Sec. 13, Ch. 491, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-109. Facility resident and prison inmate welfare account

53-1-109. Facility resident and prison inmate welfare account.
(1) There is an account in the state special revenue fund. The net proceeds from Pine Hills correctional facility resident and state prison inmate canteen purchases and resident or inmate telephone use, cash proceeds from the disposition of confiscated contraband, and any public money held for the needs of residents or inmates and their families and not otherwise allocated must be deposited in the account. Money in an account established under 53-1-107 may not be deposited in the account established in this subsection.
(2) The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of corrections, which may allocate the money referred to in subsection (1) to the Pine Hills correctional facility and state prisons in proportion to the amount that each facility contributed to the fund. The superintendent of the Pine Hills correctional facility and the administrator of each state prison shall consult with the residents and inmates in the superintendent's or administrator's respective facility about the use of the money allocated to the Pine Hills correctional facility or the state prison and may use the money for the needs of that facility's residents or inmates and their families.
(3) For purposes of this section, "state prison" has the meaning provided in 53-30-101(1), (2), and (4).
History: En. Sec. 3, Ch. 353, L. 2003; amd. Sec. 1, Ch. 2, L. 2019; amd. Sec. 45, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 1. General Provisions › 53-1-110. Disposition of inmate trust account funds and tangible personal property

53-1-110. Disposition of inmate trust account funds and tangible personal property.
(1) A state inmate who is incarcerated in a state prison, as defined in 53-30-101, shall complete a department form designating a beneficiary by name. The beneficiary is entitled to the inmate's trust account funds and to the tangible personal property located on the state prison premises if the inmate dies while incarcerated at the state prison.
(2) The department shall develop a form conforming to the requirements of 72-2-522(2) to provide for the disposition of the inmate's trust account funds and tangible personal property. The form must conspicuously state that the inmate may modify or revoke the instrument at any time if the inmate makes a request to the warden or the warden's designee.
(3) (a) The department shall distribute a deceased inmate's trust account funds and tangible personal property to the beneficiary in accordance with the terms of the form and may not require other processes to distribute the funds.
(b) If the inmate's beneficiary or other person with priority under 37-19-904 refuses to take custody of the inmate's remains and the department pays for the cremation or burial, the costs of the disposition of the remains must be deducted from the inmate's trust account.
(c) The department may not deduct funds from the deceased inmate's trust account on or after the inmate's date of death to be applied to inmate obligations provided for in 53-1-107.
(d) The department may not distribute trust account funds until at least 45 days after the inmate's death to ensure that any accrued earnings or refunds that are due to the inmate are properly credited to the inmate's trust account before distribution.
(4) A department employee may not be named as beneficiary unless the employee is the inmate's next of kin.
(5) If the department cannot locate the inmate's designated beneficiary within a reasonable period of time after the inmate's death, the department shall transfer the inmate's trust account funds to the department of revenue in accordance with Title 70, chapter 9, part 8, and the tangible personal property items may be destroyed.
History: En. Sec. 1, Ch. 431, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-201. Purpose of department of corrections

53-1-201. Purpose of department of corrections.
The department of corrections shall use at maximum efficiency the resources of state government in a coordinated effort to:
(1) develop and maintain comprehensive services and programs in the field of adult and youth corrections;
(2) provide for the custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of formerly adjudicated delinquent youth who are referred or committed to the department; and
(3) minimize recidivism among offenders during and after their participation in the department's programs and monitor the rate of recidivism to determine the success of efforts to reduce recidivism.
History: En. Sec. 1, Ch. 199, L. 1965; amd. Sec. 38, Ch. 120, L. 1974; R.C.M. 1947, 80-1401; amd. Sec. 69, Ch. 609, L. 1987; amd. Sec. 4, Ch. 262, L. 1991; amd. Sec. 393, Ch. 546, L. 1995; amd. Sec. 69, Ch. 550, L. 1997; amd. Sec. 46, Ch. 339, L. 2021; amd. Sec. 1, Ch. 213, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-204. Responsibility of warden and superintendents of institutions

53-1-204. Responsibility of warden and superintendents of institutions.
The warden or superintendents of institutions in the department of corrections are responsible for the immediate management and control of their respective institutions, subject to the general policies and programs established by the department of corrections.
History: En. Sec. 6, Ch. 199, L. 1965; amd. Sec. 42, Ch. 120, L. 1974; R.C.M. 1947, 80-1406; amd. Sec. 396, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-205. Repealed

53-1-205. Repealed.
Sec. 3, Ch. 495, L. 1979.
History: En. 80-1407.1 by Sec. 43, Ch. 120, L. 1974; R.C.M. 1947, 80-1407.1.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-206. Participation by institutions in research programs

53-1-206. Participation by institutions in research programs.
The department of corrections may direct a penal and corrective institution of the state to participate in and cooperate with programs of research and development being conducted and carried on by any units of the Montana university system, by any of the other educational institutions of the state of Montana, or by any foundation or agency of an educational institution in the fields of science, health, education, and natural resources. These programs may include the voluntary participation of the inmates of the institution in testing and experimental work conducted as a part the testing. Any funds received from the authorized programs may be shared with the participating inmates or otherwise held and used for the welfare and rehabilitation of the inmates and may not become a part of the regular budgeted operation of the institution.
History: En. Sec. 1, Ch. 98, L. 1967; amd. Sec. 47, Ch. 120, L. 1974; amd. Sec. 45, Ch. 37, L. 1977; R.C.M. 1947, 80-1413; amd. Sec. 397, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-207. Authorization of inmate labor for designated construction projects -- exemptions

53-1-207. Authorization of inmate labor for designated construction projects -- exemptions.
(1) The department of corrections is authorized to use inmate labor for the purpose of construction projects at a state prison that are authorized by the legislature.
(2) The department of administration shall provide for construction of the projects authorized by this section, which are to be built by the lowest responsible bidder, with contract specifications to allow the use of inmate labor. The percentage of inmate labor must be determined prior to the advertising for bid of the projects through negotiations among the department of corrections, the department of administration, representatives of construction industry employers, and representatives of the building trades.
History: En. Sec. 2, Ch. 513, L. 1997; amd. Sec. 49, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-208. Payment to Powell County

53-1-208. Payment to Powell County.
(1) The department of corrections shall allocate $46,000 each fiscal year from the proprietary enterprise fund established for the operation of the state prison ranch to the Powell County treasurer.
(2) The Powell County treasurer shall distribute the payment in the relative proportions required by the levies for state, county, school district, and municipal purposes in the same manner as property taxes are distributed.
History: En. Sec. 1, Ch. 550, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-209. Allowed purpose

53-1-209. Allowed purpose.
The former forensic unit at Warm Springs is the property of the department of corrections, and the building may be used only for treatment of inmates with chemical dependency or other mental or physical health-related problems.
History: En. Sec. 2, Ch. 165, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-210. Transfer of property -- allowed purpose

53-1-210. Transfer of property -- allowed purpose.
Pursuant to 53-20-505 and 77-2-302, the former Eastmont human services center at Glendive is the property of the department of corrections, and the building may be used for any purpose determined appropriate by the department. Whenever possible, the department shall employ the former employees of the Eastmont human services center in the new program established at the facility.
History: En. Sec. 4, Ch. 575, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-211. Quality assurance unit -- program standards -- evaluation -- cooperation with department of public health and human services -- report

53-1-211. Quality assurance unit -- program standards -- evaluation -- cooperation with department of public health and human services -- report.
(1) There is a quality assurance unit in the department of corrections.
(2) In addition to duties assigned to it by the department director or otherwise required by law, the unit shall:
(a) adopt an evidence-based program evaluation tool that measures how closely correctional programs meet the known principles of effective intervention. The tool must measure program content and capacity to ensure the delivery of effective interventions for offenders.
(b) conduct evaluations of programs to reduce recidivism that are funded by the state; and
(c) enforce standards to ensure that programs are using best practices for reducing recidivism, including targeting highest-risk individuals, adhering to evidence-based or research-driven practices, and integrating opportunities for ongoing quality assurance and evaluation.
(3) Subject to the availability of funding, the department may contract with an independent contractor or academic institution to complete evaluations.
(4) The unit shall work jointly with the department of public health and human services to develop standards for quality assurance in behavioral health programs or other clinical programs.
(5) The unit shall conduct regular evaluations of programs operated by the department or under a contract with the department.
(6) The department shall:
(a) develop and maintain a list of evidence-based treatment curriculums to be utilized in programs operated by or under contract with the department with priority being placed on adopting treatment curriculums that are in the public domain and evidence-based; and
(b) report the results of all initial and ongoing program evaluations to the law and justice interim committee in accordance with 5-11-210, including any identified program deficiencies and the department's plan to correct those deficiencies.
(7) After May 19, 2017, the department shall ensure that contracts signed or renewed with providers contain:
(a) minimum program standards that adhere to the evidence-based program evaluation tool adopted as required in subsection (2);
(b) offender eligibility criteria for program entry with the contractor; and
(c) program dosage requirements that conform to evidence-based practices.
History: En. Sec. 6, Ch. 390, L. 2017; amd. Sec. 84, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-214. Educational aid to wrongfully convicted persons exonerated by postconviction DNA testing

53-1-214. Educational aid to wrongfully convicted persons exonerated by postconviction DNA testing.
(1) Subject to appropriation by the legislature, a person who was convicted in this state of a felony offense, who was incarcerated in a state prison for any period of time, and whose judgment of conviction was overturned by a court based on the results of postconviction forensic DNA testing that exonerates the person of the crime for which the person was convicted is entitled to receive educational aid at the state's expense. The department of corrections shall authorize educational aid for any person entitled to it under this section. The department shall establish, by rule, the procedures for application, designation of authority to receive aid, procedures for payment of aid, and forms to be used for this program. Aid under this section must include expenses for tuition, fees, books, board, and room at any:
(a) Montana community college;
(b) unit of the Montana university system, as described in 20-25-201; or
(c) accredited Montana tribally controlled community college.
(2) State aid under this section must include assistance, as described in subsection (1), in meeting any admission standards or criteria required at any of the institutions listed in subsection (1), including but not limited to assistance in satisfying requirements for a certificate of equivalency of completion of secondary education and assistance in completing any adult education program or courses. An adult education fund must be reimbursed by the state for any costs of completing an adult education program or courses under this section.
(3) The board of regents of higher education may waive fees and tuition for education provided under this section pursuant to 20-25-421. The department of corrections shall notify the board of regents before August 1 of each year of educational aid that is to be provided under this section for the next school year.
(4) The privilege of receiving aid under this section remains active for 10 years after the release of a person who qualifies for aid under subsection (1). State education aid must continue for up to a total of 5 years of aid within the 10-year aid period or until the degree or program for which the person is authorized under subsection (1) is completed, whichever is less, as long as the person continues to make satisfactory progress in the courses or program attempted. Aid is available for completion of any degree or program available from the institutions listed in subsection (1), at the recipient's choice.
History: En. Sec. 1, Ch. 255, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 2. Department of Corrections › 53-1-217. Recidivism

53-1-217. Recidivism.
Any report produced by a state entity that requires the disclosure of information regarding recidivism or recidivism rates must use the definition of recidivism provided in 1-1-207.
History: En. Sec. 4, Ch. 641, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 3. Institutional Industries (Repealed) › 53-1-301. Repealed

53-1-301. Repealed.
Sec. 7, Ch. 312, L. 2009.
History: En. Sec. 10, Ch. 199, L. 1965; amd. Sec. 51, Ch. 120, L. 1974; amd. Sec. 1, Ch. 275, L. 1975; R.C.M. 1947, 80-1501; amd. Sec. 1, Ch. 433, L. 1979; amd. Sec. 1, Ch. 426, L. 1981; amd. Sec. 1, Ch. 530, L. 1985; amd. Sec. 1, Ch. 1, Sp. L. May 1990; amd. Sec. 2, Ch. 471, L. 1993; amd. Sec. 59, Ch. 18, L. 1995; amd. Sec. 402, Ch. 546, L. 1995; amd. Sec. 1, Ch. 315, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 3. Institutional Industries (Repealed) › 53-1-302. Repealed

53-1-302. Repealed.
Sec. 7, Ch. 312, L. 2009.
History: En. Sec. 11, Ch. 199, L. 1965; R.C.M. 1947, 80-1502; amd. Sec. 2, Ch. 433, L. 1979; amd. Sec. 2, Ch. 426, L. 1981; amd. Sec. 26, Ch. 281, L. 1983; amd. Sec. 1, Ch. 632, L. 1985; amd. Sec. 1, Ch. 4, Sp. L. January 1992; amd. Sec. 23, Ch. 189, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 3. Institutional Industries (Repealed) › 53-1-303. Repealed

53-1-303. Repealed.
Sec. 7, Ch. 312, L. 2009.
History: En. Sec. 12, Ch. 199, L. 1965; amd. Sec. 1, Ch. 383, L. 1975; R.C.M. 1947, 80-1503; amd. Sec. 3, Ch. 426, L. 1981; amd. Sec. 403, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 3. Institutional Industries (Repealed) › 53-1-304. Repealed

53-1-304. Repealed.
Sec. 7, Ch. 312, L. 2009.
History: En. Sec. 3, Ch. 433, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 404, Ch. 546, L. 1995; amd. Sec. 2, Ch. 315, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 4. Per Diem Payments for Institutional Care › 53-1-402. Residents and financially responsible persons liable for cost of care

53-1-402. Residents and financially responsible persons liable for cost of care.
(1) A resident and a financially responsible person are liable to the department for the resident's cost of care as provided in this part. The cost of care includes the applicable per diem and ancillary charges or all-inclusive rate charges for the care of residents in the following institutions:
(a) Montana state hospital;
(b) Montana developmental center;
(c) Montana veterans' home;
(d) eastern Montana veterans' home;
(e) southwestern Montana veterans' home;
(f) Montana mental health nursing care center; and
(g) Montana chemical dependency treatment center.
(2) The eastern Montana veterans' home and the southwestern Montana veterans' home may assess charges on either a per diem and ancillary charge basis or an all-inclusive rate basis if the department contracts with a private vendor to operate the facility as provided for in 10-2-416.
(3) The Montana state hospital and the Montana mental health nursing care center may determine the cost of care using an all-inclusive rate or per diem and ancillary charges if the department contracts with a private entity to operate a mental health managed care program.
History: En. Sec. 13, Ch. 199, L. 1965; amd. Sec. 4, Ch. 320, L. 1967; amd. Sec. 1, Ch. 276, L. 1969; amd. Sec. 1, Ch. 191, L. 1971; amd. Sec. 52, Ch. 120, L. 1974; amd. Sec. 1, Ch. 450, L. 1977; R.C.M. 1947, 80-1601; amd. Sec. 2, Ch. 132, L. 1983; amd. Sec. 12, Ch. 361, L. 1983; amd. Sec. 11, Ch. 363, L. 1983; amd. Sec. 3, Ch. 151, L. 1985; amd. Sec. 11, Ch. 14, Sp. L. June 1986; amd. Sec. 2, Ch. 283, L. 1989; amd. Sec. 16, Ch. 683, L. 1989; amd. Sec. 2, Ch. 305, L. 1991; amd. Sec. 10, Ch. 579, L. 1993; amd. Sec. 1, Ch. 35, L. 1995; amd. Sec. 2, Ch. 94, L. 1995; amd. Sec. 5, Ch. 590, L. 1995; amd. Sec. 2, Ch. 190, L. 1997; amd. Sec. 1, Ch. 575, L. 2003; amd. Sec. 6, Ch. 461, L. 2009; amd. Sec. 31, Ch. 3, L. 2019; amd. Sec. 7, Ch. 393, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 4. Per Diem Payments for Institutional Care › 53-1-403. Rules

53-1-403. Rules.
In addition to the specific provisions of this part that require the department to adopt rules, the department may adopt rules to implement this part. All rules adopted by the department under the provisions of this part must be adopted pursuant to the provisions of the Montana Administrative Procedure Act.
History: En. 80-1606 by Sec. 2, Ch. 324, L. 1974; amd. Sec. 6, Ch. 450, L. 1977; R.C.M. 1947, 80-1606; amd. Sec. 3, Ch. 190, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 4. Per Diem Payments for Institutional Care › 53-1-404. Department to review and establish per diem charge

53-1-404. Department to review and establish per diem charge.
The per diem charge for the fiscal year must be reviewed on or before October 1 of each year by the department and may be reviewed at additional times during the year as considered appropriate by the department. If the review indicates that the costs of an institution have changed substantially since the last review, the per diem charge must be adjusted to compensate for those changes.
History: En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; R.C.M. 1947, 80-1603(part); amd. Sec. 2, Ch. 594, L. 1983; amd. Sec. 4, Ch. 190, L. 1997; amd. Sec. 2, Ch. 207, L. 2003; amd. Sec. 1, Ch. 76, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 4. Per Diem Payments for Institutional Care › 53-1-407. Appeal of determination of ability to pay

53-1-407. Appeal of determination of ability to pay.
A resident or financially responsible person aggrieved by a determination of ability to pay under 53-1-405 may request a hearing pursuant to Title 2, chapter 4, part 6.
History: En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; R.C.M. 1947, 80-1603(4); amd. Sec. 2, Ch. 495, L. 1979; amd. Sec. 3, Ch. 283, L. 1989; amd. Sec. 7, Ch. 190, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 4. Per Diem Payments for Institutional Care › 53-1-408. Periodic review by department of ability to pay

53-1-408. Periodic review by department of ability to pay.
(1) The department shall review at least annually each determination of ability to pay, and if there has been a significant change in a resident's or financially responsible person's ability to pay, the department shall make a new determination.
(2) In addition to the annual review required by subsection (1), the department shall review a determination of ability to pay upon the request of a resident or financially responsible person if the person provides the department with documentation of a changed circumstance that would substantially affect the amount determined under 53-1-405.
(3) A new determination of ability to pay may not be applied retroactively unless:
(a) the new determination results in a monthly payment amount that is less than the previous monthly payment amount; or
(b) the resident or financially responsible person has misrepresented or failed to provide any financial information or documentation that the person was obligated to provide under 53-1-406 and unless the resident or financially responsible person would have been required to pay a higher monthly amount based upon consideration of the complete and correct information and documentation.
(4) The department may adopt rules to implement the provisions of this section, including but not limited to rules for credit or refund of any overpayment resulting from an assessment retroactively reduced because of a new determination of ability to pay.
History: En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; R.C.M. 1947, 80-1603(5); amd. Sec. 8, Ch. 190, L. 1997.