reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 2. Sheltered Workshops › 53-7-203. Purchase of services

53-7-203. Purchase of services.
(1) The department may purchase services under this part for persons with severe disabilities, to the extent that funds are appropriated and allocated, from any sheltered employment provider, work activity center, supported employment provider, or support services provider within Montana.
(2) An organization may receive funding under this part if it meets the standards and criteria promulgated by the department.
(3) The department shall adopt standards and criteria for the services purchased under this part to assure the quality and appropriateness of such services. The department may adopt standards and criteria of a nationally recognized accreditation organization for accrediting facilities providing services under this part.
History: En. Sec. 3, Ch. 322, L. 1973; amd. Sec. 2, Ch. 333, L. 1974; R.C.M. 1947, 41-818; amd. Sec. 3, Ch. 267, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 2. Sheltered Workshops › 53-7-204. Federal and other aid

53-7-204. Federal and other aid.
(1) The department may apply for and receive federal aid money or other funding available for the programs provided for under this part.
(2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this part.
History: En. Sec. 4, Ch. 322, L. 1973; R.C.M. 1947, 41-819; amd. Sec. 4, Ch. 267, L. 1989; amd. Sec. 10, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 2. Sheltered Workshops › 53-7-205. Eligibility for services

53-7-205. Eligibility for services.
(1) A person may receive services provided for under this part if the department determines that:
(a) the person has a severe disability;
(b) the person lacks social competence, mobility, experience, skills, training, or other characteristics of independence;
(c) the person is in need of services provided for under this part; and
(d) the needed services are available for that person.
(2) The receipt of services under this part by an eligible person shall be governed by an individual service plan developed in accordance with state and federal requirements.
History: En. Sec. 5, Ch. 267, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 2. Sheltered Workshops › 53-7-206. Rulemaking

53-7-206. Rulemaking.
For the purposes of providing supervised work programs and support services for persons with severe disabilities, the department may adopt rules necessary for the administration of such programs. Rules adopted may include but are not limited to rules regarding eligibility for services, certification of services, program staffing, staff training, service goals and design, quality of services, recipient placement procedures, individual service plans, recipient rights and privileges, recipient grievance procedures, fair hearings, provider relationships, provider accounting procedures, and definitions necessary to implement this part.
History: En. Sec. 6, Ch. 267, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-302. Administration

53-7-302. Administration.
The department may:
(1) cooperate with other departments and agencies and institutions, both public and private, in providing the services authorized by this part to persons with blindness or low vision; in studying the problems involved in vocational rehabilitation; and in establishing, developing, and providing programs, facilities, and services;
(2) conduct research and compile statistics relating to the provision of services to or the need of services for persons with blindness or low vision;
(3) accept and use gifts to carry out this part; and
(4) make rules and take any other action it determines necessary or appropriate to carry out this part.
History: En. Sec. 4, Ch. 167, L. 1955; amd. Sec. 34, Ch. 121, L. 1974; amd. Sec. 1, Ch. 237, L. 1974; R.C.M. 1947, 71-1404; amd. Sec. 4, Ch. 199, L. 1979; amd. Sec. 8, Ch. 396, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-303. Cooperation with federal government

53-7-303. Cooperation with federal government.
The department shall cooperate, pursuant to agreements with the federal government, in carrying out the purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, and may adopt methods of administration required by the federal government for state participation in programs funded under the federal act.
History: En. Sec. 5, Ch. 167, L. 1955; R.C.M. 1947, 71-1405; amd. Sec. 9, Ch. 396, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-304. Repealed

53-7-304. Repealed.
Sec. 16, Ch. 396, L. 1989.
History: En. Sec. 6, Ch. 167, L. 1955; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 71-1406.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-305. Repealed

53-7-305. Repealed.
Sec. 16, Ch. 396, L. 1989.
History: En. Sec. 7, Ch. 167, L. 1955; amd. Sec. 35, Ch. 121, L. 1974; R.C.M. 1947, 71-1407.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-306. Eligibility for services

53-7-306. Eligibility for services.
A person with a disability because of blindness or low vision is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocational rehabilitation services that are made available as provided for in 53-7-310.
History: En. Sec. 8, Ch. 167, L. 1955; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 71-1408; amd. Sec. 2, Ch. 55, L. 1981; amd. Sec. 10, Ch. 396, L. 1989; amd. Sec. 57, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-307. Repealed

53-7-307. Repealed.
Sec. 16, Ch. 396, L. 1989.
History: En. Sec. 9, Ch. 167, L. 1955; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 71-1409.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-308. Repealed

53-7-308. Repealed.
Sec. 16, Ch. 396, L. 1989.
History: En. Sec. 2, Ch. 523, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-309. Repealed

53-7-309. Repealed.
Sec. 16, Ch. 396, L. 1989.
History: En. Sec. 3, Ch. 523, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-310. Provision of services -- financial responsibility for services

53-7-310. Provision of services -- financial responsibility for services.
(1) The department, in accord with this part and the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, may provide to persons determined eligible under 53-7-306 any vocational rehabilitation services listed in 53-7-301 that are determined by the department to be appropriate and necessary for the person's vocational rehabilitation.
(2) The following vocational rehabilitation services are available without cost to a person eligible for visual services:
(a) counseling and guidance;
(b) diagnostic evaluation; and
(c) placement.
(3) In addition to the services listed in subsection (2), the department may pay the cost of other vocational rehabilitation services for an eligible person to the extent that the department determines that the person is without sufficient financial resources to pay the cost of such services.
(4) The department may in its discretion provide maintenance payments to a recipient of vocational rehabilitation services if the department determines that the recipient is without sufficient financial resources to:
(a) obtain basic necessities at a level the department determines is appropriate; and
(b) pay the cost of vocational rehabilitation services to be provided to the person.
History: En. Sec. 11, Ch. 396, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-314. Hearings

53-7-314. Hearings.
A person applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the department is entitled to a fair hearing in accordance with rules adopted by the department.
History: En. Sec. 12, Ch. 396, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 7. Vocational Rehabilitation › Part 3. Vocational Rehabilitation of the Blind › 53-7-315. Rulemaking authority

53-7-315. Rulemaking authority.
The department shall adopt rules necessary for the administration of this part. Rules adopted may include but are not limited to the provision of services, individual service plans, eligibility for services, application, service goals and design, quality of services, provider relationships, program standards, program staffing, staff training, provider accounting procedures, confidential information, recipient grievance procedures, hearings, and definitions necessary to carry out this part.
History: En. Sec. 13, Ch. 396, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 8. Economic Opportunity (Repealed) › Part 1. Participation in Federal Programs (Repealed) › 53-8-101. Repealed

53-8-101. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 1, Ch. 263, L. 1965; R.C.M. 1947, 71-1601.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 8. Economic Opportunity (Repealed) › Part 1. Participation in Federal Programs (Repealed) › 53-8-102. Repealed

53-8-102. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 2, Ch. 263, L. 1965; R.C.M. 1947, 71-1602.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 8. Economic Opportunity (Repealed) › Part 1. Participation in Federal Programs (Repealed) › 53-8-103. Repealed

53-8-103. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 3, Ch. 263, L. 1965; R.C.M. 1947, 71-1603.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 8. Economic Opportunity (Repealed) › Part 1. Participation in Federal Programs (Repealed) › 53-8-104. Repealed

53-8-104. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 4, Ch. 263, L. 1965; R.C.M. 1947, 71-1604.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-101. Short title

53-9-101. Short title.
This part may be cited as "The Crime Victims Compensation Act of Montana".
History: En. 71-2601 by Sec. 1, Ch. 527, L. 1977; R.C.M. 1947, 71-2601.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-102. Legislative purpose and intent

53-9-102. Legislative purpose and intent.
It is the intent of the legislature to provide a method of compensating those persons within the state who are innocent victims of criminal acts, including acts of international terrorism, as defined in 18 U.S.C. 2331, that are committed outside of the United States against a resident of this state, and who suffer bodily injury or death and those innocent citizens of this state who are injured or killed in a state that does not have a crime victims compensation program that covers out-of-state residents injured or killed in that state. To this end, it is the legislature's intention to provide compensation for injuries suffered as a direct result of the criminal acts of other persons and to coordinate victims assistance programs.
History: En. 71-2602 by Sec. 2, Ch. 527, L. 1977; R.C.M. 1947, 71-2602; amd. Sec. 1, Ch. 354, L. 1991; amd. Sec. 1, Ch. 397, L. 1991; amd. Sec. 7, Ch. 186, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-105. Rehabilitation of victims

53-9-105. Rehabilitation of victims.
The office shall refer to the department of public health and human services victims who have been permanently disabled through criminally injurious conduct, who are receiving benefits under this part, and who in the opinion of the office may be vocationally rehabilitated. The department of public health and human services shall provide for the vocational rehabilitation of the victims under its rehabilitation programs to the extent funds are available under the programs.
History: En. 71-2616 by Sec. 16, Ch. 527, L. 1977; R.C.M. 1947, 71-2616; amd. Sec. 462, Ch. 546, L. 1995; amd. Sec. 5, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-106. Attorney fees

53-9-106. Attorney fees.
(1) The office may grant attorney fees to attorneys for representing claimants before the office. Any attorney fee granted by the office is in addition to compensation awarded the claimant under this part.
(2) The office may regulate the amount of the attorney fee in any claim under this part when an attorney is representing a claimant.
(3) In cases under this part that go before a district court, the judge may grant, in addition to compensation benefits granted, attorney fees to attorneys for representing claimants before the court.
(4) Attorney fees in excess of 5% of the amount paid to a claimant or on a claimant's behalf may not be paid directly or indirectly to a claimant's attorney.
History: En. 71-2618 by Sec. 18, Ch. 527, L. 1977; R.C.M. 1947, 71-2618; amd. Sec. 2, Ch. 496, L. 1987; amd. Sec. 6, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-107. Public inspection and disclosure of office's records

53-9-107. Public inspection and disclosure of office's records.
(1) Except as provided in subsections (2) and (3), the records the office maintains in its possession in the administration of this part are open to public inspection and disclosure.
(2) Confidential criminal justice information obtained by the office is subject to the confidentiality provisions of the Montana Criminal Justice Information Act of 1979, Title 44, chapter 5.
(3) In assuring that the right of individual privacy so essential to the well-being of a free society may not be infringed without the showing of a compelling state interest, the following public records of the office are exempt from disclosure:
(a) information of a personal nature, such as personal, medical, or similar information, if the public disclosure of the information would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure has the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.
(b) any public records or information, the disclosure of which is prohibited by federal law or regulations.
(4) If any public record of the office contains material that is not exempt under subsection (3), as well as material that is exempt from disclosure, the office shall separate the exempt and nonexempt and make the nonexempt material available for examination.
History: En. 71-2619 by Sec. 19, Ch. 527, L. 1977; R.C.M. 1947, 71-2619; amd. Sec. 3, Ch. 496, L. 1987; amd. Sec. 45, Ch. 286, L. 1997; amd. Sec. 7, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-108. Limitation of benefit entitlements to proportionate share of available funds

53-9-108. Limitation of benefit entitlements to proportionate share of available funds.
Claimants receiving benefits under this part are not granted an absolute entitlement to benefits. Benefits must be paid in accordance with the amount of the legislative appropriation. If the office determines at any time that the appropriated funds for a fiscal year will not be an amount that will fully pay all claims, the office may make appropriate proportionate reductions in benefits to all claimants. The reductions do not entitle claimants to future retroactive reimbursements in future fiscal years unless the legislature makes appropriations for retroactive benefits.
History: En. 71-2620 by Sec. 20, Ch. 527, L. 1977; R.C.M. 1947, 71-2620; amd. Sec. 8, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-109. Repealed

53-9-109. Repealed.
Sec. 10, Ch. 118, L. 2001.
History: En. 71-2624 by Sec. 25, Ch. 527, L. 1977; R.C.M. 1947, 71-2624; amd. Sec. 3, Ch. 367, L. 1979; amd. Sec. 97, Ch. 421, L. 1979; amd. Sec. 1, Ch. 567, L. 1981; amd. Sec. 27, Ch. 281, L. 1983; amd. Sec. 37, Ch. 557, L. 1987; amd. Sec. 4, Ch. 68, L. 1989; amd. Sec. 3, Ch. 354, L. 1991; amd. Sec. 1, Ch. 19, Sp. L. January 1992; amd. Sec. 4, Ch. 11, Sp. L. July 1992; amd. Sec. 1, Ch. 3, Sp. L. November 1993; amd. Sec. 60, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-110. Receipt of federal funds

53-9-110. Receipt of federal funds.
The office may adopt appropriate rules in order to receive federal funds under federal criminal reparation and compensation acts.
History: En. 71-2622 by Sec. 22, Ch. 527, L. 1977; R.C.M. 1947, 71-2622; amd. Sec. 10, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-111. Penalty for fraudulently obtaining benefits

53-9-111. Penalty for fraudulently obtaining benefits.
Any person who knowingly makes a false claim or a false statement or uses any other fraudulent device in connection with any claim is guilty of theft as provided in 45-6-301 and upon conviction shall, in addition to being punished as provided by that section, forfeit and repay any compensation paid under this part.
History: En. 71-2623 by Sec. 23, Ch. 527, L. 1977; R.C.M. 1947, 71-2623.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-112. Sale of confidential criminal justice information prohibited -- penalty

53-9-112. Sale of confidential criminal justice information prohibited -- penalty.
(1) An individual convicted of a qualifying crime may not sell or exchange confidential criminal justice information, as defined in 44-5-103.
(2) The office shall require that any funds obtained in violation of subsection (1) be deposited into the escrow fund, provided for in 53-9-104, for the benefit of a victim of a qualifying crime, to be held as provided in 53-9-104.
History: En. Sec. 3, Ch. 266, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-113. Crime victims compensation account

53-9-113. (Temporary) Crime victims compensation account.
There is an account in the state special revenue fund for crime victims compensation. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of justice for the purposes provided in this part. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
History: En. Sec. 1, Ch. 374, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-121. Application for compensation

53-9-121. Application for compensation.
An applicant for an award of compensation may apply in writing in a form that conforms substantially to that prescribed by the office.
History: En. 71-2606 by Sec. 6, Ch. 527, L. 1977; R.C.M. 1947, 71-2606(1); amd. Sec. 11, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-122. Informal hearings

53-9-122. Informal hearings.
The office may hold informal hearings in order to make determinations regarding the compensability of a claim. At the hearings, the office may subpoena witnesses and documents as set forth in 2-4-104. Hearings held under this section are not considered contested case hearings under the Montana Administrative Procedure Act. However, the office shall adopt rules regarding its informal hearing procedures.
History: En. 71-2607 by Sec. 7, Ch. 527, L. 1977; R.C.M. 1947, 71-2607; amd. Sec. 12, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-123. Evidence of condition

53-9-123. Evidence of condition.
(1) The office may require the claimant to supplement the application with any reasonably available medical or counseling reports relating to the injury for which compensation is claimed.
(2) If the physical condition of a victim or claimant is material to a claim, the office may order the victim or claimant to submit from time to time to a physical examination by a physician or may order an autopsy of a deceased victim. The office shall pay for the examination or autopsy. The order must specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made and must require the person to file with the office a detailed written report of the examination or autopsy. The report must set out physician's findings, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. On request of the person examined, the office shall furnish the person a copy of the report. If the victim is deceased, the office, on request, shall furnish the claimant a copy of the report.
(3) There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the claimant or victim in a proceeding under this part in which that condition is an element.
History: En. 71-2608 by Sec. 8, Ch. 527, L. 1977; R.C.M. 1947, 71-2608; amd. Sec. 13, Ch. 124, L. 2001; amd. Sec. 2, Ch. 32, L. 2011.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-124. Enforcement of office's orders -- improper assertion of privilege

53-9-124. Enforcement of office's orders -- improper assertion of privilege.
If a person refuses to comply with an order of the office or asserts a privilege to withhold or suppress evidence relevant to a claim, except privileges arising from the attorney-client relationship, the office may make any just order, including denial of the claim.
History: En. 71-2609 by Sec. 9, Ch. 527, L. 1977; R.C.M. 1947, 71-2609; amd. Sec. 14, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-125. Limitations on awards

53-9-125. Limitations on awards.
(1) Except as otherwise provided in this section, compensation may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct occurred causing the injury or death upon which the claim is based. Compensation in cases involving sexual offenses against minors may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct was reported to a law enforcement agency or an agency of the state responsible for provision of child welfare services, or within 1 year after the day the victim reaches 18 years of age, whichever occurs last. The time for filing a claim may be extended by the office for good cause shown.
(2) Compensation may not be awarded to a claimant who is the offender or an accomplice of the offender or to any claimant if the award would unjustly benefit the offender or accomplice.
(3) Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer. The report must be made within 72 hours after its occurrence, except in a case involving a sexual offense against a minor or when the office finds there was good cause for the failure to report within that time.
(4) In order to be entitled to benefits under this part, a claimant shall fully cooperate with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender causing the criminally injurious conduct. The office, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies or prosecuting attorneys, may deny or reconsider and reduce an award of compensation.
(5) Compensation otherwise payable to a claimant must be reduced or denied to the extent the compensation benefits payable are or can be recouped from collateral sources.
(6) Persons serving a sentence of imprisonment or residing in any other public institution which provides for the maintenance of the person are not entitled to the benefits of this part.
(7) Compensation may be denied or reduced if the victim contributed to the infliction of death or injury with respect to which the claim is made. Any reduction in benefits under this subsection must be in proportion to what the office finds to be the victim's contribution to the infliction of death or injury.
History: En. 71-2606 by Sec. 6, Ch. 527, L. 1977; R.C.M. 1947, 71-2606(2) thru (7); amd. Sec. 4, Ch. 367, L. 1979; amd. Sec. 1, Ch. 235, L. 1991; amd. Sec. 3, Ch. 397, L. 1991; amd. Sec. 15, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-126. Tentative award of compensation

53-9-126. Tentative award of compensation.
If the office determines that the claimant will suffer financial hardship unless a tentative award is made and it appears likely that a final award will be made, an amount may be paid to the claimant, to be deducted from the final award or repaid by and recoverable from the claimant to the extent that it exceeds the final award.
History: En. 71-2614 by Sec. 14, Ch. 527, L. 1977; R.C.M. 1947, 71-2614; amd. Sec. 16, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-127. Award of compensation

53-9-127. Award of compensation.
(1) The office shall award compensation benefits under this part if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(2) An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed unless an application for rehearing, an appeal of the conviction, or certiorari is pending or a rehearing or new trial has been ordered.
(3) The office may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent and may make a tentative award under 53-9-126.
History: (1)En. 71-2604 by Sec. 4, Ch. 527, L. 1977; Sec. 71-2604, R.C.M. 1947; (2), (3)En. 71-2610 by Sec. 10, Ch. 527, L. 1977; Sec. 71-2610, R.C.M. 1947; R.C.M. 1947, 71-2604, 71-2610; amd. Sec. 17, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-129. Award not subject to execution, attachment, garnishment, or assignment -- exception

53-9-129. Award not subject to execution, attachment, garnishment, or assignment -- exception.
(1) An award is not subject to execution, attachment, garnishment, or other process, except an execution, attachment, or garnishment of a right to compensation for work loss to secure payment of maintenance or child support.
(2) An assignment or agreement to assign a right to compensation in the future is unenforceable except:
(a) an assignment of a right to compensation for work loss to secure payment of maintenance or child support; or
(b) an assignment of a right to compensation to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
History: En. 71-2613 by Sec. 13, Ch. 527, L. 1977; R.C.M. 1947, 71-2613(2), (3); amd. Sec. 10, Ch. 431, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-130. Reconsideration and review of office's decisions

53-9-130. Reconsideration and review of office's decisions.
(1) The office on its own motion or on request of the claimant may reconsider a decision making or denying an award or determining its amount. The office shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may not require refund of amounts previously paid unless the award was obtained by fraud.
(2) The right of reconsideration does not affect the finality of an office decision for the purpose of appeal.
History: En. 71-2615 by Sec. 15, Ch. 527, L. 1977; R.C.M. 1947, 71-2615; amd. Sec. 19, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-131. Appeals

53-9-131. Appeals.
After the office has made final determination concerning any matter relating to a claim, if the claimant disputes the office's determination, the claimant may appeal to the district court for the county in which the claimant resides for review. Review on appeal must be in conformity with 2-4-701 through 2-4-704 of the Montana Administrative Procedure Act. The judge, after a hearing, shall make a final determination concerning the dispute and issue an appropriate order affirming, reversing, or modifying the office's determination.
History: En. 71-2617 by Sec. 17, Ch. 527, L. 1977; R.C.M. 1947, 71-2617; amd. Sec. 5, Ch. 496, L. 1987; amd. Sec. 20, Ch. 124, L. 2001; amd. Sec. 22, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 9. Services for Victims of Crime › Part 1. The Crime Victims Compensation Act of Montana › 53-9-133. Effect of award on probation and parole of offender

53-9-133. (Temporary) Effect of award on probation and parole of offender.
(1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office to a victim or a victim's dependents. The court may set a repayment schedule and modify it as circumstances change.
(2) Payment of the debt may be made a condition of parole subject to modification based on a change in circumstances.
(3) Funds received by the crime victims compensation and assistance program must be deposited in the account established in 53-9-113. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
53-9-133. (Effective July 1, 2027) Effect of award on probation and parole of offender.
(1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office to a victim or a victim's dependents. The court may set a repayment schedule and modify it as circumstances change.
(2) Payment of the debt may be made a condition of parole subject to modification based on a change in circumstances.
History: En. 71-2621 by Sec. 21, Ch. 527, L. 1977; R.C.M. 1947, 71-2621; amd. Sec. 22, Ch. 124, L. 2001; amd. Sec. 10, Ch. 374, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 1. Plan for Delivery of Human Services (Not Codified) › 53-10-101. Not codified

53-10-101. Not codified.
History: En. Sec. 1, Ch. 520, L. 1979; amd. Sec. 10, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 2. Commission on Provider Rates and Services (Repealed) › 53-10-201. Repealed

53-10-201. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 1, Ch. 520, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 2. Commission on Provider Rates and Services (Repealed) › 53-10-202. Repealed

53-10-202. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 2, Ch. 520, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 2. Commission on Provider Rates and Services (Repealed) › 53-10-203. Repealed

53-10-203. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 3, Ch. 520, L. 2005; amd. Sec. 18, Ch. 4, Sp. L. May 2007; amd. Sec. 1, Ch. 327, L. 2011.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 2. Commission on Provider Rates and Services (Repealed) › 53-10-204. Repealed

53-10-204. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 4, Ch. 520, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 2. Commission on Provider Rates and Services (Repealed) › 53-10-211. Repealed

53-10-211. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 5, Ch. 520, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 2. Commission on Provider Rates and Services (Repealed) › 53-10-212. Repealed

53-10-212. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 6, Ch. 520, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 5. Community Services Block Grant Program › 53-10-501. Definitions

53-10-501. Definitions.
As used in this part, the following definitions apply:
(1) "Block grant" means the federal community services block grant established under 42 U.S.C. 9901, et seq.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Human resource development council" means a nonprofit public or private community organization serving low-income persons in a multicounty area that has the same boundaries as one or more substate planning districts established by executive order of the governor.
History: En. Sec. 1, Ch. 237, L. 1983; amd. Sec. 463, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 5. Community Services Block Grant Program › 53-10-502. Allocation of federal community services block grant funds

53-10-502. Allocation of federal community services block grant funds.
The department shall allocate the state's share of the block grant funds as follows:
(1) The department may retain 5% for administrative costs and 5% for special projects.
(2) The balance of the block grant funds after any retention pursuant to subsection (1) must be distributed to human resource development councils that are eligible to receive such funding under 53-10-503 as follows:
(a) $500,000, or if the balance of the block grant funds is less than $500,000, then the entire balance of the block grant funds, must be equally divided among the eligible human resource development councils; and
(b) except as provided under 53-10-504(2), the balance of the block grant funds after distribution under subsections (1) and (2)(a) must be divided among eligible human resource development councils as follows:
(i) one-half based upon the population residing within the areas of human resource development councils; and
(ii) one-half based upon the low-income population, as that population may be determined under the provisions of the block grant, residing within the areas of the human resource development councils.
History: En. Sec. 2, Ch. 237, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 5. Community Services Block Grant Program › 53-10-503. Eligible human resource development councils

53-10-503. Eligible human resource development councils.
The department may not distribute block grant funds unless the human resource development council:
(1) meets the eligibility requirements set forth in 42 U.S.C. 9904, including composition of the board; and
(2) has complied with federal and state fiscal control requirements and agrees to comply with all fiscal and program requirements of federal law.
History: En. Sec. 3, Ch. 237, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 5. Community Services Block Grant Program › 53-10-504. Block grant plan -- county and state approval

53-10-504. Block grant plan -- county and state approval.
(1) A human resource development council shall prepare a plan for use of block grant funds. The planned use must be in compliance with block grant requirements, and the plan must be made to further the goals stated in the block grant.
(2) The human resource development council shall submit the plan to the county governing bodies within its multicounty area. A county governing body may approve, disapprove, or offer amendments to the plan. If the county governing body and the human resources development council cannot agree as to the plan's components, the department shall prepare and approve a plan for such county. The department shall then allocate block grant funds to the appropriate human resource development council to administer according to the plan approved for such county by the department.
(3) The plan must be submitted to the department for approval prior to distribution by the department of block grant funds allocated to the human resource development council. The department may disapprove a plan, in whole or in part, only if the plan conflicts with a federal law or regulation. A disapproved plan may be amended and resubmitted to the department.
History: En. Sec. 4, Ch. 237, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 10. Administration of Human Services › Part 5. Community Services Block Grant Program › 53-10-505. Fiscal and program responsibility

53-10-505. Fiscal and program responsibility.
The department shall ensure state compliance in fiscal accountability and program integrity relating to block grant funds and services. The department shall audit the human resource development councils as may be required by state and federal law.
History: En. Sec. 5, Ch. 237, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 18. Self-Sufficiency Trusts › Part 1. General Provisions › 53-18-101. Definitions

53-18-101. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Self-sufficiency trust" means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the Internal Revenue Code, 26 U.S.C. 501(c)(3), as amended, and that was organized under the Montana Nonprofit Corporation Act, Title 35, chapter 2, for the purpose of providing for the care and treatment of one or more persons who are residents of this state and are persons with developmental disabilities, mental illness, or physical disabilities or are otherwise eligible for department services, as defined by the department.
History: En. Sec. 1, Ch. 542, L. 1989; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 464, Ch. 546, L. 1995; amd. Sec. 58, Ch. 472, L. 1997; amd. Sec. 110, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 18. Self-Sufficiency Trusts › Part 1. General Provisions › 53-18-102. Creation of self-sufficiency trust account

53-18-102. Creation of self-sufficiency trust account.
(1) There is created a self-sufficiency trust account in the state treasury. The state treasurer shall deposit to the credit of the trust account money received from a self-sufficiency trust for that purpose. The state treasurer shall direct payments from the trust account upon claims certified by the director of the department.
(2) The assets of the trust account must be preserved, invested, and expended in the manner and for the purposes provided in 53-18-103. At the end of each fiscal year, the unexpended account balance must carry forward to the next fiscal year and may not revert to the state general fund.
History: En. Sec. 2, Ch. 542, L. 1989; amd. Sec. 31, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 18. Self-Sufficiency Trusts › Part 1. General Provisions › 53-18-103. Administration of trust account

53-18-103. Administration of trust account.
(1) The department may accept money from a self-sufficiency trust for deposit in the self-sufficiency trust account pursuant to an agreement with the self-sufficiency trust naming one or more beneficiaries who are residents of this state and are persons with developmental disabilities, mental illness, or physical disabilities or are otherwise eligible for department services, as defined by the department. The agreement must specify the care or treatment to be provided for each named beneficiary. Money in the trust account must be accounted for separately for each named beneficiary. The department of public health and human services shall administer the trust account for beneficiaries who are mentally ill.
(2) (a) The department shall adopt rules to administer the trust account.
(b) The money in the trust account may be spent by the department, pursuant to its rules, only to provide care or treatment for the named beneficiary in accordance with the terms of the agreement.
(c) If the director of the department determines that the money in the trust account for a named beneficiary cannot be used for the care and treatment of the beneficiary in a manner consistent with the rules of the department and the agreement or upon request of the self-sufficiency trust, the remaining money in the trust account for the named beneficiary, together with any accumulated interest, must be promptly returned to the self-sufficiency trust that provided the money for deposit in the trust account.
(3) The trust account money must be deposited in the state treasury and invested as required by law and the earnings credited to the trust account.
History: En. Sec. 3, Ch. 542, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 465, Ch. 546, L. 1995; amd. Sec. 59, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 18. Self-Sufficiency Trusts › Part 1. General Provisions › 53-18-104. Benefits not affected

53-18-104. Benefits not affected.
Receipt by a beneficiary of supplemental services as a result of the self-sufficiency trust account or of care and treatment provided by the trust may not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.
History: En. Sec. 4, Ch. 542, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 18. Self-Sufficiency Trusts › Part 1. General Provisions › 53-18-105. Special account

53-18-105. Special account.
There is created within the self-sufficiency trust account a special account for the disabled. The director of the department may accept money from any source for deposit into the special account. The money in the special account must be used by the department, subject to appropriation, for the purpose of providing for the care and treatment of low-income persons with developmental disabilities, mental illness, or physical disabilities or low-income persons otherwise eligible for department services, as defined by the department.
History: En. Sec. 5, Ch. 542, L. 1989; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 60, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-101. Purpose

53-19-101. Purpose.
The legislature, in recognition of needs of persons with severe disabilities and of the desirability of meeting those needs on a community level to the extent of available funding and in order to reduce the need for institutional care settings, establishes by this part a community program to assist persons with severe disabilities to live and function independently. This program implements Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. 796, et seq.), as may be amended, for persons with severe disabilities in Montana.
History: En. Sec. 1, Ch. 713, L. 1985; amd. Sec. 3, Ch. 514, L. 1987; amd. Sec. 1, Ch. 330, L. 1989; amd. Sec. 3, Ch. 326, L. 1993.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-102. Definitions

53-19-102. Definitions.
As used in this part, the following definitions apply:
(1) "Community home for persons with severe disabilities" means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205.
(2) "Department" means the department of public health and human services established in 2-15-2201.
(3) "Disability" means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended.
(4) "Live and function independently" means to have control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.
(5) "Person with a severe disability" means the same as "individual with a severe disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(15)(B), as may be amended. The term includes an individual whose ability to function independently in family or community or whose ability to engage or continue in employment is so limited by the severity of the physical or mental disability that the services provided under this part are required in order for the individual to achieve a greater level of independence in functioning in family or community or in engaging in or continuing in employment.
History: En. Sec. 2, Ch. 713, L. 1985; amd. Sec. 4, Ch. 514, L. 1987; amd. Sec. 2, Ch. 330, L. 1989; amd. Sec. 4, Ch. 326, L. 1993; amd. Sec. 466, Ch. 546, L. 1995; amd. Sec. 242, Ch. 42, L. 1997; amd. Sec. 61, Ch. 472, L. 1997.