reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 6. Ombudsman Services › 52-3-605. Enforcement of access

52-3-605. Enforcement of access.
(1) A person who violates the provisions of 52-3-604 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care facility in question is located may petition the district court to impose, assess, and recover the civil penalty. Money collected as a civil penalty must be deposited in the state general fund.
(2) The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care facility in question is located may bring an action to enjoin a violation of any provision of 52-3-604 in addition to or exclusive of the remedy in subsection (1).
History: En. Sec. 5, Ch. 223, L. 1987; Sec. 53-5-805, MCA 1989; redes. 52-3-605 by Code Commissioner, 1991; amd. Sec. 153, Ch. 418, L. 1995; amd. Sec. 362, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-801. Short title

52-3-801. Short title.
This part may be cited as the "Montana Vulnerable Adult Prevention of Abuse Act".
History: En. Sec. 1, Ch. 623, L. 1983; amd. Sec. 1, Ch. 198, L. 1989; Sec. 53-5-501, MCA 1989; redes. 52-3-801 by Code Commissioner, 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 17, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-802. Legislative findings and purpose

52-3-802. Legislative findings and purpose.
The legislature finds that a need exists to provide for cooperation among law enforcement officials and agencies, courts, and state and county agencies providing human services in preventing the abuse, sexual abuse, neglect, and exploitation of Montana's vulnerable adults through the identification, reporting, and prosecution of acts of abuse, sexual abuse, neglect, and exploitation.
History: En. Sec. 2, Ch. 623, L. 1983; amd. Sec. 2, Ch. 198, L. 1989; Sec. 53-5-502, MCA 1989; redes. 52-3-802 by Code Commissioner, 1991; amd. Sec. 1, Ch. 167, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1, Ch. 196, L. 1999; amd. Sec. 18, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-804. Duties of department

52-3-804. Duties of department.
(1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811(1)(a).
(2) The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.
(3) The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for a vulnerable adult alleged to have been abused, sexually abused, neglected, or exploited.
(4) If a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the vulnerable adult's caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811(1)(a), the district court in the county where the vulnerable adult is found may order a law enforcement officer or a department representative to enter the premises to conduct an investigation on finding that there is probable cause to believe that the vulnerable adult is abused, sexually abused, neglected, or exploited.
(5) If a representative of the department has reasonable grounds to believe that a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited is suffering from abuse, sexual abuse, neglect, or exploitation that presents a substantial risk of death or serious physical injury, the department may:
(a) provide voluntary protective services as provided in subsection (3); or
(b) if the department representative has reasonable grounds to believe that the vulnerable adult is an incapacitated person, provide emergency protective services as follows:
(i) arrange or facilitate an appropriate emergency protective service placement;
(ii) transport or arrange for the transport of the vulnerable adult to the appropriate placement;
(iii) not later than 2 judicial days following placement of the vulnerable adult, either:
(A) provide voluntary protective services as provided under subsection (3); or
(B) petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317.
History: En. Sec. 9, Ch. 623, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 4, Ch. 198, L. 1989; Sec. 53-5-504, MCA 1989; redes. 52-3-804 by Code Commissioner, 1991; amd. Sec. 2, Ch. 716, L. 1991; amd. Sec. 3, Ch. 167, L. 1993; amd. Sec. 4, Ch. 465, L. 1995; amd. Sec. 363, Ch. 546, L. 1995; amd. Sec. 3, Ch. 196, L. 1999; amd. Sec. 20, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-805. Adult protective service teams

52-3-805. Adult protective service teams.
(1) The county attorney or the department shall convene one or more temporary or permanent interdisciplinary adult protective service teams. The teams shall assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to vulnerable adults who are victims of abuse, sexual abuse, neglect, or exploitation. The supervisor of the adult protective services unit of the department or the department's designee shall serve as the team's coordinator. Members must include an adult protection specialist, a member of a local law enforcement agency, a representative of the medical profession, and a county attorney or the county attorney's designee, who is an attorney. Members may include other appropriate persons designated by the county attorney or the supervisor of the adult protective services unit of the department.
(2) When the team considers a matter involving an adult with developmental disabilities in the care of a person providing developmental disabilities services, the team must also include a provider of developmental disability services other than the provider involved in the matter under review. The team shall make a report to the county attorney that contains a recommendation concerning any criminal prosecution to be brought pursuant to this part.
History: En. Sec. 1, Ch. 662, L. 1985; amd. Sec. 12, Ch. 609, L. 1987; Sec. 53-5-505, MCA 1989; redes. 52-3-805 by Code Commissioner, 1991; amd. Sec. 4, Ch. 167, L. 1993; amd. Sec. 2, Ch. 421, L. 1993; amd. Sec. 2, Ch. 426, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 364, Ch. 546, L. 1995; amd. Sec. 21, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-812. Content of report

52-3-812. Content of report.
(1) The report required by 52-3-811 may be made in writing or orally, by telephone, in person, or electronically through the department. A person who receives an oral report shall prepare it in writing as soon as possible.
(2) The report referred to under this section must contain:
(a) the names and addresses of the vulnerable adult and the person, if any, responsible for the vulnerable adult's care;
(b) the name and address, if available, of the person who is alleged to have abused, sexually abused, neglected, or exploited the vulnerable adult;
(c) to the extent known, the vulnerable adult's age and the nature and extent of the abuse, sexual abuse, neglect, or exploitation, including any evidence of previous injuries, abuse, sexual abuse, neglect, or exploitation sustained by the vulnerable adult and any evidence of prior instances of abuse, sexual abuse, neglect, or exploitation of other vulnerable adults committed by the person alleged to have committed abuse, sexual abuse, neglect, or exploitation; and
(d) the name and address of the person making the report.
History: En. Sec. 5, Ch. 623, L. 1983; amd. Sec. 6, Ch. 198, L. 1989; Sec. 53-5-512, MCA 1989; redes. 52-3-812 by Code Commissioner, 1991; amd. Sec. 6, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 5, Ch. 196, L. 1999; amd. Sec. 23, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-814. Immunity from civil and criminal liability

52-3-814. Immunity from civil and criminal liability.
(1) A person who makes a report required or authorized to be made under 52-3-811 is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report unless the report is false in any material respect and the person acted in bad faith or with malicious purpose.
(2) A person who provides information or who uses information obtained pursuant to 52-3-813(2) to refuse to hire or to discharge an employee, volunteer, or other person who through their employment or volunteer activities may have unsupervised contact with a vulnerable adult is immune from civil liability unless the person providing or using the information acts in bad faith or with malicious purpose.
History: En. Sec. 7, Ch. 623, L. 1983; Sec. 53-5-514, MCA 1989; redes. 52-3-814 by Code Commissioner, 1991; amd. Sec. 6, Ch. 465, L. 1995; amd. Sec. 25, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-815. Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted

52-3-815. Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted.
(1) A person or agency receiving a report of suspected abuse, sexual abuse, neglect, or exploitation under 52-3-811 shall prepare a written description of the conditions regarded as evidence of abuse, sexual abuse, neglect, or exploitation and may, with the consent of an allegedly abused, sexually abused, neglected, or exploited vulnerable adult or without consent of the vulnerable adult if it appears that the vulnerable adult is an incapacitated person, take or cause to be taken photographs of an area of trauma visible on the body of the allegedly abused, sexually abused, neglected, or exploited vulnerable adult and regarded as evidence of abuse, sexual abuse, neglect, or exploitation.
(2) A physician required to report under 52-3-811 may, with the consent of an allegedly abused, sexually abused, neglected, or exploited vulnerable adult or without consent of the vulnerable adult if it appears that the person is an incapacitated person, require x-rays or other appropriate medical tests or procedures that would, in the professional opinion of the physician, assist in establishing evidence related to the allegation of abuse, sexual abuse, neglect, or exploitation.
(3) Evidence authorized to be gathered under this section must be submitted with the report required under 52-3-811 to the authorities designated in 52-3-811 as soon as possible after submission of the report.
History: En. Sec. 3, Ch. 716, L. 1991; amd. Sec. 8, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 7, Ch. 196, L. 1999; amd. Sec. 26, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-821. Admissibility of evidence

52-3-821. Admissibility of evidence.
In any proceeding resulting from a report made pursuant to the provisions of this part or in any proceeding where the report or its content is sought to be introduced into evidence, the report or its content or any other fact related to the report or to the condition of the vulnerable adult who is the subject of the report may not be excluded on the ground that the matter is or may be the subject of a privilege granted in Title 26, chapter 1, part 8, except the attorney-client privilege granted by 26-1-803.
History: En. Sec. 8, Ch. 623, L. 1983; amd. Sec. 8, Ch. 198, L. 1989; Sec. 53-5-521, MCA 1989; redes. 52-3-821 by Code Commissioner, 1991; amd. Sec. 27, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 8. Montana Vulnerable AdultPrevention of Abuse Act › 52-3-825. Penalties

52-3-825. Penalties.
(1) A person is guilty of an offense and on conviction is punishable as provided in 46-18-212 if the person purposely or knowingly:
(a) fails to make a report required by 52-3-811;
(b) fails to disclose the contents of a case record or report in violation of 52-3-813;
(c) gives false information to any adult protective services representative, county attorney, or law enforcement officer with the purpose to implicate another person;
(d) reports to adult protective services, the county attorney, or law enforcement authorities an offense or other incident within the person's concern knowing that it did not occur; or
(e) pretends to furnish adult protective services, the county attorney, or law enforcement authorities with information relating to an offense or incident when the person knows that the person has no information relating to the offense.
(2) (a) Except as provided in subsection (2)(c), a person who purposely or knowingly abuses, sexually abuses, or neglects a vulnerable adult is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(b) (i) Except as provided in subsection (2)(c), a person who negligently abuses a vulnerable adult is guilty of a misdemeanor and upon a first conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(b)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(c) (i) A person who causes personal degradation to a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy is, for a first offense, guilty of a misdemeanor and shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both;
(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(c)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or be fined an amount not to exceed $10,000, or both.
(d) A person 18 years of age or older who has a developmental disability, as defined in 53-20-102, may not be charged under subsections (2)(a) through (2)(c).
History: En. Sec. 10, Ch. 623, L. 1983; amd. Sec. 2, Ch. 668, L. 1985; amd. Sec. 1, Ch. 411, L. 1987; amd. Sec. 9, Ch. 198, L. 1989; Sec. 53-5-525, MCA 1989; redes. 52-3-825 by Code Commissioner, 1991; amd. Sec. 9, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 8, Ch. 196, L. 1999; amd. Sec. 2, Ch. 350, L. 2003; amd. Sec. 1, Ch. 429, L. 2005; amd. Sec. 2, Ch. 158, L. 2013; amd. Sec. 3, Ch. 180, L. 2015; amd. Sec. 2, Ch. 329, L. 2019; amd. Sec. 28, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-101. Repealed

52-4-101. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 1, Ch. 508, L. 1973; R.C.M. 1947, 71-1901; amd. Sec. 97, Ch. 609, L. 1987; Sec. 53-20-401, MCA 1989; redes. 52-4-101 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-102. Repealed

52-4-102. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 2, Ch. 508, L. 1973; R.C.M. 1947, 71-1902; amd. Sec. 1, Ch. 343, L. 1981; amd. Sec. 98, Ch. 609, L. 1987; Sec. 53-20-402, MCA 1989; redes. 52-4-102 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-103. Repealed

52-4-103. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 3, Ch. 508, L. 1973; amd. Sec. 39, Ch. 37, L. 1977; R.C.M. 1947, 71-1903; amd. Sec. 2, Ch. 343, L. 1981; Sec. 53-20-403, MCA 1989; redes. 52-4-103 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-104. Repealed

52-4-104. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 5, Ch. 508, L. 1973; R.C.M. 1947, 71-1905; amd. Sec. 4, Ch. 343, L. 1981; amd. Sec. 99, Ch. 609, L. 1987; Sec. 53-20-405, MCA 1989; redes. 52-4-104 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-105. Repealed

52-4-105. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 6, Ch. 508, L. 1973; R.C.M. 1947, 71-1906; amd. Sec. 5, Ch. 343, L. 1981; Sec. 53-20-406, MCA 1989; redes. 52-4-105 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-106. Repealed

52-4-106. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 8, Ch. 508, L. 1973; R.C.M. 1947, 71-1908; Sec. 53-20-408, MCA 1989; redes. 52-4-106 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-107. Repealed

52-4-107. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 9, Ch. 508, L. 1973; R.C.M. 1947, 71-1909; amd. Sec. 100, Ch. 609, L. 1987; Sec. 53-20-409, MCA 1989; redes. 52-4-107 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-108. Repealed

52-4-108. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 10, Ch. 508, L. 1973; R.C.M. 1947, 71-1910(1); amd. Sec. 101, Ch. 609, L. 1987; Sec. 53-20-410, MCA 1989; redes. 52-4-108 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 1. Developmentally Disabled -- Protective Services (Repealed) › 52-4-110. Repealed

52-4-110. Repealed.
Sec. 9, Ch. 465, L. 1995.
History: En. Sec. 13, Ch. 508, L. 1973; R.C.M. 1947, 71-1913; Sec. 53-20-413, MCA 1989; redes. 52-4-110 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 2. Physically Disabled -- Community Home Licensing › 52-4-201. Purpose

52-4-201. Purpose.
The legislature, in recognition of the needs of persons with severe disabilities and of the desirability of meeting those needs on a community level, establishes in 52-4-201 through 52-4-205 authority for the state to license community homes for persons with severe disabilities. Licensed community homes for persons with severe disabilities are for the purpose of providing residential settings for persons with severe disabilities receiving services funded through state-administered programs who otherwise are unable to live independently and who are determined to be capable of residing in noninstitutional settings.
History: En. Sec. 8, Ch. 330, L. 1989; Sec. 53-19-201, MCA 1989; redes. 52-4-201 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 2. Physically Disabled -- Community Home Licensing › 52-4-202. Definitions

52-4-202. Definitions.
As used in 52-4-201 through 52-4-205, the following definitions apply:
(1) "Community home for persons with severe disabilities" means a family-oriented residence that is designed to provide residential services for two to eight persons with severe disabilities and that does not provide skilled or intermediate nursing care. This definition does not preclude the provision of skilled or intermediate nursing care by third-person providers.
(2) "Department" means the department of public health and human services provided for 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) "Severe disability" means a permanent disability that substantially limits major life activity, such as walking, self-care, seeing, hearing, speaking, learning, reasoning, judgment, or memory, and that can be diagnosed by a physician. The term includes the condition of a person with severe disabilities as defined in 53-19-102.
History: En. Sec. 9, Ch. 330, L. 1989; Sec. 53-19-202, MCA 1989; redes. 52-4-202 by Code Commissioner, 1991; amd. Sec. 368, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 2. Physically Disabled -- Community Home Licensing › 52-4-203. Licensing

52-4-203. Licensing.
(1) A community home for persons with severe disabilities must be licensed annually by the department.
(2) The department may also issue temporary and provisional licenses.
History: En. Sec. 10, Ch. 330, L. 1989; Sec. 53-19-203, MCA 1989; redes. 52-4-203 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 2. Physically Disabled -- Community Home Licensing › 52-4-204. Health and safety standards

52-4-204. Health and safety standards.
(1) A community home for persons with severe disabilities must be certified annually for fire and life safety by the department of justice. The department of justice shall notify the department whenever a community home has been certified or refused certification.
(2) (a) Local health officers shall inspect a community home for persons with severe disabilities to ensure compliance with health and safety standards. If for any reason the local authority cannot complete the inspection in a timely manner, the department of public health and human services may make the inspection to ensure compliance with the standards.
(b) The inspecting health officer shall notify the department whether a community home is or is not in compliance with applicable standards.
(c) A reasonable fee may be charged by health authorities conducting compliance inspections.
History: En. Sec. 11, Ch. 330, L. 1989; Sec. 53-19-204, MCA 1989; redes. 52-4-204 by Code Commissioner, 1991; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 155, Ch. 418, L. 1995; amd. Sec. 369, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 4. Services to the Disabled › Part 2. Physically Disabled -- Community Home Licensing › 52-4-205. Rulemaking

52-4-205. Rulemaking.
(1) The department shall, for the purpose of licensing, adopt rules to govern administration, operation, and health and safety requirements for community homes for persons with severe disabilities in order to protect rights of residents. The department shall provide for temporary and provisional licensing.
(2) The state fire prevention and investigation section of the department of justice shall provide advice and recommendations to the department concerning licensing requirements for health and safety.
History: En. Sec. 12, Ch. 330, L. 1989; Sec. 53-19-205, MCA 1989; redes. 52-4-205 by Code Commissioner, 1991; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 156, Ch. 418, L. 1995; amd. Sec. 370, Ch. 546, L. 1995; amd. Sec. 39, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-101. Establishment of correctional facilities -- prohibitions -- definition

52-5-101. Establishment of correctional facilities -- prohibitions -- definition.
(1) The department of corrections, within the annual or biennial budgetary appropriation, may establish, maintain, and operate correctional facilities to provide custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth in need of these services who are at least 10 years of age and less than 18 years of age.
(2) A youth alleged or found to be a youth in need of intervention may not be placed in a correctional facility.
(3) When a correctional facility previously used as a secure residential facility for youth is repurposed by the department to provide for the custody, treatment, training, and rehabilitation of other correctional populations, serving the needs of youth populations must have priority if youth population increases sufficiently to justify the department reverting to the previous use of the facility.
History: En. Sec. 8, Ch. 320, L. 1967; amd. Sec. 44, Ch. 120, L. 1974; amd. Sec. 44, Ch. 37, L. 1977; R.C.M. 1947, 80-1410; amd. Sec. 1, Ch. 381, L. 1985; amd. Sec. 3, Ch. 737, L. 1985; amd. Sec. 2, Ch. 11, Sp. L. June 1986; amd. Sec. 102, Ch. 609, L. 1987; amd. Sec. 1, Ch. 212, L. 1989; Sec. 53-30-202, MCA 1989; redes. 52-5-101 by Code Commissioner, 1991; amd. Sec. 6, Ch. 548, L. 1991; amd. Sec. 371, Ch. 546, L. 1995; amd. Sec. 231, Ch. 42, L. 1997; amd. Sec. 13, Ch. 189, L. 1997; amd. Sec. 59, Ch. 550, L. 1997; amd. Sec. 30, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-102. Control and management of youth correctional facilities

52-5-102. Control and management of youth correctional facilities.
The facilities provided for in 52-5-101 shall exercise their functions under the supervision and general management of the department of corrections. Except where otherwise provided by law, the department by rules shall establish standards of care and policies of admission, transfers, discharge, and conditional release in order to provide adequate care for children and adequate service to the courts. Policies of admission may include criteria for medical examinations required under 52-5-108. The department shall develop special programs within each facility that are adaptable to the particular needs of its operation.
History: En. Sec. 9, Ch. 320, L. 1967; amd. Sec. 45, Ch. 120, L. 1974; R.C.M. 1947, 80-1411; amd. Sec. 103, Ch. 609, L. 1987; Sec. 53-30-203, MCA 1989; redes. 52-5-102 by Code Commissioner, 1991; amd. Sec. 1, Ch. 253, L. 1991; amd. Sec. 372, Ch. 546, L. 1995; amd. Sec. 60, Ch. 550, L. 1997; amd. Sec. 27, Ch. 344, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-103. Cooperative agreements for services with governing body of Indian tribe

52-5-103. Cooperative agreements for services with governing body of Indian tribe.
(1) The department of corrections may enter into agreements with the governing body of an Indian tribe within the state for residential, educational, and evaluation services maintained by the department for children who have been adjudicated delinquent by the tribal court, subject to the provisions of this part and parts 1 and 2 of Title 53, chapter 1.
(2) Any agreement entered into under subsection (1) must also satisfy the requirements of Title 18, chapter 11.
History: En. Sec. 1, Ch. 118, L. 1975; R.C.M. 1947, 80-1419; amd. Sec. 12, Ch. 309, L. 1981; amd. Sec. 177, Ch. 575, L. 1981; amd. Sec. 104, Ch. 609, L. 1987; Sec. 53-30-204, MCA 1989; redes. 52-5-103 by Code Commissioner, 1991; amd. Sec. 373, Ch. 546, L. 1995; amd. Sec. 61, Ch. 550, L. 1997; amd. Sec. 28, Ch. 344, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-104. Repealed

52-5-104. Repealed.
Sec. 1, Ch. 516, L. 1993; sec. 19, Ch. 579, L. 1993.
History: En. Sec. 10, Ch. 320, L. 1967; amd. Sec. 46, Ch. 120, L. 1974; R.C.M. 1947, 80-1412; amd. Sec. 11, Ch. 140, L. 1985; Sec. 53-30-205, MCA 1989; redes. 52-5-104 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-105. Superintendents to manage facilities

52-5-105. Superintendents to manage facilities.
Each facility provided for in 52-5-101 is under the immediate management and control of a superintendent. If the parent or legal guardian of a resident of a facility cannot be located, the superintendent or the superintendent's designee may consent to necessary medical treatment for the resident of the facility under the superintendent's management and control.
History: En. Sec. 46, Ch. 199, L. 1965; amd. Sec. 11, Ch. 320, L. 1967; R.C.M. 1947, 80-2202; amd. Sec. 1, Ch. 527, L. 1989; Sec. 53-30-206, MCA 1989; redes. 52-5-105 by Code Commissioner, 1991; amd. Sec. 1, Ch. 117, L. 1991; amd. Sec. 1901, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-106. Curricula at facilities

52-5-106. Curricula at facilities.
The academic and vocational curricula in facilities containing academic and vocational training must include academic and vocational subjects that conform to the Montana school accreditation standards set by the board of public education.
History: En. Sec. 47, Ch. 199, L. 1965; amd. Sec. 12, Ch. 320, L. 1967; R.C.M. 1947, 80-2203; Sec. 53-30-207, MCA 1989; redes. 52-5-106 by Code Commissioner, 1991; amd. Sec. 1, Ch. 68, L. 1993.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-107. Maximum age of commitment

52-5-107. Maximum age of commitment.
A youth who has attained 18 years of age may not be committed by any youth court to the department of corrections.
History: En. Sec. 48, Ch. 199, L. 1965; amd. Sec. 13, Ch. 320, L. 1967; amd. Sec. 15, Ch. 262, L. 1969; R.C.M. 1947, 80-2204; amd. Sec. 105, Ch. 609, L. 1987; amd. Sec. 2, Ch. 212, L. 1989; Sec. 53-30-208, MCA 1989; redes. 52-5-107 by Code Commissioner, 1991; amd. Sec. 374, Ch. 546, L. 1995; amd. Sec. 62, Ch. 550, L. 1997.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-108. Medical examination before admission -- records required to accompany youth committed

52-5-108. Medical examination before admission -- records required to accompany youth committed.
(1) Before a youth is admitted for any purpose or for any length of time to the Pine Hills correctional facility or another facility under an order of commitment to the department of corrections, the youth must be examined by a licensed physician assistant, by an advanced practice registered nurse, or by a licensed physician. A youth committed to the Pine Hills correctional facility or the department must be accompanied by the order of commitment, a medical examination report, an adequate social history, and any school records.
(2) The medical examination required under this section must be a current, complete physical examination of the youth.
History: En. Sec. 49, Ch. 199, L. 1965; amd. Sec. 14, Ch. 320, L. 1967; R.C.M. 1947, 80-2205; amd. Sec. 13, Ch. 609, L. 1987; Sec. 53-30-209, MCA 1989; redes. 52-5-108 by Code Commissioner, 1991; amd. Sec. 2, Ch. 253, L. 1991; amd. Sec. 375, Ch. 546, L. 1995; amd. Sec. 232, Ch. 42, L. 1997; amd. Sec. 14, Ch. 189, L. 1997; amd. Sec. 1, Ch. 24, L. 2001; amd. Sec. 28, Ch. 519, L. 2005; amd. Sec. 31, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-109. Transportation costs -- arrangement for transportation

52-5-109. Transportation costs -- arrangement for transportation.
(1) Prior to adjudication:
(a) for a youth placed in a facility, other than a correctional facility or a detention facility, the judicial district of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any other transportation costs incurred while the youth is in the facility. The district shall pay these costs from its annual allocation provided for in 41-5-130.
(b) for a youth detained in a detention facility, the county of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any other transportation costs while the youth is in the facility.
(2) After adjudication:
(a) for a youth placed in a nonsecure facility within or outside the state, the judicial district of the youth court in which the youth was adjudicated shall pay the costs for transporting the youth to and from the facility from its annual allocation established under 41-5-130;
(b) for a youth committed to the department of corrections for placement in an in-state correctional facility or returned to the department for violation of the terms and conditions of the youth's conditional release agreement, the county of the youth court in which the youth was adjudicated shall pay the cost for transporting the youth to the facility. The department shall pay the cost for transporting the youth after the youth is released from the facility or provide other arrangements for transporting the youth.
(c) for a youth placed in an out-of-state correctional facility pursuant to 41-5-355, the department of corrections shall pay the cost for transporting the youth to the facility and the cost for transporting the youth after the youth is released from the facility.
(3) The youth court probation office shall arrange for all transportation to and from an out-of-home placement except when the department of corrections is responsible for transportation costs as provided for in subsections (2)(b) and (2)(c).
History: En. Sec. 50, Ch. 199, L. 1965; amd. Sec. 15, Ch. 320, L. 1967; R.C.M. 1947, 80-2206; amd. Sec. 13, Ch. 609, L. 1987; Sec. 53-30-210, MCA 1989; redes. 52-5-109 by Code Commissioner, 1991; amd. Sec. 376, Ch. 546, L. 1995; amd. Sec. 233, Ch. 42, L. 1997; amd. Sec. 15, Ch. 189, L. 1997; amd. Sec. 54(5), Ch. 585, L. 2001; amd. Sec. 10, Ch. 587, L. 2001; amd. Sec. 21, Ch. 398, L. 2007; amd. Sec. 29, Ch. 344, L. 2019; amd. Sec. 32, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-110. Transfer of child to other facility or institution

52-5-110. Transfer of child to other facility or institution.
The department of corrections, upon recommendation of the superintendent of a facility, may transfer a child resident in one of its correctional facilities to any other facility or institution under the jurisdiction and control of the department or under contract to the department.
History: En. Sec. 53, Ch. 199, L. 1965; amd. Sec. 16, Ch. 320, L. 1967; R.C.M. 1947, 80-2209; amd. Sec. 25, Ch. 361, L. 1983; amd. Sec. 14, Ch. 363, L. 1983; amd. Sec. 10, Ch. 151, L. 1985; amd. Sec. 13, Ch. 14, Sp. L. June 1986; amd. Sec. 106, Ch. 609, L. 1987; Sec. 53-30-211, MCA 1989; redes. 52-5-110 by Code Commissioner, 1991; amd. Sec. 377, Ch. 546, L. 1995; amd. Sec. 33, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-112. University aid to residents of schools

52-5-112. University aid to residents of schools.
The department of corrections may, on the recommendation of the superintendent, authorize a resident of a correctional facility who has completed high school and who is otherwise eligible to receive up to $800 per year toward the resident's expenses incurred in attending a unit of the Montana university system. The money may be used for transportation, clothing, books, board, and room and must be paid in the same manner as other expenses of the school. The board of regents of higher education may waive fees and tuition for these residents pursuant to 20-25-421. No more than eight residents of each correctional facility may receive these benefits each year. The department shall notify the board of regents before August 1 of each year of the residents that it has designated to receive the benefits for the next school year.
History: En. Sec. 57, Ch. 199, L. 1965; amd. Sec. 57, Ch. 120, L. 1974; R.C.M. 1947, 80-2213; amd. Sec. 13, Ch. 609, L. 1987; amd. Sec. 2, Ch. 170, L. 1989; Sec. 53-30-213, MCA 1989; redes. 52-5-112 by Code Commissioner, 1991; amd. Sec. 379, Ch. 546, L. 1995; amd. Sec. 234, Ch. 42, L. 1997; amd. Sec. 16, Ch. 189, L. 1997; amd. Sec. 35, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-113. Publication of information to facilitate return of youth leaving correctional facility or program without permission

52-5-113. Publication of information to facilitate return of youth leaving correctional facility or program without permission.
The department may publish the name and picture of and the offense and other information relating to a youth who has left a correctional facility or program operated by the department or who is committed to the department and who presents a threat to public safety if the publication is determined by the department to be necessary to facilitate the youth's return and to protect the public.
History: En. Sec. 55, Ch. 199, L. 1965; amd. Sec. 18, Ch. 320, L. 1967; amd. Sec. 1, Ch. 313, L. 1973; R.C.M. 1947, 80-2211; amd. Sec. 20, Ch. 38, L. 1979; amd. Sec. 2, Ch. 381, L. 1985; amd. Sec. 108, Ch. 609, L. 1987; Sec. 53-30-214, MCA 1989; redes. 52-5-113 by Code Commissioner, 1991; amd. Sec. 380, Ch. 546, L. 1995; amd. Sec. 235, Ch. 42, L. 1997; amd. Sec. 17, Ch. 189, L. 1997; amd. Sec. 64, Ch. 550, L. 1997; amd. Sec. 36, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-114. Penalty for aiding resident in leaving or not returning to correctional facility

52-5-114. Penalty for aiding resident in leaving or not returning to correctional facility.
(1) A person is guilty of an offense if the person purposely or knowingly:
(a) permits or assists a resident of a correctional facility to leave a facility without permission;
(b) permits or assists a resident's failure to return to a correctional facility from which the resident had permission to leave;
(c) furnishes or attempts to furnish to a resident a tool, weapon, or other article with the intent of aiding the resident to leave without permission or to not return; or
(d) harbors or conceals a resident who has left without permission.
(2) Upon conviction of a violation of subsection (1), a person shall be punished by imprisonment for a term of not less than 6 months or more than 2 years or by a fine not exceeding $1,000, or both.
History: En. Sec. 56, Ch. 199, L. 1965; amd. Sec. 19, Ch. 320, L. 1967; R.C.M. 1947, 80-2212; amd. Sec. 109, Ch. 609, L. 1987; amd. Sec. 1, Ch. 519, L. 1989; Sec. 53-30-215, MCA 1989; redes. 52-5-114 by Code Commissioner, 1991; amd. Sec. 1902, Ch. 56, L. 2009; amd. Sec. 37, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-120. Youth industries programs

52-5-120. Youth industries programs.
The department of corrections may:
(1) establish youth industries programs in state correctional facilities that:
(a) assist in the training and rehabilitation of residents who are youth at correctional facilities; and
(b) provide the production or manufacture of products and the rendering of services that may be needed by:
(i) a department or agency of the state of Montana or a unit of local government;
(ii) an agency of the federal government; or
(iii) an office or agency of another state or a political subdivision of another state;
(2) contract with private industry for the sale of goods produced or manufactured at correctional facilities; and
(3) fix the purchase price for goods and services available under the industries program established in subsection (1).
History: En. Sec. 1, Ch. 434, L. 1991; amd. Sec. 381, Ch. 546, L. 1995; amd. Sec. 38, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-121. Rulemaking authority

52-5-121. Rulemaking authority.
The department of corrections may adopt rules necessary for administration of industries programs authorized in 52-5-120. Rules adopted by the department may include rules regarding:
(1) requirements for participation of youth in industries programs;
(2) the type of training and experience to be provided to youth under these programs;
(3) the type of goods and services to be sold under the industries programs;
(4) contracts with private industry for the sale of goods produced or manufactured at correctional facilities; and
(5) payment of wages to youth working in industries programs.
History: En. Sec. 2, Ch. 434, L. 1991; amd. Sec. 382, Ch. 546, L. 1995; amd. Sec. 39, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-125. Repealed

52-5-125. Repealed.
Secs. 2, 3, Ch. 511, L. 1991.
History: En. Sec. 1, Ch. 630, L. 1987; Sec. 53-30-225, MCA 1989; redes. 52-5-125 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-126. Conditional release agreement

52-5-126. Conditional release agreement.
(1) At least 30 days before a youth is released by the department of corrections from a correctional facility to the supervision, custody, and control of the youth court, the department, youth, and juvenile probation officer assigned to the youth shall develop a conditional release agreement for the youth.
(2) At least 14 days before the youth is released, the department, youth, and juvenile probation officer shall finalize and sign the conditional release agreement. The agreement must contain a statement advising the youth of the youth's rights under 41-5-1430 and the terms and conditions that may result in a revocation of the youth's conditional release.
(3) A conditional release agreement for a youth released from a correctional facility for commitment to a mental health facility pursuant to Title 53, chapter 21, part 1, must remain in effect until the youth court no longer has custody of the youth.
History: En. Sec. 1, Ch. 158, L. 1969; amd. Sec. 48, Ch. 120, L. 1974; amd. Sec. 1, Ch. 429, L. 1975; R.C.M. 1947, 80-1414(part); amd. Sec. 110, Ch. 609, L. 1987; Sec. 53-30-226, MCA 1989; redes. 52-5-126 by Code Commissioner, 1991; amd. Sec. 2, Ch. 201, L. 1991; amd. Sec. 2, Ch. 358, L. 1993; amd. Sec. 383, Ch. 546, L. 1995; amd. Sec. 65, Ch. 550, L. 1997; amd. Sec. 30, Ch. 344, L. 2019; amd. Sec. 40, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-127. Control over youth placed on conditional release

52-5-127. Control over youth placed on conditional release.
The youth court has control over a youth released by the department of corrections pursuant to a conditional release agreement under 52-5-126 until the youth attains 18 years of age unless the youth is discharged by the youth court before age 18. However, the youth is subject to the continuing jurisdiction of the youth courts of Montana, pursuant to 41-5-205, for acts committed by the youth.
History: En. Sec. 2, Ch. 158, L. 1969; amd. Sec. 29, Ch. 94, L. 1973; amd. Sec. 49, Ch. 120, L. 1974; amd. Sec. 1, Ch. 15, L. 1975; R.C.M. 1947, 80-1415; amd. Sec. 13, Ch. 609, L. 1987; amd. Sec. 4, Ch. 212, L. 1989; Sec. 53-30-227, MCA 1989; redes. 52-5-127 by Code Commissioner, 1991; amd. Sec. 3, Ch. 358, L. 1993; amd. Sec. 384, Ch. 546, L. 1995; amd. Sec. 66, Ch. 550, L. 1997; amd. Sec. 31, Ch. 344, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-128. Detention of youth who violates conditional release or escapes from facility or program

52-5-128. Detention of youth who violates conditional release or escapes from facility or program.
(1) A juvenile probation officer may detain a youth who allegedly has violated the terms and conditions of the youth's conditional release agreement. A law enforcement officer of the state or a county or a city shall detain a youth who has allegedly violated the terms and conditions of the youth's conditional release agreement upon receipt of a warrant to detain the youth.
(2) The department of corrections may detain a youth who has escaped from a correctional facility or program operated by or under contract with the department. A law enforcement officer of the state or a county or a city shall detain a youth upon notice in writing to the officer by the department that the youth has escaped from a correctional facility or program operated by or under contract with the department.
History: En. Sec. 3, Ch. 158, L. 1969; amd. Sec. 50, Ch. 120, L. 1974; amd. Sec. 3, Ch. 429, L. 1975; R.C.M. 1947, 80-1416; amd. Sec. 13, Ch. 609, L. 1987; Sec. 53-30-228, MCA 1989; redes. 52-5-128 by Code Commissioner, 1991; amd. Sec. 385, Ch. 546, L. 1995; amd. Sec. 67, Ch. 550, L. 1997; amd. Sec. 32, Ch. 344, L. 2019; amd. Sec. 41, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 5. Corrections › Part 1. Youthful Offenders › 52-5-129. Repealed

52-5-129. Repealed.
Sec. 35, Ch. 344, L. 2019.
History: (1), (3) thru (7)En. 80-1414.1 by Sec. 2, Ch. 429, L. 1975; amd. Sec. 1, Ch. 231, L. 1977; Sec. 80-1414.1, R.C.M. 1947; (2)En. Sec. 1, Ch. 158, L. 1969; amd. Sec. 48, Ch. 120, L. 1974; amd. Sec. 1, Ch. 429, L. 1975; Sec. 80-1414, R.C.M. 1947; R.C.M. 1947, 80-1414(part), 80-1414.1; (8)En. Sec. 1, Ch. 242, L. 1979; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 13, Ch. 475, L. 1987; amd. Sec. 111, Ch. 609, L. 1987; amd. Sec. 11, Ch. 434, L. 1989; Sec. 53-30-229, MCA 1989; redes. 52-5-129 by Code Commissioner, 1991; amd. Sec. 11, Ch. 547, L. 1991; amd. Sec. 386, Ch. 546, L. 1995; amd. Sec. 44, Ch. 286, L. 1997; amd. Sec. 68, Ch. 550, L. 1997; amd. Sec. 15, Ch. 532, L. 1999; amd. Sec. 4, Ch. 576, L. 2001; amd. Sec. 1, Ch. 382, L. 2003.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 6. Battered Spouses › Part 1. Battered Spouses Grant Programs › 52-6-101. Battered spouses and domestic violence grant program created

52-6-101. (Temporary) Battered spouses and domestic violence grant program created.
There is a grant program established within the department of public health and human services for the allocation of grant money to local battered spouses and domestic violence programs. (Repealed effective October 1, 2024--sec. 7, Ch. 62, L. 2023, sec. 9, Ch. 62, L. 2023.)
History: En. Sec. 1, Ch. 677, L. 1979; amd. Sec. 11, Ch. 609, L. 1987; Sec. 40-2-401, MCA 1989; redes. 52-6-101 by Code Commissioner, 1991; amd. Sec. 387, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 6. Battered Spouses › Part 1. Battered Spouses Grant Programs › 52-6-102. Duties of department

52-6-102. (Temporary) Duties of department.
The department of public health and human services:
(1) shall adopt rules necessary to carry out the purposes of this part;
(2) may spend no more than 5% of the appropriated funds for administrative costs of the program;
(3) shall accept federal funds that may be available for use in carrying out the provisions of this part;
(4) may use state funds as a match for federal funds if required; and
(5) may conduct research and compile statistics relating to battered spouses and domestic violence. (Repealed effective October 1, 2024--sec. 7, Ch. 62, L. 2023, sec. 9, Ch. 62, L. 2023.)
History: En. Sec. 5, Ch. 677, L. 1979; amd. Sec. 11, Ch. 609, L. 1987; Sec. 40-2-402, MCA 1989; redes. 52-6-102 by Code Commissioner, 1991; amd. Sec. 388, Ch. 546, L. 1995.