Title 53, Title 53

If a treaty in effect between the United States and a foreign country provides for the transfer, by exchange or otherwise, of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treat…

(Temporary) Inmate financial transactions and trust account system. (1) An inmate of a state prison, as defined in 53-30-101(1), (2), and (4), shall use the prison inmate trust account system administered by the department of corrections to send money out of or receive money in t…

(1) Upon incarceration at a state prison, an inmate shall: (a) make full disclosure of all the inmate's accounts in financial institutions to the department of corrections in writing and under oath; (b) sign a release authorizing any financial institution in which the inmate has …

(1) There is an account in the state special revenue fund. The net proceeds from Pine Hills correctional facility resident and state prison inmate canteen purchases and resident or inmate telephone use, cash proceeds from the disposition of confiscated contraband, and any public …

(1) A state inmate who is incarcerated in a state prison, as defined in 53-30-101, shall complete a department form designating a beneficiary by name. The beneficiary is entitled to the inmate's trust account funds and to the tangible personal property located on the state prison…

The department of corrections shall use at maximum efficiency the resources of state government in a coordinated effort to: (1) develop and maintain comprehensive services and programs in the field of adult and youth corrections; (2) provide for the custody, assessment, care, sup…

(1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department. (2) Adult corrections services consist of the following correctional facilities or programs: (a) a state prison as defined in 53-30-101; (b) approp…

(1) The department of corrections shall: (a) subject to subsection (6), adopt rules necessary: (i) for the siting, establishment, and expansion of prerelease centers; (ii) for the expansion of treatment facilities or programs previously established by contract through a competiti…

The warden or superintendents of institutions in the department of corrections are responsible for the immediate management and control of their respective institutions, subject to the general policies and programs established by the department of corrections.

The department of corrections may direct a penal and corrective institution of the state to participate in and cooperate with programs of research and development being conducted and carried on by any units of the Montana university system, by any of the other educational institu…

(1) The department of corrections is authorized to use inmate labor for the purpose of construction projects at a state prison that are authorized by the legislature. (2) The department of administration shall provide for construction of the projects authorized by this section, w…

(1) The department of corrections shall allocate $46,000 each fiscal year from the proprietary enterprise fund established for the operation of the state prison ranch to the Powell County treasurer. (2) The Powell County treasurer shall distribute the payment in the relative prop…

The former forensic unit at Warm Springs is the property of the department of corrections, and the building may be used only for treatment of inmates with chemical dependency or other mental or physical health-related problems.

Pursuant to 53-20-505 and 77-2-302, the former Eastmont human services center at Glendive is the property of the department of corrections, and the building may be used for any purpose determined appropriate by the department. Whenever possible, the department shall employ the fo…

(1) There is a quality assurance unit in the department of corrections. (2) In addition to duties assigned to it by the department director or otherwise required by law, the unit shall: (a) adopt an evidence-based program evaluation tool that measures how closely correctional pro…

(1) Subject to appropriation by the legislature, a person who was convicted in this state of a felony offense, who was incarcerated in a state prison for any period of time, and whose judgment of conviction was overturned by a court based on the results of postconviction forensic…

Any report produced by a state entity that requires the disclosure of information regarding recidivism or recidivism rates must use the definition of recidivism provided in 1-1-207.

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "All-inclusive rate" means a fixed charge that is computed on a daily basis or on the basis of another time period for inpatients, that is computed on a per visit basis for outpatien…

(1) A resident and a financially responsible person are liable to the department for the resident's cost of care as provided in this part. The cost of care includes the applicable per diem and ancillary charges or all-inclusive rate charges for the care of residents in the follow…

In addition to the specific provisions of this part that require the department to adopt rules, the department may adopt rules to implement this part. All rules adopted by the department under the provisions of this part must be adopted pursuant to the provisions of the Montana A…

The per diem charge for the fiscal year must be reviewed on or before October 1 of each year by the department and may be reviewed at additional times during the year as considered appropriate by the department. If the review indicates that the costs of an institution have change…

(1) A resident and a financially responsible person are liable for the resident's cost of care in an amount that the department determines that the resident or financially responsible person is able to pay. The department shall determine ability to pay based upon financial inform…

(1) Before determining an ability to pay under 53-1-405, the department shall investigate each resident's and each financially responsible person's ability to pay. For purposes of the investigation, the determination of ability to pay, or any later review or redetermination, the …

A resident or financially responsible person aggrieved by a determination of ability to pay under 53-1-405 may request a hearing pursuant to Title 2, chapter 4, part 6.

(1) The department shall review at least annually each determination of ability to pay, and if there has been a significant change in a resident's or financially responsible person's ability to pay, the department shall make a new determination. (2) In addition to the annual revi…

(1) The resident or financially responsible person is liable only for the cost of care that the department has determined that the person is able to pay and for which the department has billed the resident or financially responsible person. If the amount payable is retroactively …

A resident of an institution listed in 53-1-402 may not be discharged by reason of the nonpayment of the resident's cost of care unless, by certification of a physician consulted by the superintendent of the institution, the discharge is medically advisable.

(1) If a resident or financially responsible person refuses or fails to pay the amount required under this part, any amount remaining unpaid 30 days after the department mails a written demand for payment may be collected: (a) by the department in any manner allowed by law for th…

(1) The department has a claim against the estate of a resident and against the estate of a financially responsible person for the amounts that the department determined that the resident or financially responsible person was able to pay under 53-1-405, less any amounts actually …

(1) Except as provided in 90-7-220, 90-7-221, and this section, the department shall deposit payments and collections of charges for a resident's cost of care in the state treasury to the credit of the general fund. (2) Payments and collections for services provided to residents …

(1) Upon the provision of care to a resident, the resident is considered to have assigned to the department all third-party payments, benefits, and resources applicable to the resident's care. (2) The department is entitled to all third-party payments, benefits, and resources ass…

(1) The department of corrections shall establish per diem rates for room, board, and services for persons placed in or committed to a community correctional program operated by the department of corrections. The department of corrections may adopt rules allowing it to order part…

(1) The department of corrections may establish and charge reasonable rates for board, room, and ancillary services as described in 53-1-401 for persons incarcerated in an institutional correctional facility. (2) The department of corrections may prescribe rules that establish cr…

The department of public health and human services shall use to maximum efficiency the resources of state government in a coordinated effort to: (1) develop and maintain comprehensive services and programs in the fields of: (a) mental health; and (b) chemical dependency; (2) prov…

(1) The following components are in the department of public health and human services to carry out the purposes of the department: (a) mental health services, consisting of the following institutional components for care and treatment of the mentally ill pursuant to Title 53, ch…

The department of public health and human services shall: (1) adopt rules for the admission, custody, transfer, and release of persons in department programs except as otherwise provided by law. However, rules adopted by the department may not amend or alter the statutory powers …

The superintendents of institutions in the department of public health and human services are responsible for the immediate management and control of their respective institutions, subject to the general policies and programs established by the department.

The department of public health and human services shall seek federal funds to offset general fund expenditures to the maximum extent possible. The cost of administration and any supporting contract efforts to claim federal funds above historic levels must be funded from anticipa…

(1) As part of its refinancing duties, the department of public health and human services shall evaluate the proposed medicaid block grant and report its findings with respect to the criteria in subsection (2) to the legislative finance committee at each regular meeting of the co…

(1) It is the intent of the legislature that general fund savings generated through the refinancing work described in 53-1-610 be applied in the following priority: (a) the savings must be applied to fund the refinancing activities; (b) the department of public health and human s…

(1) The legislature finds that the implementation of a system using a single, easy-to-use telephone number, 2-1-1, for public access to information and referral for safety, health, or human services and for information about access to services after a disaster or emergency will b…

The dialing code of 2-1-1 is created as the official state dialing code for public access to information and referral for safety, health, and human services and information about access to services in the event of a disaster or emergency.

As used in this part, the following definitions apply: (1) "Approved 2-1-1 service provider" means a public or nonprofit agency or organization designated by the department to provide 2-1-1 services. (2) "Department" means the department of public health and human services. (3) "…

Before a state agency that provides disaster, emergency, safety, health, or human services starts a new public information telephone line or hotline, the state agency shall consult with the department about using the statewide 2-1-1 system to provide public access to the informat…

(1) Only an approved service provider may provide 2-1-1 telephone services after July 1, 2006. The department shall approve 2-1-1 service providers after considering the following: (a) the ability of the proposed 2-1-1 service provider to meet the national 2-1-1 standards recomme…

(1) The statewide 2-1-1 system shall ensure provision of services in all counties of the state. (2) The statewide 2-1-1 system must be administered by the department. The department shall approve a strategic plan for service delivery and divide the state into no more than eight r…