SENATE BILL NO. 176
INTRODUCED BY W. MCNUTT
AN ACT PROVIDING FOR STATE ASSUMPTION OF THE COSTS OF FUNDING DISTRICT COURTS; EXCLUDING COUNTY ATTORNEYS, PUBLIC DEFENDERS, AND CLERKS OF DISTRICT COURT FROM STATE ASSUMPTION; PROVIDING FOR THE ADOPTION BY THE SUPREME COURT OF A JUDICIAL BRANCH PERSONNEL PLAN; PROVIDING FOR A DISTRICT COURT COUNCIL; ELIMINATING THE PROVISION ALLOWING THE DISTRICT COURT TO DIRECT THE COUNTY SHERIFF TO PROVIDE COURT FACILITIES AT COUNTY EXPENSE; PROVIDING THAT COURT REPORTERS MAY BE STATE EMPLOYEES OR INDEPENDENT CONTRACTORS; PROVIDING THAT NONELECTED EMPLOYEES OF THE DISTRICT COURT BE STATE EMPLOYEES, INCLUDING CERTAIN COURT REPORTERS, PUBLIC DEFENDERS, AND JUVENILE PROBATION OFFICERS AND ASSESSMENT OFFICERS; PROVIDING FOR TRANSFER OF DISTRICT COURT EMPLOYEES FROM COUNTY EMPLOYMENT TO STATE EMPLOYMENT WITH FULL BENEFITS AND PROTECTIONS; DELINEATING THE USES FOR THE COUNTY LEVY FOR COURT EXPENSES; REQUIRING THAT MOST FEES COLLECTED BY THE CLERK OF DISTRICT COURT BE FORWARDED TO THE STATE TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND; REPEALING STATUTORY SALARY AMOUNTS FOR COURT REPORTERS AND JUVENILE PROBATION OFFICERS; REQUIRING THE DISTRICT COURT COUNCIL TO PROVIDE A RECOMMENDATION REGARDING ENUMERATING AS DISTRICT COURT EXPENSES SPECIFIC EXPENSES REGARDING PROCEEDINGS FOR INVOLUNTARY COMMITMENTS AND YOUTH COURT; AMENDING SECTIONS 3-1-702, 3-2-501, 3-2-714, 3-5-511, 3-5-515, 3-5-601, 3-5-602, 3-5-604, 3-5-901, 3-5-902, 3-15-204, 3-15-205, 7-6-2324, 7-6-2426, 7-6-2511, 17-7-502, 22-1-504, 25-1-201, 25-1-202, 25-1-1103, 25-9-506, 25-9-804, 27-9-103, 40-4-215, 40-4-226, 41-5-1701, 41-5-1702, 41-5-1706, 41-5-1707, 42-2-105, 46-8-114, 46-8-201, 46-8-202, 46-11-319, 46-14-202, 46-14-221, 46-15-116, 46-18-235, 46-18-603, 52-6-105, 53-9-104, AND 61-3-509, MCA; REPEALING SECTIONS 3-5-404, 3-5-903, 7-6-2352, 7-6-2427, 7-6-2428, 25-2-205, 41-5-1704, AND 41-5-1705, MCA; AND PROVIDING EFFECTIVE DATES, AN APPLICABILITY DATE, AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Supreme court -- adoption of judicial branch personnel plan. (1) The supreme court shall adopt a plan of personnel administration for employees of the judicial branch, other than justices, judges, the supreme court administrator, the librarian of the state law library, the clerk of the supreme court, county attorneys, deputy county attorneys, salaried public defenders, assistant public defenders, employees of the offices of public defenders, clerks of district court, and employees of the offices of the clerks of district court. The plan must include but not be limited to classification and pay, recruitment and selection, performance appraisal, training, and promotion.
(2) The court administrator appointed under 3-1-701 shall, under the direction of the supreme court, administer the judicial branch personnel plan adopted under this section.
Section 2. County to provide district court office space. (1) Each county or consolidated city-county government shall provide office, courtroom, and other space for district court operations.
(2) Costs of providing office, courtroom, and other space for district court operations are a district court expense within the meaning of 7-6-2351 and 7-6-2511.
Section 3. Local government authority to supplement district court budget. A local government may contract with the supreme court administrator's office to provide funds to supplement the budget of a district court in the county's jurisdiction.
Section 4. District court council -- administration of state funding of district courts. (1) The district court council shall adopt policies and procedures to administer the state-funded district court program as established in 3-5-901.
(2) The court administrator appointed under 3-1-701 shall administer the policies and procedures adopted under this section.
(3) Money appropriated for the district court program may not be used for any other purpose.
Section 5. District court council -- appointment -- composition -- duties -- staggered terms -- staff. (1) There is a district court council. The council must be composed of nine members as follows:
(a) the chief justice of the supreme court or a designee of the chief justice;
(b) four district court judges elected by district court judges, one of whom must be from a judicial district that does not contain a first-class city as provided in 7-1-4111; and
(c) the following ex officio, nonvoting members appointed by the supreme court:
(i) one chief juvenile probation officer nominated by the Montana juvenile probation officers association;
(ii) one clerk of the district court nominated by the Montana association of clerks of district courts;
(iii) one county commissioner nominated by the Montana association of counties; and
(iv) one court reporter nominated by the Montana court reporters association.
(2) The chief justice or the chief justice's designee shall serve as the presiding officer of the council and shall appoint a vice presiding officer to act in the absence of the presiding officer.
(3) The district court council shall develop and adopt policies and procedures, subject to review by the supreme court, to administer the state funding of district courts. The policies and procedures must address but not be limited to the following issues related to district courts:
(a) workload;
(b) resource allocation among the district courts;
(c) hiring policies;
(d) court procedures;
(e) information technology;
(f) for court reporters, work schedules, transcript fees, and equipment; and
(g) other issues regarding the state funding of district courts.
(4) Each district court judge shall retain the inherent power to select and appoint the judge's own necessary assistants and employees and to direct the performance of their duties.
(5) The chief justice of the supreme court shall serve on the council during the term of election or appointment. Other members shall serve staggered 3-year terms.
(6) The court administrator shall provide sufficient support to the council to allow it to carry out its statutory duties.
(7) The council shall provide reports to the legislature and supreme court upon request.
Section 6. District court council vacancies. (1) In the event that a vacancy on the district court council occurs, the supreme court shall appoint a replacement for the remainder of the term. The replacement must be a member of the same group as the member replaced.
(2) Appointments provided for in this section must be made within 30 days of the occurrence of the vacancy.
Section 7. District court council meetings -- quorum. (1) The district court council may determine the time and place of its meetings and shall meet at least once each quarter.
(2) A majority of the voting members of the council constitutes a quorum. A quorum may call a meeting upon reasonable notice to the other council members.
Section 8. No compensation -- travel expenses. The members of the district court council are not entitled to compensation for their services, but are entitled to travel expenses, as provided for in 2-18-501 through 2-18-503, while engaged in the discharge of council duties.
Section 9. Section 3-1-702, MCA, is amended to read:
"3-1-702. Duties. The court administrator is the administrative officer of the court. Under the direction of the supreme court, the court administrator shall:
(1) prepare and present judicial budget requests to the legislature, including the costs of the state-funded district court program;
(2) collect, compile, and report statistical and other data relating to the business transacted by the courts and provide the information to the legislature on request;
(3) recommend to the supreme court improvements in the judiciary;
(4) administer legal assistance for indigent victims of domestic violence, as provided in 3-2-714;
(4)(5) administer state funding for district courts, as provided in chapter 5, part 9; and
(6) administer the judicial branch personnel plan; and
(5)(7) perform other duties that the supreme court may assign."
Section 10. Section 3-2-501, MCA, is amended to read:
"3-2-501. Appointment of marshal and other employees. (1) The supreme court must shall appoint a marshal of the
supreme court and may appoint such other attendants, reporters, and clerks as that are necessary, who hold office at the
pleasure of the court.
(2) The marshal and other persons appointed under subsection (1) are employees of the judicial branch of state government, are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under [section 1], and must receive state employee benefits and expenses as provided in Title 2, chapter 18."
Section 11. Section 3-2-714, MCA, is amended to read:
"3-2-714. Civil legal assistance for indigent victims of domestic violence account. (1) There is a civil legal
assistance for indigent victims of domestic violence account in the state special revenue fund. There must be paid into this
account the filing fees paid under 25-1-201(4)(a)(3)(a) and (11) (6). The money in the account must be used solely for the
purpose of providing legal representation for indigent victims in civil matters in domestic violence cases and for alternative
dispute resolution initiatives in family law cases. Money in the account may not be used for class action lawsuits.
(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The supreme court administrator may designate nonprofit organizations that ordinarily render or finance legal services to indigent persons in civil matters in domestic violence cases to receive or administer the distribution of the funds."
Section 12. Section 3-5-511, MCA, is amended to read:
"3-5-511. Procedure in reference to witnesses' warrants. (1) The witnesses in criminal actions must shall report
their presence to the clerk the first day they attend under the subpoena.
(2) At the time any witness is excused from further attendance, the clerk must shall give to the witness a warrant taken
from a book containing a carbon copy of the same warrant, signed by the clerk, in which must be stated the name of the
witness, the number of days in attendance, the number of miles traveled, and the amount due.
(3) On presentation of such warrant to the county treasurer, the The amount specified in the warrant must be paid out of
the general fund unless the county has a district court fund. If the county has a district court fund, the amount must be paid
out of such fund by the state as provided in 3-5-901 and 3-5-902."
Section 13. Section 3-5-515, MCA, is amended to read:
"3-5-515. Fees for naturalization. The clerk of the district court shall collect from every person to whom a final
certificate of naturalization is issued, at the time that the same certificate is issued, all fees authorized by law. All fees must
be accounted for and paid to the county treasurer, as provided by 7-4-2511(1), and shall be credited to the general fund of
the county forwarded to the state treasurer for deposit in the state general fund."
Section 14. Section 3-5-601, MCA, is amended to read:
"3-5-601. Appointment Court reporters -- appointment -- oath -- employment status. (1) The judge of a district
court may appoint a reporter for such the court who is an officer of the court and holds his office during at the pleasure of
the appointing judge appointing him. He must subscribe The court reporter shall take the constitutional oath of office and
file the same it with the clerk of the court. In districts where there are two or more judges, each judge may appoint a
reporter. The judge shall direct the performance of the court reporter's duties.
(2) Court reporter services may be provided by a court reporter appointed:
(a) as a state employee foregoing transcription fees;
(b) as a state employee retaining transcription fees; or
(c) as an independent contractor.
(3) A court reporter appointed under subsection (2)(a) or (2)(b) is subject to classification and compensation as determined by the judicial branch personnel plan adopted under [section 1] and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
(4) (a) If a court reporter is appointed under subsection (2)(a), the state shall provide all equipment and supplies for the reporter's use. Any transcription fees paid for the reporter's transcription services must be forwarded to the state treasurer for deposit in the state general fund.
(b) If a court reporter is appointed under subsection (2)(b), the state shall provide equipment and supplies for the reporter's use, except that the reporter shall provide and maintain all equipment and supplies for performance of transcription duties unless equipment is shared, as provided in subsection (5). A reporter may not receive overtime for time spent on preparation of transcripts for which the reporter retains fees. The reporter shall retain all transcription fees paid for the reporter's transcription services.
(c) A court reporter appointed under subsection (2)(c) shall contract with the judicial branch as an independent contractor. The reporter shall provide and maintain the reporter's necessary equipment and supplies, retain all transcription fees paid for the reporter's transcript preparation services, and maintain professional liability insurance and workers' compensation coverage.
(5) A court reporter may use state-owned equipment under policies adopted by the district court council under [section 5] to avoid duplication of equipment costs. Use of shared equipment under this subsection is not a violation of 2-2-121(2)(a)."
Section 15. Section 3-5-602, MCA, is amended to read:
"3-5-602. Salary Court reporter as independent contractor -- compensation and expenses -- apportionment. (1)
Each court reporter who is an independent contractor under 3-5-601 is entitled to receive a base annual salary of not less
than $28,000 or more than $35,000 and no other compensation except as provided in 3-5-604, unless the judge decides to
solicit bids for the work performed by the reporter, in which case the salary must be for the amount specified in the bid
accepted by the judge. The salary must be set by the judge for whom the reporter works. The salary is payable in monthly
installments out of the general funds of the counties composing the district for which the reporter is appointed and out of an
appropriation made to the supreme court administrator as provided in subsection (2) compensation as provided in the
contract.
(2) The supreme court administrator shall determine the total number of civil and criminal actions commenced in the
preceding year in the district court or courts in the judicial district for which a reporter is appointed. The state shall pay its
portion of the reporter's salary based on the proportion of the total number of criminal actions commenced in the district
court or courts in the district and the amount appropriated for that purpose. Each county shall pay its portion of the
remainder of the salary based on its proportion of the total number of civil and criminal actions commenced in the district
courts in the district. The judge or judges of the district shall, on January 1 of each year or as soon thereafter as possible,
apportion the amount of the salary to be paid by each county in the district on the basis prescribed in this subsection. The
portion of the salary payable by a county is a district court expense within the meaning of 7-6-2351, 7-6-2352, and
7-6-2511 pay the compensation due under subsection (1) as provided in 3-5-901 and 3-5-902.
(3) In judicial districts comprising more than one county, the court reporter is allowed, in addition to the salary and fees
compensation provided for in subsection (1) and fees, actual and necessary travel expenses, as defined and provided in
2-18-501 through 2-18-503, when on official business to a county of the reporter's judicial district other than the county in
which the reporter resides. The expenses must be apportioned and are payable in the same way as the salary are payable as
provided in subsection (2)."
Section 16. Section 3-5-604, MCA, is amended to read:
"3-5-604. Transcript Court reporters -- transcript of proceedings -- costs. (1) Each court reporter shall furnish,
upon request, with all reasonable diligence, to a party or a party's attorney in a case in which the court reporter has attended
the trial or hearing a transcript from stenographic notes of the testimony and proceedings of the trial or hearing or a part of a
trial or hearing upon payment by the person requiring the transcript of $2 a page for the original transcript, 50 cents a page
for the first copy, and 25 cents a page for each additional copy.
(2) If the court reporter is not entitled to retain transcription fees under 3-5-601, the transcription fees required by subsection (1) must be paid to the clerk of district court who shall forward the amount to the state treasurer for deposit in the state general fund.
(2)(3) If the county attorney, attorney general, or judge requires a transcript in a criminal case, the reporter is entitled to
the reporter's fees for the transcript, but the reporter shall furnish it. Upon furnishing it, the reporter must receive a
certificate for the sum to which the reporter is entitled. The reporter shall submit the certificate to the supreme court
administrator who, in accordance with 3-5-902, is responsible for the prompt payment of all or a portion of the amount due
the reporter. If the state, in accordance with 3-5-902, pays none or only a portion of the amount due, the county shall pay
the balance upon receipt of a statement from the reporter. The transcription fee must be paid by the state as provided in
3-5-901.
(3)(4) If the judge requires a copy in a civil case to assist in rendering a decision, the reporter shall furnish the copy
without charge. In civil cases, all transcripts required by the county must be furnished, and only the reporter's actual costs of
preparation may be paid by the county.
(4)(5) If it appears to the judge that a defendant in a criminal case or a parent or guardian in a proceeding brought
pursuant to Title 41, chapter 3, part 4 or 6, is unable to pay for a transcript, it must be furnished to the party and paid for by
the state in the manner provided in subsection (2) to the extent funds are available. The county shall pay the remainder as
required as provided in 3-5-901."
Section 17. Section 3-5-901, MCA, is amended to read:
"3-5-901. State assumption of certain district court expenses -- designation as district court reimbursement
program. (1) To the extent that revenue is available under 61-3-509, the There is a state-funded district court program.
Under this program, the state shall fund:
(a) the following district court expenses in criminal cases only:
(i) salaries of court reporters;
(ii) fees for transcripts of proceedings;
(iii) witness fees and necessary expenses;
(iv) juror fees;
(v) expenses for indigent defense; and
(vi) expenses for psychiatric examinations; all district court costs, except as provided in subsection (2). These costs
include but are not limited to:
(a) salaries and benefits for:
(i) district court judges;
(ii) law clerks;
(iii) court reporters, as provided in 3-5-601;
(iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and
(v) other employees of the district court;
(b) in criminal cases, fees for transcripts of proceedings, as provided in 3-5-604, witness fees and necessary expenses, juror fees, and expenses for psychiatric examinations;
(b)(c) the district court expenses, as listed in subsection (1)(a), in all postconviction proceedings held pursuant to Title
46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those
proceedings;
(c)(d) the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a
conviction or of a sentence:
(i) transcript fees;
(ii) witness fees; and
(iii) expenses for psychiatric examinations; and
(d)(e) the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that
seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child
legal relationship and permanent custody:
(i) transcript fees;
(ii) witness fees;
(iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation;
(iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and
(v) expenses for appointed counsel for the youth;
(vi) expenses for appointed counsel for the parent, guardian, or other person having physical or legal custody of the
youth; and
(vii)(v) expenses associated with court-ordered alternative dispute resolution;
(f) costs of juror and witness fees and witness expenses before a grand jury;
(g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a);
(h) all district court expenses associated with civil jury trials if those expenses were paid out of the district court budget in fiscal year 1998 or fiscal year 1999; and
(i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors, costs of the youth court and youth division offices, and costs of training for persons listed in subsections (1)(a)(i) through (1)(a)(v), but excluding the cost of providing district court office, courtroom, and other space as provided in [section 2].
(2) If revenue received under 61-3-509 exceeds the amount appropriated by the legislature to fund the expenses of the
appellate defender program, the excess amount is statutorily appropriated, as provided in 17-7-502, to the supreme court to
fund the expenses described in subsections (1)(a) through (1)(d), the district court grant program as described in subsection
(4)(a), and the costs of administering this section.
(3) All revenue disbursed under this section must be deposited in and credited to the district court fund. If a district
court fund does not exist, the revenue must be deposited in the county general fund for district court operations.
(4) If money appropriated for the expenses listed in subsection (1):
(a) exceeds the amount necessary to fully fund those expenses, the remaining excess amounts must be used for district
court grants as provided in 7-6-2352; or
(b) is insufficient to fully fund those expenses, the county is responsible for payment of the balance.
(2) For the purposes of subsection (1), district court costs do not include:
(a) one-half of the salaries of county attorneys;
(b) salaries of deputy county attorneys;
(c) salaries of employees and expenses of the office of county attorney;
(d) costs for clerks of district court and employees and expenses of the office of the clerks of district court; or
(e) costs of providing district court office space.
(3) In addition to the costs assumed under the state-funded district court program, as provided in subsection (1), the state shall fund[:
(a)] the expenses of the appellate defender program. These costs must be allocated to and paid by the appellate defender program.
[(b) district court expenses related to involuntary commitment proceedings and youth court proceedings in an annual amount not to exceed the district court expense for those proceedings in fiscal year 2001 plus a 3% growth factor each year. Any amount that exceeds the district court expense for those proceedings is the responsibility of the county.]
(4) (a) In addition to the costs assumed under the state-funded district court program, as provided in subsection (1), the state shall reimburse counties:
(i) in district court criminal cases only, expenses for indigent defense; and
(ii) in proceedings under subsection (1)(e):
(A) expenses for appointed counsel for the youth; and
(B) expenses for appointed counsel for the parent, guardian, or other person having physical or legal custody of the youth.
[(b) If money appropriated for the expenses listed in subsection (4)(a) is insufficient to fully fund those expenses, the county is responsible for payment of the balance.]"
Section 18. Section 3-5-902, MCA, is amended to read:
"3-5-902. Fiscal administration for payment of court expenses. The supreme court administrator shall:
(1) establish procedures for disbursement of funds for payment of district court expenses listed in 3-5-901, including
prorating of those funds if they are insufficient to cover all expenses listed in 3-5-901; and
(2) require the use of a uniform accounting system in accordance with 2-7-504 by the counties in reporting court
expenses at a detailed level for budgeting and auditing purposes and record payments at a detailed level for budgeting and
auditing purposes."
Section 19. Section 3-15-204, MCA, is amended to read:
"3-15-204. Duties of clerk as to jurors. (1) The clerk must shall keep a record of the attendance of jurors and compute
the amount due for mileage. The distance from any point to the county seat must be determined by the shortest traveled
route.
(2) The clerk must shall give to each juror, at the time he that the juror is excused from further service, a warrant signed
by himself the clerk, in which must be stated the name of the juror, the number of days' attendance, the number of miles
traveled, and the amount due.
(3) On presentation of such warrant to the county treasurer, the The amount specified in the warrant must be paid out of
the general fund unless the county has a district court fund. If the county has a district court fund, the amount must be paid
out of such fund by the state as provided in 3-5-901 and 3-5-902.
(4) The clerk must make a detailed statement containing a list of the jurors and the amount of fees and mileage earned
by each and file the same with the clerk of the board of county commissioners on the first day of every regular meeting of
the board. No quarterly salary must be paid the clerk until such statement is filed. The board must examine such statement
and see that it is correct."
Section 20. Section 3-15-205, MCA, is amended to read:
"3-15-205. Costs of impaneling jury. (1) In a civil action before a court of record in which the parties substantially agree to a settlement of the issues prior to impanelment of the jury and either settle the action or stipulate to a continuance and then fail or refuse to inform the court or clerk of court of the settlement or request a continuance and a jury is impaneled, the court may, upon hearing, assess the reasonable public expenses of impaneling the jury, including jury fees and mileage expenses paid or owing under 3-15-201, against any party.
(2) In civil actions, the court may assess against a party the reasonable public expenses of impaneling a jury, including jury fees and mileage expenses paid or owing under 3-15-201, if the court on an issue of law or the jury on an issue of fact determines that the party's case is frivolous or maintained for purposes of harassment. The court shall instruct the jury regarding the provisions of this subsection.
(3) Costs collected under this section must be deposited in the county general fund unless the county has a district court
fund. If the county has a district court fund, the costs must be deposited in the district court fund forwarded to the state
treasurer for deposit in the state general fund."
Section 21. Section 7-6-2324, MCA, is amended to read:
"7-6-2324. Limitations on appropriations after budget adopted -- exception. (1) The estimates of expenditures, itemized and classified as required in 7-6-2313 and 7-6-2314 and as finally fixed and adopted and as may be amended as provided in 7-6-2320 by the board of county commissioners, constitutes the appropriations for the county for the fiscal year intended to be covered by the estimates.
(2) Except as provided in 3-5-404, 7-6-2325, and 7-31-2101, the county commissioners and every other county official,
including judges of the district court, is are limited in the making of expenditures or incurring of liabilities to the amount of
the detailed appropriations and classifications, respectively.
(3) This section does not apply to a county that has adopted the alternative accounting method provided for in Title 7, chapter 6, part 6."
Section 22. Section 7-6-2426, MCA, is amended to read:
"7-6-2426. Enumeration of county charges. (1) The following are county charges:
(1)(a) charges incurred against the county by virtue of any provision of this title;
(2)(b) one-half of the salary of the county attorney and all expenses necessarily incurred by him the county attorney in
criminal cases arising within the county, except as provided in subsection (2);
(3)(c) the salary and actual expenses for traveling, when on official duty, allowed by law to sheriffs and the
compensation allowed by law to constables for executing process on persons charged with criminal offenses;
(4)(d) the board of prisoners confined in jail;
(5)(e) the accounts of the coroner of the county for such services as that are provided by law;
(6)(f) all charges and accounts for services rendered by any justice of the peace for services in the examination or trial
of persons charged with crime as provided for by law;
(7)(g) the necessary expenses incurred in the support of county hospitals and poorfarms and in the support of the
indigent sick and the otherwise dependent poor whose support is chargeable to the county;
(8)(h) the contingent expenses necessarily incurred for the use and benefit of the county;
(9)(i) every other sum directed by law to be raised for any county purpose under the direction of the board of county
commissioners or declared to be a county charge.
(2) The costs of subsection (1)(b) arising from the criminal prosecution of escape or of an offense committed in the state prison must be paid by the department of corrections as provided in 53-30-110."
Section 23. Section 7-6-2511, MCA, is amended to read:
"7-6-2511. County levy for district certain court expenses. (1) Subject to 15-10-420, the governing body of each
county may each year levy and collect a tax on the taxable property of the county for all certain district court costs, except
those listed in 3-5-211, 3-5-213, and 3-5-215 as provided in subsection (2). The tax may not exceed 6 mills in the first- and
second-class counties, 5 mills in third- and fourth-class counties, and 4 mills in fifth-, sixth-, and seventh-class counties.
District court costs
(2) District court costs for which a tax may be levied under subsection (1) are the:
(a) costs of the office of the clerk of district court;
(b) costs of providing office, courtroom, and other space for district court operations under [section 2]; and
(c) contracted costs of supplementing a district court budget, as provided in [section 3], if incurred in the discretion of the county commissioners.
(3) Costs of the office of the clerk of district court include but are not limited to salary and benefits for court clerks,
court reporters, youth probation officers clerks of district court, deputy clerks of district court, and other employees of the
office of the clerk of district court and expenses of the office.
(4) If remaining funds are available after paying the costs provided for in subsection (2), the county commissioners, in their discretion, may use the remaining funds to pay the expenses of the office of county attorney.
(5) This section may not be construed as a limitation on the authority or ability of a county or district court to apply for, receive, or administer grants from state, federal, or private funds."
Section 24. Section 17-7-502, MCA, is amended to read:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203;
10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-31-702; 15-34-115; 15-35-108; 15-36-324; 15-37-117;
15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-406; 16-1-411; 17-3-106; 17-3-212; 17-3-222; 17-6-101; 17-7-304;
18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 20-8-107;
20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 37-43-204;
37-51-501; 39-71-503; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 53-6-703; 53-24-206; 67-3-205; 75-1-1101; 75-5-1108;
75-6-214; 75-11-313; 77-1-505; 80-2-222; 80-4-416; 80-11-518; 81-5-111; 82-11-161; 87-1-513; 90-3-1003; 90-6-710; and
90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; pursuant to Ch. 422, L. 1997, the inclusion of 15-1-111 terminates on July 1, 2008, which is the date that section is repealed; pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 4, Ch. 497, L. 1999, the inclusion of 15-38-202 terminates July 1, 2014; and pursuant to sec. 10(2), Ch. 10, Sp. L. May 2000, the inclusion of 15-35-108 and 90-6-710 terminates June 30, 2005.)"
Section 25. Section 22-1-504, MCA, is amended to read:
"22-1-504. Duties of librarian -- library staff state employees. (1) The librarian shall develop and maintain an adequate collection and services to fulfill the needs of library users and shall establish procedures for the maintenance and control of the collection.
(2) The members of the staff of the state law library, except the librarian, are employees of the judicial branch of state government, are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under [section 1], and must receive state employee benefits and expenses as provided in Title 2, chapter 18."
Section 26. Section 25-1-201, MCA, is amended to read:
"25-1-201. Fees of clerk of district court. (1) The clerk of the district court shall collect the following fees:
(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff or petitioner, $90; for filing a complaint in intervention, from the intervenor, $80; for filing a petition for dissolution of marriage, $160; for filing a petition for legal separation, $150; and for filing a petition for a contested amendment of a final parenting plan, $120;
(b) from each defendant or respondent, on appearance, $60;
(c) on the entry of judgment, from the prevailing party, $45;
(d) for preparing copies of papers on file in the clerk's office, 50 cents a page for the first five pages of each file, for each request, and 25 cents for each additional page;
(e) for each certificate, with seal, $2;
(f) for oath and jurat, with seal, $1;
(g) for a search of court records, 50 cents for each year searched, not to exceed a total of $25;
(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the fee for entry of judgment provided for in subsection (1)(c);
(i) for issuing an execution or order of sale on a foreclosure of a lien, $5;
(j) for transmission of records or files or transfer of a case to another court, $5;
(k) for filing and entering papers received by transfer from other courts, $10;
(l) for issuing a marriage license, $30;
(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative or the filing of a petition for the appointment of a guardian or conservator, from the applicant or petitioner, $70, which includes the fee for filing a will for probate;
(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the estate of a nonresident decedent, $55;
(o) for filing a declaration of marriage without solemnization, $30;
(p) for filing a motion for substitution of a judge, $100;
(q) for filing a petition for adoption, $75.
(2) Except as provided in subsections (3) through (11) and (5) through (7), 32% of all fees collected by the clerk of the
district court must be deposited in and credited to the district court fund. If no district court fund exists, that portion of the
fees must be deposited in the general fund for district court operations. The remaining portion of the fees must be remitted
to forwarded to the state treasurer for deposit in the state general fund.
(3) In the case of a fee collected for issuing a marriage license or filing a declaration of marriage without solemnization,
$23.60 must be deposited in and credited to the state general fund and $6.40 must be deposited in and credited to the county
general fund.
(4)(3) (a) Of the fee for filing a petition for dissolution of marriage, $75 must be deposited in the state general fund, $5
must be deposited in the children's trust fund account established in 41-3-702, $9 must be deposited in the civil legal
assistance for indigent victims of domestic violence account established in 3-2-714, and $30 must be deposited in the
partner and family member assault intervention and treatment fund established in 40-15-110, and $21 must be deposited in
and credited to the district court fund. If no district court fund exists, the $21 must be deposited in the general fund for
district court operations.
(b) Of the fee for filing a petition for legal separation, $75 must be deposited in the state general fund, $5 must be
deposited in the children's trust fund account established in 41-3-702, and $30 must be deposited in the partner and family
member assault intervention and treatment fund established in 40-15-110, and $20 must be deposited in and credited to the
district court fund. If no district court fund exists, the $20 must be deposited in the general fund for district court
operations.
(5) (a) Before the percentages contained in subsection (2) are applied and the fees deposited in the district court fund or
the county general fund or remitted to the state, the clerk of the district court shall deduct from the following fees the
amounts indicated:
(i) at the commencement of each action or proceeding and for filing a complaint in intervention, as provided in
subsection (1)(a), $35;
(ii) from each defendant or respondent, on appearance, as provided in subsection (1)(b), $25;
(iii) on the entry of judgment, as provided in subsection (1)(c), $15; and
(iv) from the applicant or petitioner, on the filing of an application for probate or for the appointment of a personal
representative or on the filing of a petition for appointment of a guardian or conservator, as provided in subsection (1)(m),
$15.
(b) The clerk of the district court shall deposit the money deducted in subsection (5)(a) in the county general fund for
district court operations unless the county has a district court fund. If the county has a district court fund, the money must
be deposited in that fund.
(6) The fee for filing a motion for substitution of a judge, as provided in subsection (1)(p), must be remitted to the state
general fund.
(7) Fees collected under subsections (1)(d) through (1)(i) must be deposited in the district court fund. If no district court
fund exists, fees must be deposited in the general fund for district court operations.
(8) The clerk of the district court shall remit to the credit of the state general fund $20 of each fee collected under the
provisions of subsections (1)(a) through (1)(c), (1)(m), and (1)(n) to fund a portion of judicial salaries.
(9) (a) The fee for filing a petition for a contested amendment of a parenting plan must be remitted by the clerk of the
district court to the credit of the district court to defray the costs of the court-sanctioned educational program concerning the
effects of dissolution of marriage on children, as required in 40-4-226, and to defray the expense of education when ordered
for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a).
(b)(4) If the moving party files a statement signed by the nonmoving party agreeing not to contest an amendment of a
final parenting plan at the time the petition for amendment is filed, the clerk of the district court may not collect from the
moving party the fee for filing a petition for a contested amendment of a parenting plan under subsection (1)(a).
(10)(5) The clerk of district court shall remit to the credit of the special revenue account established in 42-2-105 $70 of
the filing fee required in subsection (1)(q), and $5 of the filing fee must be deposited in the district court fund. If no district
court fund exists, fees must be deposited in the general fund for district court operations.
(11)(6) Of the fee for filing an action or proceeding, except a petition for dissolution of marriage, $9 must be deposited
in the civil legal assistance for indigent victims of domestic violence account established in 3-2-714 and $1 must be
deposited in and credited to the district court fund for mitigation of administrative costs incurred by the court in the
collection of the fee. If a district court fund does not exist, the $1 must be deposited in the county general fund for district
court operations.
(7) The fees collected under subsections (1)(d), (1)(g), and (1)(j) must be deposited in the county district court fund. If a district court fund does not exist, the fees must be deposited in the county general fund for district court operations."
Section 27. Section 25-1-202, MCA, is amended to read:
"25-1-202. Fee for court reporter Additional filing fee. In addition to other filing fees, a fee of $20 must be paid to
the clerk of the district court at the time of filing a civil action in the district court. The fee must be paid forwarded by the
clerk into the treasury of the county where the action is filed, to be applied to the payment of the salary of the reporter to the
state treasurer for deposit in the state general fund. The prevailing party may have the amount paid by the prevailing party
taxed in the bill of costs as proper disbursements."
Section 28. Section 25-1-1103, MCA, is amended to read:
"25-1-1103. Fee -- duration of certificate. (1) A certificate of registration as a process server must be accompanied by
a fee of $100 at the time the certificate is filed. The fee must be deposited in the county general fund for district court
operations, unless the county has a district court fund. If the county has a district court fund, the fee must be deposited in
that forwarded by the clerk of district court to the state treasurer for deposit in the state general fund.
(2) A certificate of registration is effective for a period of 2 years from the date of filing. A new certificate must be filed upon expiration of a certificate, and a new registration fee must accompany the new certificate."
Section 29. Section 25-9-506, MCA, is amended to read:
"25-9-506. Fees. (1) Except as provided for in subsection (2), a person filing a foreign judgment shall pay to the clerk of court a fee of $60.
(2) A person filing a judgment against a customer of a foreign capital depository, as defined in 32-8-103, shall pay to the clerk of court a fee of $2,500.
(3) Fees for docketing, transcription, or other enforcement proceedings must be as provided for judgments of the district court.
(4) Fees collected by the clerk of district court must be forwarded to the state treasurer for deposit in the state general fund."
Section 30. Section 25-9-804, MCA, is amended to read:
"25-9-804. Filing fee. A person seeking recognition of a foreign judgment rendered in a foreign state against a
customer of the foreign capital depository shall pay a filing fee of $2,500 to the clerk of the court in which the judgment is
filed. Fees collected by the clerk of district court must be forwarded to the state treasurer for deposit in the state general
fund."
Section 31. Section 27-9-103, MCA, is amended to read:
"27-9-103. Filing and costs -- district court. The statement must be filed with the clerk of the court in which the
judgment is to be entered, who shall endorse upon it and enter in the judgment book a judgment of the court for the amount
confessed, with $45 costs. The clerk of the district court shall deposit the fee in the district court fund. If no district court
fund exists, the fee must be deposited in the general fund for district court operations forward the costs to the state treasurer
for deposit in the state general fund."
Section 32. Section 40-4-215, MCA, is amended to read:
"40-4-215. Investigations and reports. (1) If a parent or a court-appointed third party requests, or if the court finds
that a parenting proceeding is contested, the court may order an investigation and report concerning parenting arrangements
for the child. The investigator may be the child's guardian ad litem or other professional considered appropriate by the
court. The department of public health and human services may not be ordered to conduct the investigation or draft a report
unless the person requesting the investigation is a recipient of cash assistance under the temporary assistance for needy
families block grant, FAIM financial assistance, as defined in 53-2-902, food stamps, or public assistance and all
reasonable options for payment of the investigation, if conducted by a person not employed by the department, are
exhausted. The department may consult with any investigator and share information relevant to the child's best interests.
The cost of the investigation and report must be paid according to the final order. The cost of the educational evaluation
under subsection (2)(a) must be paid from the fees for filing petitions for contested amendment of a parenting plan, as
provided in 25-1-201(9) by the state as provided in 3-5-901.
(2) The court shall determine, if appropriate, the level of evaluation necessary for adequate investigation and preparation of the report, which may include one or more of the following:
(a) parenting education;
(b) mediation pursuant to 40-4-301;
(c) factfinding by the investigator; and
(d) psychological evaluation of the parties.
(3) In preparing a report concerning a child, the investigator may consult any person who has information about the child and the child's potential parenting arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. Except as required for children 16 years of age or older, the investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the persons or entities authorized by law to grant or withhold access to the records. The child's consent must be obtained if the child has reached the age of 16 unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (4) are fulfilled, the investigator's report may be received in evidence at the hearing.
(4) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least 10 days prior to the hearing. When consistent with state and federal law, the investigator shall make available to counsel and to any party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (3), and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing. The results of the investigation must be included in the court record and may, without objection, be sealed."
Section 33. Section 40-4-226, MCA, is amended to read:
"40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children. (1) In a proceeding for dissolution of marriage involving a minor child or in a parenting plan proceeding involving a minor child, a court shall inform the parties, excluding the minor child, of available educational programs concerning the effects of dissolution of marriage on children and, if the court finds that it would be in the best interest of the minor child, shall order the parties to attend a court-sanctioned program. The program may be divided into sessions. The program must be educational in nature and may not be designed for individual therapy.
(2) The cost of implementing the court-sanctioned educational program for each district court, provided for in
subsection (1), must be paid from the fees for filing petitions for contested amendment of a parenting plan, provided for in
25-1-201(9) by the state as provided in 3-5-901. Costs may include parenting evaluation and guardian ad litem services."
Section 34. Section 41-5-1701, MCA, is amended to read:
"41-5-1701. Appointment of juvenile probation officers. (1) The youth court judge of each judicial district shall
appoint such necessary probation officers as are required to carry out the purpose and intent of, deputy probation officers,
and part-time probation officers necessary to administer this chapter. He shall appoint such part-time probation officers as
shall be required. The qualifications for part-time probation officers must approximate those required for probation officers
insofar as possible. A chief probation officer must be appointed by the judge to supervise the youth division offices in the
judicial district. The judge shall also insure ensure that the youth division offices are staffed with necessary office personnel
and that the offices are properly equipped to effectively carry out the purpose and intent of this chapter. No A person while
serving as a law enforcement officer may not be appointed or perform the duties of a full-time or part-time probation
officer.
(2) All probation officers and youth division office staff hired or appointed under subsection (1) are employees of the judicial branch of state government. The employees are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under [section 1] and must receive state employee benefits and expenses as provided in Title 2, chapter 18."
Section 35. Section 41-5-1702, MCA, is amended to read:
"41-5-1702. Qualifications of probation officers. (1) Any person appointed as a chief probation officer must have the following qualifications:
(a) a master's degree in the behavioral sciences;
(b) a bachelor's degree from an accredited college or university in the behavioral sciences and at least 1 year's experience in work of a nature related to the duties of a probation officer as set forth in 41-5-1703; or
(c) a bachelor's degree in any field and at least 3 years' experience in work related to the duties of a probation officer as set forth in 41-5-1703.
(2) The judge may appoint any reputable person as a probation officer who has had experience in work of a nature
related to the duties of a chief probation officer, provided. However, preference must be given to persons with the
qualifications set forth in subsection (1).
(3) Each person appointed as a chief probation officer or, probation officer under this section, or as a deputy probation
officer under 41-5-1705 must shall obtain 16 hours a year of training in subjects relating to the powers and duties of
probation officers in a program or course conducted by the department of justice or approved by the board of crime control
under 41-5-1706."
Section 36. Section 41-5-1706, MCA, is amended to read:
"41-5-1706. Juvenile probation officer training. (1) The department of justice may conduct a 40-hour juvenile probation officer basic training program and other training programs and courses for juvenile probation officers. A 40-hour juvenile probation officer basic training program and other training programs and courses for juvenile probation officers may be offered by another public agency or by a private entity if the program or course is approved by the board of crime control. If funding is available, the department shall conduct a 40-hour basic training program once a year.
(2) A juvenile probation officer who successfully completes the 40-hour basic training program or another program or course must be issued a certificate by the board.
(3) A juvenile probation officer is entitled to the officer's salary and expenses, as provided in 2-18-501 through
2-18-503, while attending a program or training course and must be paid, by the district court, expenses as provided in
2-18-501. The court shall also pay any program or course registration fee.
(4) The board may adopt rules to implement this section."
Section 37. Section 41-5-1707, MCA, is amended to read:
"41-5-1707. Designation of assessment officers -- qualifications -- salary -- duties. (1) The youth court judge of each
judicial district may appoint and supervise the necessary assessment officers as are required to carry out the purpose and
intent of necessary to administer this chapter. The qualifications for assessment officers must be established by the
appointing judge. Assessment officers are county employees, and assessment officers' salaries must be fixed by the judge.
An assessment officer may work out of the local police department or other local law enforcement office. Assessment
officers appointed under this section are employees of the judicial branch of state government. The employees are subject to
classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under
[section 1] and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
(2) An assessment officer shall perform the duties set out in 41-5-1201 and 41-5-1302.
(3) Proceedings under 41-5-1201 and 41-5-1302 that are held prior to adjudication satisfy the requirements of 20 U.S.C.
1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release
education records to assessment officers. The assessment officer is responsible for ensuring that officials and authorities to
whom such that information is disclosed certify in writing to the school district that is releasing the education records that
the education records or information from the education records will not be disclosed to any other party without the prior
written consent of the parent of the student."
Section 38. Section 42-2-105, MCA, is amended to read:
"42-2-105. Fees for services -- special revenue account -- statutory appropriation. (1) The department shall establish fees that it may charge and that are reasonably related to the cost incurred by the department in completing or contracting for adoption services.
(2) The department may contract with licensed social workers or licensed child-placing agencies for the purposes of completing the preplacement or postplacement evaluation or for providing postplacement supervision.
(3) An agency contracting to perform the services may set and charge a reasonable fee commensurate with the services provided.
(4) There is an adoption services account in the state special revenue fund. The fees collected by the department under
this title and from the district court filing fee pursuant to 25-1-201(1)(q)(5) must be deposited into this account and may be
used by the department for adoption services. The money in the account is statutorily appropriated, as provided in 17-7-502,
to the department."
Section 39. Section 46-8-114, MCA, is amended to read:
"46-8-114. Time and method of payment. When a defendant is sentenced to pay the costs of court-appointed counsel,
the court may order payment to be made within a specified period of time or in specified installments. Payments must be
made to the clerk of the district court. The clerk of the district court shall distribute forward the payments to the government
agency responsible for the expense of court-appointed counsel as provided for in 46-8-201 state treasurer for deposit in the
state general fund."
Section 40. Section 46-8-201, MCA, is amended to read:
"46-8-201. Remuneration of appointed counsel. (1) Whenever in a criminal proceeding an attorney represents or defends any person by order of the court on the ground that the person is financially unable to employ counsel, the attorney must be paid for the services a sum as a judge or justice of the state supreme court certifies to be a reasonable compensation and be reimbursed for reasonable costs incurred in the criminal proceeding.
(2) The expense of implementing subsection (1) is chargeable as provided in 3-5-901 to the county in which the
proceeding arose, must be paid by the state as provided in 3-5-901, or both, except that:
(a) in proceedings solely involving the violation of a city ordinance or state statute prosecuted in a municipal or city court, the expense is chargeable to the city or town in which the proceeding arose; or
(b) when there has been an arrest by agents of the department of fish, wildlife, and parks or agents of the department of justice and the charge is prosecuted by personnel of the state agency that made the charge, the expense must be borne by the prosecuting state agency."
Section 41. Section 46-8-202, MCA, is amended to read:
"46-8-202. Public defender's office. Any county through its board of county commissioners may provide for the
creation of a public defender's office and the appointment of a salaried public defender and such assistant public defenders
as that may be necessary to satisfy the legal requirements in providing counsel for defendants unable to employ counsel.
The costs of such the office shall must be at state expense payable according to procedures established under 3-5-902(1)
3-5-901(4) and, to the extent those costs are not paid by the state, at county expense in accordance with 3-5-901(3)(4) and
3-5-902(1)."
Section 42. Section 46-11-319, MCA, is amended to read:
"46-11-319. Expenses of grand jury. (1) Except as provided in subsection (2), all expenses of the grand jury,
including expenses for special prosecutors, experts, investigators, and interpreters, if any, must be paid by the county. The
treasurer of the county shall pay the expenses out of the general fund of the county or out of the district court fund, if any,
upon warrants drawn by the county auditor or by the clerk of the district court upon a written order of the judge of the
district court of the county.
(2) If the county has a district court fund, all expenses of a grand jury must be paid out of that fund.
(3)(2) Subject to the procedures established by law, the state shall reimburse the court for The state shall pay the
expenses of juror and witness fees and witness expenses. The county shall deposit the amount reimbursed in its general
fund unless the county has a district court fund. If the county has a district court fund, the amount reimbursed must be
deposited in that fund as provided in 3-5-901 and 3-5-902."
Section 43. Section 46-14-202, MCA, is amended to read:
"46-14-202. Examination of defendant. (1) If the defendant or the defendant's counsel files a written motion requesting an examination or if the issue of the defendant's fitness to proceed is raised by the district court, prosecution, or defense counsel, the district court shall appoint at least one qualified psychiatrist or licensed clinical psychologist or shall request the superintendent of the Montana state hospital to designate at least one qualified psychiatrist or licensed clinical psychologist, which designation may be or include the superintendent, to examine and report upon the defendant's mental condition.
(2) The court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the
examination for a period not exceeding 60 days or a longer period as that the court determines to be necessary for the
purpose and may direct that a qualified psychiatrist or licensed clinical psychologist retained by the defendant be permitted
to witness and participate in the examination.
(3) In the examination, any method may be employed that is accepted by the medical or psychological profession for the examination of those alleged to be suffering from mental disease or defect.
(4) If the defendant is indigent or the examination occurs at the request of the prosecution, the cost of the examination
must be paid by the county or the state, or both, according to procedures established under 3-5-902(1) as provided in
3-5-901."
Section 44. Section 46-14-221, MCA, is amended to read:
"46-14-221. Determination of fitness to proceed -- effect of finding of unfitness -- expenses. (1) The issue of the defendant's fitness to proceed may be raised by the court, by the defendant or the defendant's counsel, or by the prosecutor. When the issue is raised, it must be determined by the court. If neither the prosecutor nor the defendant's counsel contests the finding of the report filed under 46-14-206, the court may make the determination on the basis of the report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon the hearing, the parties have the right to subpoena and cross-examine the psychiatrists or licensed clinical psychologists who joined in the report and to offer evidence upon the issue.
(2) (a) If the court determines that the defendant lacks fitness to proceed, the proceeding against the defendant must be suspended, except as provided in subsection (4), and the court shall commit the defendant to the custody of the director of the department of public health and human services to be placed in an appropriate institution of the department of public health and human services for so long as the unfitness endures.
(b) The institution shall develop an individualized treatment plan to assist the defendant to gain fitness to proceed. The
treatment plan may include a physician's prescription of reasonable and appropriate medication that is consistent with
accepted medical standards. If the defendant refuses to comply with the treatment plan, the institution may petition the
court for an order requiring compliance. The defendant has a right to a hearing on the petition. The court shall enter into the
record a detailed statement of the facts upon which an order is made, and if compliance with the individualized treatment
plan is ordered, the court shall also enter into the record specific findings that the state has proven proved an overriding
justification for the order and that the treatment being ordered is medically appropriate.
(c) The committing court shall, within 90 days of commitment, review the defendant's fitness to proceed. If the court
finds that the defendant is still unfit to proceed and that it does not appear that the defendant will become fit to proceed
within the reasonably foreseeable future, the proceeding against the defendant must be dismissed, except as provided in
subsection (4), and the prosecutor shall petition the court in the manner provided in chapter 20 or 21 of Title 53, chapter 20
or 21, whichever is appropriate, to determine the disposition of the defendant pursuant to those provisions.
(3) If the court determines that the defendant lacks fitness to proceed because the defendant has a developmental
disability as provided in 53-20-102(5), the proceeding against the defendant must be dismissed and the prosecutor shall
petition the court in the manner provided in chapter 20 of Title 53, chapter 20.
(4) The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution that is susceptible to fair determination prior to trial and that is made without the personal participation of the defendant.
(5) The expenses of sending the defendant to the custody of the director of the department of public health and human
services to be placed in an appropriate institution of the department of corrections, of keeping the defendant there, and of
bringing the defendant back are chargeable to payable by the state and payable according to procedures established under
3-5-902(1) as a district court expense."
Section 45. Section 46-15-116, MCA, is amended to read:
"46-15-116. Fees, costs, and expenses. (1) When a person attends before a judge, grand jury, or court as a witness in a
criminal case upon a subpoena, the witness shall must receive the witness fee prescribed by Title 26, chapter 2, part 5. The
court, on motion by either party, may allow additional fees for expert witnesses.
(2) The court may determine the reasonable and necessary expenses of subpoenaed witnesses and order the clerk of the
court to pay the expenses from the appropriate city or county treasury.
(3) When a person is subpoenaed in this state to testify in another state or is subpoenaed from another state to testify in this state, the person must be paid for lodging, mileage or travel, and per diem, the sum equal to that allowed by Title 2, chapter 18, part 5, for each day that the person is required to travel and attend as a witness. If the state where the witness is found has by statutory enactment required that the subpoenaed witness be paid an amount in excess of the amount specified in this section, the witness may be paid the amount required by that state.
(4) According The witness fees, costs, and expenses must be paid by the state according to procedures required by the
supreme court administrator, under 3-5-902, the clerk of the district court shall submit to the administrator a detailed
statement containing a list of witnesses and the amount of expenses paid to each witness by the county. Upon receipt and
verification of the statement, the administrator shall promptly reimburse the designated county for all or a portion of the
witness expenses. The county shall deposit the amount reimbursed in its general fund unless the county has a district court
fund. If the county has a district court fund, the amount reimbursed must be deposited in the district court fund."
Section 46. Section 46-18-235, MCA, is amended to read:
"46-18-235. Disposition of money collected as fines and costs. The money collected by a court as a result of the imposition of fines or assessment of costs under the provisions of 46-18-231 and 46-18-232 must be paid:
(1) by a the clerk of district court to the county general fund of the county in which the court is held, except that:
(a) if the costs assessed include any district court expense listed in 3-5-901, the money collected from assessment of
these costs must be paid to the:
(a) the state treasurer for deposit into the state general fund to the extent that the expenses were paid by the state; and or
(b) if the fine was imposed for a violation of Title 45, chapter 9 or 10, the court may order the money paid into and at
the court's discretion, the drug forfeiture account maintained under 44-12-206 for the law enforcement agency that made the
arrest from which the conviction and fine arose; and
(2) by a justice's court pursuant to 3-10-601."
Section 47. Section 46-18-603, MCA, is amended to read:
"46-18-603. Disposition of fines and forfeitures. All fines and forfeitures collected in any court except city courts
must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred. After such
those costs are paid, the residue remainder, if not paid to a justice's court or otherwise provided by law, must be paid to the
county treasurer of the county in which the court is held and by him credited as provided by law. If the fine or forfeiture is
paid to the county treasurer, at the time of such payment there shall be filed with the county treasurer a complete statement
showing the total of the fine or forfeiture received or incurred with an itemized statement of the costs incurred by the
county in such action. The statement shall give the title of the cause and be subscribed by the person or officer making such
payment forwarded to the state treasurer for deposit in the state general fund."
Section 48. Section 52-6-105, MCA, is amended to read:
"52-6-105. Funding. (1) Revenue from the marriage license fee and the fee collected for filing a declaration of
marriage without solemnization is the primary source of funding for the battered spouses and domestic violence program.
The disposition of the marriage license fee is as established in 25-1-201.
(2) Twenty percent of the operational costs of a battered spouses and domestic violence program must come from the local community served by the program. The local contribution may include in-kind contributions."
Section 49. Section 53-9-104, MCA, is amended to read:
"53-9-104. Powers and duties of division. (1) The division shall:
(a) adopt rules to implement this part;
(b) prescribe forms for applications for compensation;
(c) determine all matters relating to claims for compensation; and
(d) require any person contracting directly or indirectly with an individual formally charged with or convicted of a
qualifying crime for any rendition, interview, statement, book, photograph, movie, television production, play, or article
relating to such the crime to deposit any proceeds paid or owed to the individual under the terms of the contract into an
escrow fund for the benefit of any victims of the qualifying crime and any dependents of a deceased victim, if the individual
is convicted of the crime, to be held for such a period of time as that the division may determine is reasonably necessary to
perfect the claims of the victims or dependents. Deposited proceeds may also be used to pay the costs and attorney fees of
court-appointed counsel for the charged person. Each victim and dependent of a deceased victim is entitled to his actual and
unreimbursed damages of all kinds or $5,000, whichever is greater. Proceeds remaining after payments to victims,
dependents of deceased victims, and the county as reimbursement state for any public defender or any attorney appointed
for the charged person must be deposited in the account established in 53-9-109.
(2) The division may:
(a) request and obtain from prosecuting attorneys and law enforcement officers investigations and data to enable the division to determine whether and the extent to which a claimant qualifies for compensation. A statute providing confidentiality for a claimant's juvenile court records does not apply to proceedings under this part.
(b) request and obtain from a health care provider medical reports that are relevant to the physical condition of a
claimant or from an insurance carrier, agent, or claims adjuster insurance payment information that is relevant to expenses
claimed by a claimant, provided that if the division has made reasonable efforts to obtain from the claimant a release of the
records or information. No civil or criminal liability arises from the release of information requested under this subsection
(2)(b).
(c) subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings, and receive relevant, nonprivileged evidence;
(d) take notice of judicially cognizable facts and general, technical, and scientific facts within its specialized knowledge;
(e) require that law enforcement agencies and officials take reasonable care that victims be informed about the existence of this part and the procedure for applying for compensation under this part; and
(f) establish a victims' assistance coordinating and planning program."
Section 50. Section 61-3-509, MCA, is amended to read:
"61-3-509. Disposition of taxes. (1) All registration fees imposed by 61-3-561 from light vehicles, all registration fees imposed by 61-3-522 from motor homes, all fees in lieu of tax imposed by 61-3-527 from motorcycles and quadricycles, and all fees imposed by 61-3-529 from buses, motor vehicles having a manufacturer's rated capacity of more than 1 ton, and truck tractors, for which a license is sought and an original application for title that includes a manufacturer's statement of origin is made, must be remitted to the state treasurer every 30 days. The state treasurer shall credit the payments to the highway restricted state special revenue account.
(2) Except as provided in subsections (1) and (3), the county treasurer shall, after deducting the district court fee, credit all taxes on motor vehicles, registration fees on light vehicles, and fees in lieu of tax on motorcycles, quadricycles, motor homes, travel trailers, campers, trailers, pole trailers, semitrailers, buses, trucks having a manufacturer's rated capacity of more than 1 ton, and truck tractors collected under 61-3-521, 61-3-527, 61-3-529, 61-3-537, and 61-3-560 through 61-3-562 to a motor vehicle suspense fund. At some time between March 1 and March 10 of each year and every 60 days after that date, the county treasurer shall distribute the money in the motor vehicle suspense fund. Except for registration fees collected under 61-3-560 through 61-3-562, the county treasurer shall distribute the money in the fund in the relative proportions required by the levies for state, county, school district, and municipal purposes in the same manner as personal property taxes are distributed. For money in the fund collected under 61-3-527 and 61-3-560 through 61-3-562, the county treasurer shall disregard the statewide mills levied for the university system, county elementary and high school equalization under 20-9-331 and 20-9-333, the mills levied for state equalization aid under 20-9-360, and the mills levied for state assumption of public assistance under 53-2-813 in determining distribution proportions of the money and may not distribute money collected under 61-3-527 and 61-3-560 through 61-3-562 to the state for those levies.
(3) The county treasurer shall deduct as a district court fee 10% of the amount of the registration fee collected on light
vehicles under 61-3-560 through 61-3-562. The county treasurer shall credit the fee for district courts to a separate suspense
account and shall forward the amount in the account to the state treasurer at the time that the county treasurer distributes
money from the motor vehicle suspense fund. The state treasurer shall credit amounts received under this subsection to the
state special revenue general fund to be used for purposes of state funding of district court expenses costs as provided in
3-5-901."
Section 51. Transition. The provisions of 2-15-131 through 2-15-137 apply to [this act].
Section 52. Repealer. (1) Sections 3-5-404, 3-5-903, 7-6-2352, 7-6-2427, 7-6-2428, 25-2-205, 41-5-1704, and 41-5-1705, MCA, are repealed.
(2) Section 3-5-404, MCA, is repealed.
Section 53. Codification instruction. (1) [Sections 1 through 3] are intended to be codified as an integral part of Title 3, chapter 1, part 1, and the provisions of Title 3, chapter 1, part 1, apply to [sections 1 through 3].
(2) [Sections 4 through 8] are intended to be codified as an integral part of Title 3, chapter 1, and the provisions of Title 3, chapter 1, apply to [sections 4 through 8].
Section 54. Coordination instruction. (1) If House Bill No. 124 is not passed and approved, then [sections 1 through 51, 53, 55 through 62, 64, and 65 of this act] are void and [section 52 of this act] is amended to read:
"NEW SECTION. Section 52. Repealer. Section 3-5-404, MCA, is repealed."
(2) If Senate Bill No. 144 and [this act] are both passed and approved, then 61-3-509(3) in [this act] is amended to read:
"(3) The county treasurer shall deduct as a district court fee 10% of the amount of the registration fee collected on light
vehicles under 61-3-560 through 61-3-562. The county treasurer shall credit the fee for district courts to a separate suspense
account and shall forward the amount in the account to the state treasurer department of revenue at the time that the county
treasurer distributes money from the motor vehicle suspense fund. The state treasurer department of revenue shall credit
amounts received under this subsection to the state special revenue general fund to be used for purposes of state funding of
district court expenses costs as provided in 3-5-901."
(3) If House Bill No. 62 and [this act] are both passed and approved, then House Bill No. 62 is void.
(4) If Senate Bill No. 66 and [this act] are both passed and approved, then 3-5-901(2)(a) in [this act] is amended to read:
"(2) For the purposes of subsection (1), district court costs do not include:
(a) the percentage of the salaries of county attorneys payable by counties under 7-4-2503;".
(5) If Senate Bill No. 386 and [this act] are both passed and approved, then 52-5-109(1) in Senate Bill No. 386 is amended to read:
"(1) The expenses of committing a youth to the department or to the youth court must be borne by the committing youth court."
Section 55. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 56. District court council -- implementation of staggered terms. (1) The members of the district court council, other than the chief justice of the supreme court or the designee of the chief justice, must be elected or appointed as follows:
(a) one district court judge and juvenile probation officer to terms that begin July 1, 2001, and expire June 30, 2004;
(b) one district court judge and clerk of district court to terms that begin July 1, 2001, and expire June 30, 2003;
(c) two district court judges, a county commissioner, and a court reporter to terms that begin July 1, 2001, and expire June 30, 2002.
(2) After expiration of the original terms established by this section, the succeeding terms must be 3-year terms.
Section 57. Transition -- transfer of county employees to state employment -- preservation of rights. (1) District court employees who are employed by the county on June 30, 2002, and who are transferred to state employment by [this act] become state employees on July 1, 2002, except for purposes of application of the judiciary branch personnel plan, as provided in [section 63].
(2) The compensation of former county employees who become state employees under [this act] may not be impaired. This subsection does not preserve the right of any former county employee to any salary or compensation, including longevity benefits, that was payable while the employee was employed by the county and that was not accrued and payable as of June 30, 2002.
(3) An employee who is transferred from county employment to state employment under [this act] may elect to become a member of the state employee benefit plan on July 1, 2002, or remain on the employee's county benefit plan through the remainder of the plan year in effect on June 30, 2002. For an employee who elects to remain on a county benefit plan, the monthly state contribution toward insurance benefits must be transferred to the county benefit plan. Any benefit costs in excess of the state contribution must be paid by the employee.
(4) Accumulated sick and vacation leave and years of service with a county must be transferred fully to the state as of July 1, 2002, and become an obligation of the state at that time. Any liability for accumulated compensatory time of employees who are transferred from county employment to state employment under [this act] is not transferred to the state and remains an obligation of the county that employed the employee prior to the transfer, subject to federal law and the county's personnel policies.
(5) The state becomes a successor employer with regard to any collective bargaining agreement existing on July 1, 2002, that prior to July 1, 2002, covered any employee transferred from county employment to state employment by [this act]. The responsibilities and obligations of the parties to an agreement to which the state becomes a successor employer must, as applied to a transferred employee, continue until the expiration date of the agreement.
(6) In the development of a plan of personnel administration for employees of the judicial branch, the supreme court may recognize an appropriate bargaining unit.
Section 58. Rights to property. A district court that becomes state-funded under [this act] retains the rights to all personal property relating to the functions of the court. The property includes records, office equipment, computer equipment, supplies, contracts, books, papers, documents, maps, grant and earmarked account balances, vehicles, and all other similar property. However, the district court may not use or divert money in a fund or account for a purpose other than as provided by law. The county commission and the court administrator shall resolve any conflict as to the proper disposition of property. There is no appeal from the decision of the administrator and county commission regarding disposition of property under this section. This section does not apply to property owned by the federal government.
Section 59. Transition -- delayed application of judicial branch personnel plan -- salaries for FY 2003. (1) All judicial branch employees, including district court employees, become subject to the judiciary branch personnel plan adopted by the supreme court, as required by [section 1], on July 1, 2003.
(2) During fiscal year 2003, each district court employee who was a former county employee and who becomes a state employee under [this act] is entitled to the person's salary and compensation, including longevity payments, that the person is entitled to on June 30, 2002. In addition, the person is entitled to an increase equal to the average pay increase for judicial branch employees if any pay increase is granted for fiscal year 2003.
(3) An employee's compensation may not be reduced by transfer to the judicial branch personnel plan. If application of the judicial branch personnel plan would reduce an employee's compensation, the employee shall remain at the compensation earned at the time of transfer until compensation under the plan requires an increase in the employee's compensation.
Section 60. Transition -- purchase of court reporters' equipment. The state may:
(1) during fiscal year 2003, on a one-time basis, offer to purchase reporting and transcription equipment from a court reporter who becomes a state employee under 3-5-601(2)(a); or
(2) offer to purchase the equipment of a court reporter who becomes a state employee under 3-5-601(2)(b) under guidelines adopted by the supreme court and recommended by the district court council under [section 5].
Section 61. Guarantee share. (1) (a) For fiscal year 2003, the district court council shall calculate each judicial district's fixed budget component and variable budget component. The council shall determine the statewide percentage that the statewide district court fixed budget component is to the statewide total district court budget. The council shall take that percentage of the total district court appropriation and allocate that percentage among each judicial district in proportion to each judicial district's fixed budget component of the total district court fixed budget component.
(b) The remainder of the district court appropriation after the allocations required by subsection (1)(a) is the variable budget. The variable budget must be allocated during the year among the judicial districts based upon caseload need and other factors as determined by the district court council.
(2) As used in this section:
(a) "fixed budget component" means a district court's costs that are not variable with caseload based on the fiscal year 1999 FTEs and estimated vacancy savings, plus estimated costs associated with the three judgeships created by Chapter 454, Laws of 1999, and related operating costs, including but not limited to salaries for permanent employees of the court and the costs of contracted professional services.
(b) "variable budget component" means a district court's costs that are variable with caseload, including but not limited to witness fees and necessary expenses, juror fees, and indigent defense costs.
Section 62. Direction to district court council. The district court council provided for in [section 5] shall address any inequities in disbursements of district court expenses for involuntary commitment proceedings and youth court proceedings and shall present to the 58th legislature a proposal to enumerate specific expenses of those proceedings that are recommended to be designated as district court expenses in 3-5-901.
Section 63. Effective dates. (1) [Sections 21, 52(2), 53 through 55, 64, and 65 and this section] are effective on passage and approval.
(2) [Sections 1, 4 through 8, and 62] are effective July 1, 2001.
(3) [Sections 2, 3, 9 through 20, 22 through 51, 52(1), and 56 through 61] are effective July 1, 2002.
Section 64. Applicability. The judiciary branch personnel plan adopted under [section 1] applies to fiscal years beginning July 1, 2003.
Section 65. Termination. [Section 62] and the bracketed language in 3-5-901(3) and (4) terminate June 30, 2003.
- END -
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