HOUSE BILL NO. 65

INTRODUCED BY AHNER C

BY REQUEST OF THE DEPARTMENT OF CORRECTIONS

A BILL FOR AN ACT ENTITLED: "AN ACT EXTENDING THE INTERVENTION IN DELINQUENCY PILOT PROGRAM; AUTHORIZING THE DEPARTMENT OF CORRECTIONS TO CREATE UP TO 10 ADDITIONAL ACCOUNTS FOR JUDICIAL DISTRICTS, WHICH MAY BE USED TO DEVELOP THE INCREMENTAL COSTS SCALE; AMENDING SECTIONS 73 AND 82, CHAPTER 550, LAWS OF 1997; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 73, Chapter 550, Laws of 1997, is amended to read:

"Section 73. Intervention in delinquency pilot program -- department study of youth placement costs -- development of incremental scale -- report to legislature -- department responsibilities. (1) The department of corrections may conduct a pilot project, the results of which may be used as the basis for developing the incremental costs scale provided for in subsection (3). As a part of the pilot project, the department may identify each judicial district as a high-spending district, an average-spending district, or a low-spending district for youth placements. The department may analyze each category of district and identify the reasons for the spending characteristics in each category of district, such as types of youth, types of crimes committed, effectiveness of programs (including but not limited to the rates of recidivism), community sentiment, availability or lack of availability of placements, length of stay in placements, and case management. The department may target the high-spending districts and work with them in identifying and creating appropriate, lower-cost, and less restrictive placements.

(2) The department may create an account for a high-spending rural judicial district and a high-spending urban judicial district that is based on expenditures for fiscal year 1996 and fiscal year 1997 and may credit each with a proportion of appropriated placement funds. In fiscal year 1998 and fiscal year 1999, the department may create accounts for up to 10 additional judicial districts of which at least 2 judicial districts must have a historically high ratio of adjudication to secure commitment, as determined by the past 3 years of those judicial districts' commitment histories. The proportionate share of the appropriations must be based on the types of youth, types of placements, youth population from 10 to 18 years of age, and a measure of the youth crime rate. The department may work with the regional supervisor, the chief juvenile probation officer, and the youth placement committees in the respective judicial districts to educate them regarding their allocation, to identify all potential placements and funding sources, and to consider the lowest-cost option that is in the best interests of the youth, the victim, and the safety of the community.

(3) The department may study the expenditures for placements for youth offenders for the fiscal years 1996, 1997, 1998, 1999, and 2000 and develop an incremental costs scale for the purposes of developing a system to charge each judicial district account with the costs of a placement and to credit a judicial district account for using the least restrictive placements and developing community-based programs. The proportional share allocated to each judicial district must be based on the types of youth, types of placements, youth population from 10 to 18 years of age, and a measure of the youth crime rate.

(4) If the department conducts a pilot program under this section, the department shall present a proposal to the 57th legislature that includes the following elements:

(a) The information gathered from the pilot program, as provided in subsections (2) and (3), must be used in the development of the incremental costs scale.

(b) There must be a recommendation for a method to return any balance remaining at the end of a fiscal year to the judicial districts for the explicit purposes of developing additional community programs for youth court purposes.

(c) The assumptions in subsection (5) must be incorporated as a part of the proposed incremental costs scale.

(d) There must be a recommendation and justification for whether to include the state youth correctional facilities and correctional facilities and programs operated by the department in the incremental costs scale.

(5) For purposes of a pilot program, the department shall assume that the department is responsible for:

(a) the payment of residential and treatment costs for adjudicated youth placed in an out-of-home residence or committed to the department for purposes of funding a private residential placement under 41-5-523 or [section 34];

(b) all placement costs of a youth adjudicated in youth court for an offense listed in 41-5-206;

(c) education costs as provided in 20-5-323 and Title 20, chapter 7, part 4; and

(d) treatment costs that are over and above the costs of treatment for which the:

(i) youth is qualified under the public mental health system and medicaid; and

(ii) parent or guardian has third-party coverage.

(6) If the department conducts a pilot program under this section, the department shall prepare a summary of the results of the study and report to the 57th legislature."

Section 2. Section 82, Chapter 550, Laws of 1997, is amended to read:

"Section 82. Termination. [Section 73] terminates December 31, 2000."

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 4. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to all occurrences after January 1, 1999.

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