Senate Bill No. 172

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act revising the state grants for youth detention services to a reimbursement system; revising the definition of "youth detention service"; including evaluations as reimbursable costs; clarifying a regional detention facility's transportation responsibilities; amending sections 41-5-1001, 41-5-1002, 41-5-1003, 41-5-1004, and 41-5-1008, MCA; repealing section 41-5-1005, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 41-5-1001, MCA, is amended to read:

"41-5-1001.   Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1)  "Attendant care" means the direct supervision of youth by a trained attendant in a physically unrestricting setting.

(2)  "Board" means the board of crime control provided for in 2-15-2006.

(3)  "County" means a county, a city-county consolidated government, or a youth detention region created pursuant to 41-5-812.

(4)  "Home detention" means the use of a youth's home for the purpose of ensuring the continued custody of the youth pending adjudication or final disposition of his the youth's case.

(5)  "Plan" means a county plan for providing youth detention services as required in 41-5-1003.

(6)  "Secure detention" means the detention of youth in a physically restricting facility designed to prevent a youth from departing at will.

(7)  "Youth detention service" means service for the detention of youth in facilities separate from adult jails that provide physical separation, as well as sight and sound separation, from adults accused or convicted of criminal offenses. The term includes the services described in 41-5-1002."

Section 2.  Section 41-5-1002, MCA, is amended to read:

"41-5-1002.   State grants to funding to counties. (1) Within the limits of available funds, the board shall provide grants funding in accordance with 41-5-1003 through 41-5-1005 and 41-5-1004 to assist counties in establishing and operating youth detention services, including but not limited to youth detention facilities, short-term detention centers, holdovers, attendant care, home detention, and programs for the transportation of youth to regional detention facilities, and evaluations.

(2)  Grants Funding available under subsection (1) consist consists of state appropriations and federal funds received by the board for the purpose of administering 41-5-1001 through 41-5-1005 41-5-1004."

Section 3.  Section 41-5-1003, MCA, is amended to read:

"41-5-1003.   Application for grants reimbursements -- county plans -- obligation of counties receiving grants funds -- review and monitoring. (1) In order to receive funds under 41-5-1002, a county shall submit an application and receipts for costs incurred to the board in a manner and form prescribed by the board.

(2)  The application must include a written plan for providing youth detention services in the county. Each plan must include:

(a)  an assessment of the need for services;

(b)  a description of services to be provided, including alternatives to secure detention; and

(c)  the estimated number of youth who will receive services;

(d)  criteria for the placement of youth in secure detention; and

(e)  a budget describing proposed expenditures for youth detention services.

(3)  If the application and plan are approved by the board, the county may receive a grant reimbursement in the amount provided for in 41-5-1004.

(4)  As a condition of receiving funds under 41-5-1002, each county shall, within a reasonable period of time, comply or substantially comply with state law and policies contained in the Montana Youth Court Act concerning the detention and placement of youth.

(5)  The board shall periodically review and monitor counties receiving grants funding under 41-5-1002 to assure ensure compliance or substantial compliance with the Montana Youth Court Act, as required under subsection (4). If, after notice and fair hearing, the board determines that a county is not in compliance or substantial compliance with the Montana Youth Court Act, the board shall terminate the grant funding to the county."

Section 4.  Section 41-5-1004, MCA, is amended to read:

"41-5-1004.   Distribution of grants reimbursements -- limitation of funding -- restrictions on use. (1) The board shall award grants reimburse costs on an equitable basis, giving preference to services that will be used on a regional basis.

(2)  The board shall award grants to reimburse 80% of the costs of eligible counties:

(a)  in a block grant in an amount not to exceed at 50% of the approved, estimated cost of secure detention; or

(b)  on a matching basis in an amount not to exceed:

(i)  at 75% of the approved cost of providing holdovers, attendant care, and other alternatives to secure detention, except for shelter care. Shelter care must be paid as provided by law.

(ii) at 50% of the approved cost of programs for the transportation of youth to appropriate detention or shelter care facilities, including regional detention facilities. The regional detention facility is responsible to provide transportation to and from court appearances while a youth is held in a regional detention facility. The regional detention facility may apply for reimbursement of these transportation costs.

(3)  At fiscal yearend, the board shall review any balances and reimburse counties up to the remaining 20% of the costs as funds allow.

(4) Based on funding available after the board has funded block grants reimbursed costs under subsection (2) (3), the board shall, in cases of extreme hardship in which the transfer of youth court cases to the adult system has placed considerable financial strain on a county's resources, award grants to eligible counties to fund up to 75% of the actual costs of secure detention of youth awaiting transfer. Hardship cases will be addressed at the end of the fiscal year and will be awarded by the board based upon a consideration of the applicant county's past 3 years' expenditures for youth detention and upon consideration of the particular case or cases that created the hardship expenditure for which the hardship grant is requested.

(4)  Grants under 41-5-1002 may not be used to pay for the cost of youth evaluations. The cost of evaluations must be paid as provided for in 41-5-523.

(5) After a county's responsibility for the cost of each evaluation is determined, as provided in 41-5-523, and based upon funding available after the board has reimbursed costs under subsections (2) and (3) of this section and awarded grants under subsection (4) of this section, the board shall reimburse a county up to 75% of the county's actual costs for the costs of youth evaluations. Costs for youth evaluations must be addressed at fiscal yearend."

Section 5.  Section 41-5-1008, MCA, is amended to read:

"41-5-1008.   Rulemaking authority. The board may adopt rules necessary to implement the provisions of 41-5-103(13), 41-5-812, and 41-5-1001 through 41-5-1004, and 41-5-1006 through 41-5-1008."

NEW SECTION. Section 6.  Repealer. Section 41-5-1005, MCA, is repealed.

NEW SECTION. Section 7.  Effective date. [This act] is effective July 1, 1997.