Montana Code Annotated 2014

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     41-5-2012. Allocation to judicial districts from youth court intervention and prevention account -- judicial district plans -- cost containment review -- policies and procedures. (1) (a) At the beginning of each fiscal year, the office of court administrator shall allocate from the youth court intervention and prevention account to each judicial district an amount equal to the unexpended funds from the judicial district's annual allocation for the previous fiscal year under 41-5-130.
     (b) In addition to the amount allocated under subsection (1)(a), at the beginning of each fiscal year, the office of court administrator shall allocate from the youth court intervention and prevention account to all judicial districts the unexpended funds from the cost containment pool transferred from the previous fiscal year under 41-5-132. The office shall allocate the funds according to the formula that was used to determine the judicial districts' annual allocations for the previous fiscal year under 41-5-130.
     (2) Upon approval of the youth court judge, a judicial district may submit a plan to the office of court administrator for approval to expend the amounts allocated to the judicial district under subsection (1) for one or more of the following purposes:
     (a) to establish or expand community prevention and intervention programs and services for youth;
     (b) to provide an alternative method for funding out-of-home placements; and
     (c) to provide matching funds for federal money for intervention and prevention programs that provide direct services to youth.
     (3) Two or more judicial districts may jointly submit a plan to combine any portion of the amounts allocated to the districts under subsection (1) to expend funds on a regional or statewide basis in accordance with subsection (2).
     (4) The cost containment review panel provided for in 41-5-131 shall review each plan submitted to the office of court administrator. The cost containment review panel shall recommend to the office whether each plan should be approved. The office shall consider the cost containment review panel's recommendation before approving or disapproving a plan.
     (5) The office of court administrator shall notify the judicial district, cost containment review panel, and department in writing as to whether a plan has been approved or disapproved. If the office disapproves a plan, the judicial district may submit a revised plan.
     (6) (a) A judicial district shall expend the amounts allocated to the district under subsection (1) in accordance with an approved plan by the end of the fiscal year following the fiscal year in which the amounts were allocated under subsection (1).
     (b) Any portion of the amounts allocated under subsection (1) not expended within the time provided for in subsection (6)(a) must be transferred to the general fund.
     (7) (a) Except as provided in subsection (7)(b), the district court council, established in 3-1-1602, shall adopt policies and procedures, subject to review by the supreme court, for administering this section, including procedures for submitting plans to the office of court administrator and criteria to be used by the office in evaluating and approving the plans.
     (b) The cost containment review panel shall adopt procedures for reviewing plans submitted to the office of court administrator and making recommendations to the office on plan approval.

     History: En. Sec. 20, Ch. 398, L. 2007.

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