Montana Code Annotated 2021

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 32. WRONGFUL CONVICTION

Part 1. Proceedings for Compensation

Exoneree Compensation Fund

46-32-108. (Temporary) Exoneree compensation fund. (1) There is an account in the state special revenue fund established in 17-2-102 known as the exoneree compensation fund.

(2) Money in this account may be used only to pay compensation awarded under this part.

(3) (a) Funds in the account may come from grants, gifts, donations, fund transfers, and funds received from counties and consolidated local governments.

(b) The county or consolidated government where the exoneree was convicted is responsible for 75% of the damages, costs of medical insurance and tuition, costs, and attorney fees awarded to a claimant.

(c) The department of administration shall invoice the responsible county or consolidated government no later than 30 days from the appeal deadline, if no appeal is filed, or no later than 30 days from entry of remittitur by the Montana supreme court.

(d) The county or consolidated local government shall remit payment to the state no later than 30 days of receipt of the invoice.

(4) The money in the account may be invested pursuant to Title 17, chapter 6. The income and earnings on the account must be deposited in the account.

(5) Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of administration for payment of damages, costs of medical insurance and tuition, costs, and attorney fees awarded pursuant to 46-32-106. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)

History: En. Sec. 8, Ch. 574, L. 2021.