House bill NO. 83

INTRODUCED BY A. Regier

By Request of the Department of Public Health and Human Services

A BILL FOR AN ACT ENTITLED: "AN ACT TRANSFERRING THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT GRANT PROGRAM AND THE PARTNER AND FAMILY MEMBER ASSAULT INTERVENTION AND TREATMENT FUND ACCOUNT FROM THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO THE BOARD OF CRIME CONTROL TO CONSOLIDATE DOMESTIC VIOLENCE GRANTS ADMINISTERED BY THE BOARD; PROVIDING THE BOARD OF CRIME CONTROL WITH RULEMAKING AUTHORITY TO ADMINISTER THE GRANT PROGRAM; AMENDING SECTION 40-15-110, MCA; REPEALING SECTIONS 52-6-101, 52-6-102, 52-6-103, 52-6-104, AND 52-6-105, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.

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

Section 1. Family Violence Prevention and Services Act grant program. There is a Family Violence Prevention and Services Act grant program established within the board of crime control for the allocation of grant money to local domestic violence programs.

Section 2. Duties of board. The board of crime control:

(1) may adopt rules necessary to carry out the purposes of [sections 1 through 5];

(2) may spend no more than 5% of the appropriated funds for administrative costs of the grant program;

(3) shall accept federal funds that may be available for use in carrying out the provisions of [sections 1 through 5];

(4) may use state funds as a match for federal funds if required; and

(5) may conduct research and compile statistics relating to domestic violence.

Section 3. Authorized grantees -- criteria for grants. (1) The board of crime control may award domestic violence grants only to local partner or family member assault programs that are locally controlled. Grants may be awarded to governmental agencies or nongovernmental organizations or persons.

(2) Domestic violence grants must be awarded on the following basis:

(a) demonstrated need;

(b) project merit;

(d) efficiency of administration.

Section 4. Authorized services of programs. (1) Local domestic violence programs may provide services that include but are not limited to the following:

(a) counseling for victims or their partners;

(b) shelters or safe homes for victims;

(d) educational programs relating to domestic violence designed for both the community at large and specialized groups such as hospital personnel and law enforcement officials.

(2) The services authorized in subsection (1) may be provided on a regional basis by a local domestic violence program if authorized by the board of crime control according to regional boundaries established by the board.

Section 5. Funding. Twenty percent of the operational costs of a domestic violence program must come from the local community served by the program. The local contribution may include in-kind contributions.

Section 6. Section 40-15-110, MCA, is amended to read:

"40-15-110. Partner and family member assault intervention and treatment fund account. (1) There is a partner and family member assault intervention and treatment fund account in the state special revenue fund in the state treasury. The money in the account is allocated to the department of public health and human services board of crime control to fund services to victims of partner or family member assault, as provided in subsections (2) and (3).

(2) The department board shall distribute the money in the account, as provided in subsection (3), to agencies that provide direct services to victims of partner or family member assault, including but not limited to shelters, crisis lines, safe homes, and victim's counseling providers. A service provider is eligible to receive money under this section for services provided to a victim of partner or family member assault, whether or not the victim seeks or receives services within the criminal justice system.

(3) A service provider that provides direct services to victims of partner or family member assault shall apply to the department board for distribution of money under this section. The department board shall evaluate a provider's eligibility to receive money under this section based on available money, the needs of the provider, whether the provider includes programs focused on prevention of partner and family member assault, the quality of services provided by the provider, the need for services in the community, and the need for improved or continuing services in the community."

Section 7. Repealer. The following sections of the Montana Code Annotated are repealed:

52-6-101. Battered spouses and domestic violence grant program created.

52-6-102. Duties of department.

52-6-103. Authorized grantees -- criteria for grants.

52-6-104. Authorized services of programs.

52-6-105. Funding.

Section 8. Codification instruction. [Sections 1 through 5] are intended to be codified as a new part in Title 44, chapter 7, and the provisions of Title 44, chapter 7, apply to [sections 1 through 5].

Section 9. Effective date. [This act] is effective October 1, 2024.