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HOUSE BILL NO. 207
INTRODUCED BY R. JOHNSON
AN ACT PROVIDING THAT THE DISTRICT COURT REIMBURSEMENT PROGRAM PAY FOR CERTAIN EXPENSES INCURRED IN STATE DISTRICT COURT FOR PROCEEDINGS INVOLVING ABUSED AND NEGLECTED CHILDREN; ELIMINATING THE CONTINGENCY FOR PAYMENT OF YOUTH COURT FOSTER CARE PLACEMENTS BY THE DEPARTMENT OF CORRECTIONS IF THERE WAS AN EXCESS BALANCE IN THE DISTRICT COURT REIMBURSEMENT FUND; STATUTORILY APPROPRIATING THE EXPENSE PAYMENTS AND DISTRICT COURT GRANTS; AMENDING SECTIONS 3-5-604 AND 3-5-901, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-5-604, MCA, is amended to read:
"3-5-604. Transcript of proceedings. (1) Each reporter
must shall furnish, upon request, with all reasonable diligence,
to a party or his a party's attorney in a case in which he the reporter has attended the trial or hearing a transcript from his
stenographic notes of the testimony and proceedings of the trial or hearing or a part thereof, of a trial or hearing upon
payment by the person requiring the same transcript of $2 per a page for the original transcript, 50 cents per a page for the
first copy, and 25 cents per a page for each additional copy.
(2) If the county attorney, attorney general, or judge requires a transcript in a criminal case, the reporter is entitled to
the reporter's fees therefor for the transcript, but he must the reporter shall furnish it. Upon furnishing it, he shall the
reporter must receive a certificate for the sum to which he the reporter is entitled. The reporter shall submit the certificate to
the supreme court administrator who, in accordance with 3-5-902, is responsible for the prompt payment of all or a portion
of the amount due the reporter. If the state, in accordance with 3-5-902, pays none or only a portion of the amount due, the
county shall pay the balance upon receipt of a statement from the reporter.
(3) If the judge requires a copy in a civil case to assist
him in rendering a decision, the reporter must shall furnish the
same copy without charge therefor. In civil cases, all transcripts required by the county shall must be furnished, and only
the reporter's actual costs of preparation may be paid by the county.
(4) If it appears to the judge that a defendant in a criminal case or a parent or guardian in a proceeding brought pursuant
to Title 41, chapter 3, part 4 or 6, is unable to pay for a transcript, it
shall must be furnished to him the party and paid for by
the state in the manner provided in subsection (2) to the extent funds are available. The county shall pay the remainder as
required in 3-5-901."
Section 2. Section 3-5-901, MCA, is amended to read:
"3-5-901. State assumption of certain district court expenses -- designation as district court
reimbursement program. (1) To the extent that revenue is available under 61-3-509, the state shall fund:
(a) the following district court expenses in criminal cases only:
(i) salaries of court reporters;
(ii) fees for transcripts of proceedings;
(iii) witness fees and necessary expenses;
(iv) juror fees;
(v) expenses for indigent defense; and
(vi) expenses for psychiatric examinations;
(b) the district court expenses, as listed in subsection (1)(a), in all postconviction proceedings held pursuant to Title 46,
chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings;
(c) the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence:
(i) transcript fees;
(ii) witness fees; and
(iii) expenses for psychiatric examinations; and
(d) the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody:
(i) transcript fees;
(ii) witness fees;
(iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation;
(iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth;
(v) expenses for appointed counsel for the youth;
(vi) expenses for appointed counsel for the parent, guardian, or other person having physical or legal custody of the youth; and
(vii) expenses associated with court-ordered alternative dispute resolution.
(2) If revenue received under 61-3-509 exceeds the amount appropriated by the legislature to fund the expenses of the
appellate defender program, the excess amount is statutorily appropriated, as provided in 17-7-502, to the supreme court to
fund the expenses described in subsections (1)(a) through
(1)(c) (1)(d), the district court grant program as described in
subsection (4)(a), and the costs of administering this section.
(3) All revenue disbursed under this section must be deposited in and credited to the district court fund. If a district court fund does not exist, the revenue must be deposited in the county general fund for district court operations.
(3)(4) If money appropriated for the expenses listed in subsection (1):
(a) exceeds the amount necessary to fully fund those expenses,
up to $500,000 of the excess amount must be used for
youth court and probation foster care placements if the department of corrections certifies to the supreme court that
appropriations for youth court and probation foster care placements will be inadequate to fund those costs and the
remaining excess amounts must be used for district court grants as provided in 7-6-2352; or
(b) is insufficient to fully fund those expenses, the county is responsible for payment of the balance."
Section 3. Effective date. [This act] is effective July 1, 1999.
- END -
Latest Version of HB 207 (HB0207.ENR)
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