Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 1. GENERAL PROVISIONS

Part 11. Drug Offender Accountability and Treatment

Funding

46-1-1112. Funding. (1) There is a drug treatment court federal resources account in the federal special revenue fund that is administered by the office of the supreme court administrator. Any federal money received for funding drug treatment courts must be deposited in the drug treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the drug treatment court federal resources account.

(2) A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month. The costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2). Any fees received by the court from an offender are not court costs, charges, or fines.

(3) All federal funds received from grants for purposes of funding drug treatment courts must be exhausted before money is spent from other appropriations for that purpose.

(4) This part does not prohibit drug treatment court teams from obtaining supplemental funds.

(5) This part does not supplant funds currently utilized by drug treatment courts.

History: En. Sec. 7, Ch. 282, L. 2005; amd. Sec. 1, Ch. 3, L. 2009.