UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAWS RELATED TO FUNDING EDUCATIONAL PROGRAMS IN YOUTH DETENTION FACILITIES; FUNDING THE PROGRAM FROM A SCHOOL DISTRICT'S TUITION FUND; CAPPING THE PAYMENT FOR SERVICES AT UP TO 260 DAYS; AMENDING SECTIONS 20-9-130 AND 41-5-1807, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-9-130, MCA, is amended to read:
"20-9-130. District obligation for students in youth detention facility. A school district is responsible for providing
funding for the education of students of the district who are detained in a youth detention facility. The school district's
obligation must be funded from the district's general tuition fund."
Section 2. Section 41-5-1807, MCA, is amended to read:
"41-5-1807. Responsibility for payment of detention costs. (1) Absent a contract or agreement between counties and except as provided in subsection (2), all costs for the detention of a youth in a county or regional detention facility, including medical costs incurred by the youth during detention, must be paid by the county at whose instance the youth is detained.
(2) A detention facility providing an educational program for youth held in lawful custody at the facility is eligible to receive education funding, as provided in 20-9-130, calculated as follows:
(a) Before the end of each fiscal year, the facility shall compile the following information by school district:
(i) the number of youth detained in the facility over 9 consecutive days during the prior year; and
(ii) the total number of days, not to exceed 260 days for each youth, that the youth described in subsection (2)(a)(i) were detained.
(b) The facility shall calculate the each school district's obligation for educational services by multiplying the number of
youth detained and the total number of days detained, as provided in subsection (2)(a), by $20 a day for each youth. The
calculation must be sent to the school district no later than June 30. The school district shall transmit the amount calculated
to the county treasurer of the county where the facility is located no later than July 15.
(c) The funds are to be used by the county for educational services provided by certified personnel in the detention
facility located in the county and is are subject to the requirements of Title 7, chapter 6, part 23."
NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of LC 1174 (LC1174.01)
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