52-5-109. Transportation costs -- arrangement for transportation. (1) Prior to adjudication:
(a) for a youth placed in a facility, other than a correctional facility or a detention facility, the judicial district of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any other transportation costs incurred while the youth is in the facility. The district shall pay these costs from its annual allocation provided for in 41-5-130.
(b) for a youth detained in a detention facility, the county of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any other transportation costs while the youth is in the facility.
(2) After adjudication:
(a) for a youth placed in a nonsecure facility within or outside the state, the judicial district of the youth court in which the youth was adjudicated shall pay the costs for transporting the youth to and from the facility from its annual allocation established under 41-5-130;
(b) for a youth committed to the department of corrections for placement in an in-state correctional facility or returned to the department for violation of the terms and conditions of the youth's conditional release agreement, the county of the youth court in which the youth was adjudicated shall pay the cost for transporting the youth to the facility. The department shall pay the cost for transporting the youth after the youth is released from the facility or provide other arrangements for transporting the youth.
(c) for a youth placed in an out-of-state correctional facility pursuant to 41-5-355, the department of corrections shall pay the cost for transporting the youth to the facility and the cost for transporting the youth after the youth is released from the facility.
(3) The youth court probation office shall arrange for all transportation to and from an out-of-home placement except when the department of corrections is responsible for transportation costs as provided for in subsections (2)(b) and (2)(c).
History: En. Sec. 50, Ch. 199, L. 1965; amd. Sec. 15, Ch. 320, L. 1967; R.C.M. 1947, 80-2206; amd. Sec. 13, Ch. 609, L. 1987; Sec. 53-30-210, MCA 1989; redes. 52-5-109 by Code Commissioner, 1991; amd. Sec. 376, Ch. 546, L. 1995; amd. Sec. 233, Ch. 42, L. 1997; amd. Sec. 15, Ch. 189, L. 1997; amd. Sec. 54(5), Ch. 585, L. 2001; amd. Sec. 10, Ch. 587, L. 2001; amd. Sec. 21, Ch. 398, L. 2007; amd. Sec. 29, Ch. 344, L. 2019; amd. Sec. 32, Ch. 339, L. 2021.
Structure Montana Code Annotated
52-5-101. Establishment of correctional facilities -- prohibitions -- definition
52-5-102. Control and management of youth correctional facilities
52-5-103. Cooperative agreements for services with governing body of Indian tribe
52-5-105. Superintendents to manage facilities
52-5-106. Curricula at facilities
52-5-107. Maximum age of commitment
52-5-108. Medical examination before admission -- records required to accompany youth committed
52-5-109. Transportation costs -- arrangement for transportation
52-5-110. Transfer of child to other facility or institution
52-5-112. University aid to residents of schools
52-5-114. Penalty for aiding resident in leaving or not returning to correctional facility
52-5-115. through 52-5-119 reserved
52-5-120. Youth industries programs
52-5-121. Rulemaking authority
52-5-122. through 52-5-124 reserved
52-5-126. Conditional release agreement
52-5-127. Control over youth placed on conditional release
52-5-128. Detention of youth who violates conditional release or escapes from facility or program