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.

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Terms Used In Montana Code 46-1-1112

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Drug: includes :

    (a)a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;

    (b)an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or

    (c)a harmful substance, which is a misused substance otherwise legal to possess, including alcohol. See Montana Code 46-1-1103

  • Drug offender: means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense. See Montana Code 46-1-1103
  • Drug treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction. See Montana Code 46-1-1103

(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.