Montana Code 46-15-411. Payment for medical evidence — alleged sexual offenses
46-15-411. Payment for medical evidence — alleged sexual offenses. (1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.
Terms Used In Montana Code 46-15-411
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of a local law enforcement agency under subsection (1).
(b)In administering the provisions of subsection (2)(a), the department shall:
(i)identify priorities for funding services, activities, and criteria for the receipt of program funds;
(ii)monitor the expenditure of funds by organizations receiving funds under this section;
(iii)evaluate the effectiveness of services and activities under this section; and
(iv)adopt rules necessary to implement this subsection (2).
(3)This section does not require a law enforcement agency or the state to pay any costs of treatment for injuries resulting from the alleged offense.