Montana Code 53-21-404. Transition review committee — membership — meetings — reimbursement
53-21-404. (Temporary) Transition review committee — membership — meetings — reimbursement. (1) There is a transition review committee to monitor the need for and progress in developing community-based services for individuals who have been or are at risk of being involuntarily committed to the Montana state hospital and who have a primary diagnosis of Alzheimer’s disease, other forms of dementia, or traumatic brain injury.
Terms Used In Montana Code 53-21-404
- Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-21-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
- Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- 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
- State hospital: means the Montana state hospital. See Montana Code 53-21-102
(2)The committee must consist of:
(a)four legislators appointed as provided in subsection (4); and
(b)seven members appointed by the governor or the governor’s designee as follows:
(i)one representative of a statewide association whose primary purpose is representing skilled nursing facilities and assisted living facilities;
(ii)one representative of the state protection and advocacy system for individuals with mental illness authorized under 42 U.S.C. § 10803;
(iii)one representative of a statewide association whose primary purpose is representing individuals with Alzheimer’s disease or other forms of dementia;
(iv)one representative of a statewide association whose primary purpose is representing individuals with traumatic brain injury;
(v)one physician with experience in geriatric psychiatry;
(vi)one family member or guardian of an individual who is or has, within the previous 5 years, been committed to the Montana state hospital and whose diagnosis included Alzheimer’s disease, other forms of dementia, or traumatic brain injury; and
(vii)one representative of the department of public health and human services.
(3)Appointments must be made no later than May 15, 2023.
(4)(a) Legislative members of the committee must, in consultation with the minority party, be appointed as provided in this subsection (4).
(b)(i) The committee on committees shall appoint two members of the Montana senate, one from the majority party and one from the minority party.
(ii)The speaker of the house shall appoint two members of the Montana house, one from the majority party and one from the minority party.
(c)Two of the appointees must have served on the section b joint appropriations subcommittee, and two of the appointees must have been members of the house human services committee or senate public health, welfare, and safety committee.
(d)Legislative appointees to the committee may continue to serve on the committee if they are not members of the 69th legislature.
(5)A vacancy on the committee must be filled in the same manner as the original appointment.
(6)The committee shall elect a presiding officer and vice presiding officer from among the legislative members of the committee.
(7)The committee shall meet quarterly during the biennium beginning July 1, 2023, and must be disbanded no later than June 30, 2025.
(8)(a) A legislative member of the committee is entitled to salary and expenses as provided in 5-2-302.
(b)A nonlegislative member of the committee is entitled to reimbursement for travel expenses as provided in 2-18-501 through 2-18-503.
(9)The legislative services division shall provide staff support to the committee. (Terminates June 30, 2025–sec. 13, Ch. 777, L. 2023.)