Montana Code 7-32-2242. Use of detention center — payment of costs
7-32-2242. Use of detention center — payment of costs. (1) Local government, state, and federal law enforcement and correctional agencies may use any detention center for the confinement of arrested persons and the punishment of offenders, under conditions imposed by law and with the consent of the governing body responsible for the detention center.
Terms Used In Montana Code 7-32-2242
- Detention center: means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center. See Montana Code 7-32-2241
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Inmate: means a person who is confined in a detention center. See Montana Code 7-32-2241
- 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.
- Local government: means a city, town, county, or consolidated city-county government. See Montana Code 7-32-2241
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Private detention center: means a detention center owned by private industry and leased to or operated under a contract with a local government. See Montana Code 7-32-2241
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)(a) Except as provided in 7-32-2245, if a person is confined in a detention center by an arresting agency not responsible for the operation of the detention center, the actual costs of holding the person in confinement must be paid by the arresting agency unless otherwise agreed to by the arresting agency and the operator of the detention center.
(b)If a city or town commits a person to the detention center of the county in which the city or town is located for a reason other than detention pending trial for or detention for service of a sentence for violating an ordinance of that city or town, the costs must be paid by the county, except as provided in 7-32-2245. If the department of corrections is the arresting agency and the inmate is a probation violator, the costs must be paid by the county in which the district court that retains jurisdiction over the inmate is located, except as provided in 7-32-2245.
(c)The department of corrections is responsible to pay actual costs for defendants following the pronouncement of sentence pursuant to 46-19-101.
(d)Payments must be made to the government unit responsible for the detention center or to the administrator operating a private detention center under an agreement provided for in 7-32-2201 on presentation of a claim to the arresting agency.
(e)For purposes of this section, “actual costs” of a detention center is defined as the greater of:
(i)the daily per inmate provider rate for crossroads correctional facility less 10%; or
(ii)$82.
(3)If a person is a fugitive from justice from an out-of-state jurisdiction, the costs, including medical expenses, of holding the person in a detention center pending extradition must be paid by the out-of-state jurisdiction.