41-5-1904. Distribution of grants — limitation of funding — restrictions on use. (1) The board shall award grants on an equitable basis, giving preference to services that are to be used on a regional basis.

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Terms Used In Montana Code 41-5-1904

  • Attendant care: means the direct supervision of youth by a trained attendant in a physically unrestricting setting. See Montana Code 41-5-1901
  • Board: means the board of crime control provided for in 2-15-2008. See Montana Code 41-5-1901
  • County: means a county, city-county consolidated government, or a youth detention region created pursuant to 41-5-1805. See Montana Code 41-5-1901
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Secure detention: means the detention of youth in a physically restricting facility designed to prevent a youth from departing at will. See Montana Code 41-5-1901

(2)The board shall award grants to eligible counties:

(a)in a block grant in an amount not to exceed 50% of the approved, estimated cost of secure detention; or

(b)on a matching basis in an amount not to exceed:

(i)75% of the approved cost of providing holdovers, attendant care, and other alternatives to secure detention, except for shelter care. Shelter care costs must be paid as provided by law.

(ii)50% of the approved cost of programs for the transportation of youth to appropriate detention or shelter care facilities, including regional detention facilities.

(3)Based on funding available after the board has funded block grants under subsection (2), the board shall, in cases of extreme hardship in which the transfer of youth court cases to the adult system has placed considerable financial strain on a county‘s resources, award grants to eligible counties to fund up to 75% of the actual costs of secure detention of youth awaiting transfer. Hardship cases will be addressed at the end of the fiscal year and will be awarded by the board based upon a consideration of the applicant county’s past 3 years’ expenditures for youth detention and upon consideration of the particular case or cases that created the hardship expenditure for which the hardship grant is requested.

(4)Grants under 41-5-1902 may not be used to pay for the cost of youth evaluations. The cost of evaluations must be paid as provided for in 41-5-1503.