Montana Code 53-1-214. Educational aid to wrongfully convicted persons exonerated by postconviction DNA testing
53-1-214. Educational aid to wrongfully convicted persons exonerated by postconviction DNA testing. (1) Subject to appropriation by the legislature, a person who was convicted in this state of a felony offense, who was incarcerated in a state prison for any period of time, and whose judgment of conviction was overturned by a court based on the results of postconviction forensic DNA testing that exonerates the person of the crime for which the person was convicted is entitled to receive educational aid at the state’s expense. The department of corrections shall authorize educational aid for any person entitled to it under this section. The department shall establish, by rule, the procedures for application, designation of authority to receive aid, procedures for payment of aid, and forms to be used for this program. Aid under this section must include expenses for tuition, fees, books, board, and room at any:
Terms Used In Montana Code 53-1-214
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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 prison: means :
(1)a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;
(2)a state penal or correctional facility portion of a Montana regional correctional facility;
(3)a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106;
(4)a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or
(5)a combination of the facilities listed in this section. See Montana Code 53-30-101
(a)Montana community college;
(b)unit of the Montana university system, as described in 20-25-201; or
(c)accredited Montana tribally controlled community college.
(2)State aid under this section must include assistance, as described in subsection (1), in meeting any admission standards or criteria required at any of the institutions listed in subsection (1), including but not limited to assistance in satisfying requirements for a certificate of equivalency of completion of secondary education and assistance in completing any adult education program or courses. An adult education fund must be reimbursed by the state for any costs of completing an adult education program or courses under this section.
(3)The board of regents of higher education may waive fees and tuition for education provided under this section pursuant to 20-25-421. The department of corrections shall notify the board of regents before August 1 of each year of educational aid that is to be provided under this section for the next school year.
(4)The privilege of receiving aid under this section remains active for 10 years after the release of a person who qualifies for aid under subsection (1). State education aid must continue for up to a total of 5 years of aid within the 10-year aid period or until the degree or program for which the person is authorized under subsection (1) is completed, whichever is less, as long as the person continues to make satisfactory progress in the courses or program attempted. Aid is available for completion of any degree or program available from the institutions listed in subsection (1), at the recipient’s choice.