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69th Legislature 2025 HB0912.4
- 1 - Authorized Print Version – HB 912
1 HOUSE BILL NO. 912
2 INTRODUCED BY S. KELLY, M. CUNNINGHAM, B. MERCER, A. REGIER, T. SHARP
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO BEHAVIORAL
5 HEALTH; CREATING A SECURE FORENSIC FACILITY; PROVIDING MINIMUM REQUIREMENTS FOR THE
6 FACILITY AND ITS SERVICES; ALLOWING THE BEHAVIORAL HEALTH SYSTEM FOR FUTURE
7 GENERATIONS FUND TO SUPPORT THE CONSTRUCTION OF NEW PROPERTY TO SUPPORT
8 BEHAVIORAL HEALTH SETTINGS AND IMMEDIATE CARE FACILITIES; PROVIDING AN
9 APPROPRIATION; AMENDING SECTION 50-1-119, MCA; AMENDING SECTION 12, CHAPTER 739, LAWS
10 OF 2023; REPEALING SECTIONS 9, 10, 11, AND 13, CHAPTER 739, LAWS OF 2023; AND PROVIDING AN
11 EFFECTIVE DATE.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 NEW SECTION. Section 1. Establishment of secure forensic facility. (1) The department of public
16 health and human services ADMINISTRATION shall oversee the construction and operation of a secure forensic
17 facility to provide care, treatment, and security for individuals who have been adjudicated as guilty but mentally
18 ill, not guilty by reason of mental illness, or in need of forensic evaluations or competency restoration prior to
19 legal proceedings.
20 (2) The facility must be designed to house a maximum of AT LEAST 70 patients.
21 (3) The facility must be located east of a line running north and south through Big Timber, IN
22EASTERN Montana, at a site determined by the department in consultation with other appropriate state agencies.
23
24 NEW SECTION. Section 2. Facility design and services. (1) The secure forensic facility
25 established in [section 1] must provide:
26 (a) secure housing units designed to meet the needs of forensic patients;
27 (b) onsite psychiatric and medical treatment services;
28 (c) competency restoration programs;
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69th Legislature 2025 HB0912.4
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1 (d) rehabilitation and reintegration services;
2 (e) adequate security measures to ensure the safety of patients, staff, and the public; and
3 (f) a clinical environment and supplies to support the involuntary administration of medication to a
4 patient at the facility under a court order when necessary for the treatment and stabilization of a patient.
5 (2) The department shall develop rules and policies for patient admissions, treatment, involuntary
6 medication, and discharge in compliance with state and federal laws.
7
8Section 3. Section 50-1-119, MCA, is amended to read:
9 " 50-1-119. Behavioral health system for future generations fund. (1) There is an account in the
10 state special revenue fund established in 17-2-102 to be known as the behavioral health system for future
11 generations fund.
12 (2) There must be deposited in the account money received from legislative general fund transfers.
13 (3) Eligible uses of the fund include:
14 (a) medicaid and CHIP matching funds for payments made to behavioral health settings;
15 (b) medicaid and CHIP matching funds for payments made to intermediate care facilities for
16 individuals with intellectual disabilities;
17 (c) statewide community-based investments to stabilize behavioral health and developmental
18 disabilities service providers and delivery, increase and strengthen the behavioral health and developmental
19 disabilities workforce, increase service capacity to meet identified behavioral health and developmental
20 disabilities services demands, and increase opportunities for Montanans to receive integrated physical and
21 behavioral health care;
22 (d) acquisition or construction of new or remodeling of existing infrastructure or property to support
23 the establishment of behavioral health settings and intermediate care facilities for individuals with intellectual
24 disabilities;
25 (e) planning, operation, or other contract expenses associated with intermediate care facilities for
26 individuals with intellectual disabilities;
27 (f) planning, operation, or other contract expenses associated with behavioral health settings; and
28 (g) studying and planning of the development of a comprehensive behavioral health system.
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1 (4) Funds in this account may not be used to operate existing state facilities."
2
3 NEW SECTION. SECTION 3. REPEALER. SECTIONS 9, 10, 11, AND 13, CHAPTER 739, LAWS OF 2023, ARE
4REPEALED.
5
6SECTION 4. SECTION 12, CHAPTER 739, LAWS OF 2023, IS AMENDED TO READ:
7 "Section 12. Appropriations. (1) There is appropriated $20 million from the capital development
8 long-range building program account to the department of public health and human services for the biennium
9 beginning July 1, 2023, for the uses outlined in [section 3(3)(d)].
10 (2) There is appropriated $83.5 million in federal special revenue to the department of public health and
11 human services for the biennium beginning July 1, 2023, to provide matching funds to the department."
12
13 NEW SECTION. SECTION 5. PLANNING AND DESIGN. THE DEPARTMENT OF ADMINISTRATION MAY PROCEED
14WITH THE PLANNING AND DESIGN OF CAPITAL PROJECTS AUTHORIZED IN [SECTION 1] PRIOR TO THE RECEIPT OF OTHER
15FUNDING SOURCES. THE DEPARTMENT MAY USE INTERENTITY LOANS IN ACCORDANCE WITH 17-2-107 TO PAY PLANNING
16AND DESIGN COSTS INCURRED BEFORE THE RECEIPT OF OTHER FUNDING SOURCES.
17
18 NEW SECTION. SECTION 6. PROGRAM EXPANSION AND OPERATIONS AND MAINTENANCE APPROPRIATION.
19 (1) (A) PURSUANT TO 17-7-210, IF CONSTRUCTION OF A NEW FACILITY REQUIRES AN IMMEDIATE OR FUTURE INCREASE IN
20STATE FUNDING FOR PROGRAM EXPANSION OR OPERATIONS AND MAINTENANCE, THE LEGISLATURE MAY NOT AUTHORIZE
21THE NEW FACILITY UNLESS IT ALSO APPROPRIATES FUNDS FOR THE INCREASE IN STATE FUNDING FOR PROGRAM
22EXPANSION AND OPERATIONS AND MAINTENANCE. TO THE EXTENT ALLOWED BY LAW, AT THE END OF EACH FISCAL YEAR
23FOLLOWING APPROVAL OF A NEW FACILITY BUT PRIOR TO RECEIPT OF ITS CERTIFICATE OF OCCUPANCY, THE
24APPROPRIATION MADE IN SUBSECTION (3) REVERTS TO ITS ORIGINATING FUND. THE APPROPRIATION IS NOT SUBJECT TO
25THE PROVISIONS OF 17-7-304.
26 (B) IT IS THE LEGISLATURE'S INTENT THAT THE APPROPRIATION IN SUBSECTION (3) BECOME PART OF THE
27RESPECTIVE AGENCY'S BASE BUDGET FOR THE BIENNIUM BEGINNING JULY 1, 2025.
28 (3) THE AMOUNT OF $1,661,426 IS APPROPRIATED FOR THE BIENNIUM BEGINNING JULY 1, 2025, TO THE
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1DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES FROM THE ACCOUNT ESTABLISHED IN THE BEHAVIORAL HEALTH
2SYSTEM FOR FUTURE GENERATIONS FUND ESTABLISHED IN 50-1-119 FOR PROGRAM EXPANSION OR OPERATIONS AND
3MAINTENANCE FOR THE INDICATED NEW SETTING.
4
5 NEW SECTION. SECTION 7. REVIEW BY DEPARTMENT OF ENVIRONMENTAL QUALITY. THE DEPARTMENT OF
6ENVIRONMENTAL QUALITY SHALL REVIEW THE CAPITAL PROJECT AUTHORIZED IN [SECTION 1] FOR POTENTIAL INCLUSION
7IN THE STATE BUILDING ENERGY CONSERVATION PROGRAM UNDER TITLE 90, CHAPTER 4, PART 6. WHEN A REVIEW
8SHOWS THAT A CAPITAL PROJECT WILL RESULT IN ENERGY OR UTILITY SAVINGS AND IMPROVEMENTS, THAT PROJECT
9MUST BE SUBMITTED TO THE ENERGY CONSERVATION PROGRAM FOR FUNDING CONSIDERATION BY THE STATE BUILDING
10ENERGY CONSERVATION PROGRAM. FUNDING PROVIDED UNDER THE ENERGY CONSERVATION PROGRAM GUIDELINES
11MUST BE USED TO OFFSET OR ADD TO THE AUTHORIZED FUNDING FOR THE PROJECT, AND THE AMOUNT MUST BE
12DEPENDENT ON THE ANNUAL UTILITY SAVINGS RESULTING FROM THE CAPITAL PROJECT. THE DEPARTMENT OF PUBLIC
13HEALTH AND HUMAN SERVICES MUST BE NOTIFIED OF POTENTIAL FUNDING AFTER THE REVIEW AND IS OBLIGATED TO
14UTILIZE THE STATE BUILDING ENERGY CONSERVATION PROGRAM FUNDING, IF AVAILABLE.
15
16 NEW SECTION. SECTION 8. LEGISLATIVE INTENT. THE APPROPRIATION AUTHORIZED IN [SECTION 9]
17CONSTITUTES LEGISLATIVE CONSENT FOR THE CAPITAL PROJECT OUTLINED IN [SECTION 1] WITHIN THE MEANING OF 18-
18 2-102.
19
20 NEW SECTION. Section 9. Appropriation. (1) There is appropriated $60 million from the behavioral
21 health system for future generations fund established in 17-2-102 CAPITAL DEVELOPMENTS LONG-RANGE BUILDING
22PROGRAM ACCOUNT ESTABLISHED IN 17-7-209 for the biennium beginning July 1, 2025, to the department of
23 public health and human services ADMINISTRATION for the purpose of planning, designing, constructing, and
24 equipping the secure forensic facility established in [section 1].
25 (2) Any unexpended funds remaining after the completion of the facility must revert to the
26 behavioral health system for future generations fund established in 17-2-102.
27
28 COORDINATION SECTION. SECTION 10. COORDINATION INSTRUCTION. IF BOTH HOUSE BILL NO. 5 AND
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1 [THIS ACT] ARE PASSED AND APPROVED AND IF HOUSE BILL NO. 5 CONTAINS FUNDING FOR A FACILITY THAT PERFORMS
2THE SAME FUNCTIONS AS THOSE PROPOSED IN [THIS ACT], THEN [THIS ACT] IS VOID.
3
4 NEW SECTION. Section 11. Effective date. [This act] is effective July 1, 2025.
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