HB 912: Generally revise behavioral health laws to create a secure forensic facility - Montana

HB0912_2(6).pdf → HB0912_4.pdf · 5 edits

MODERATE

The bill was renumbered from HB 912.2 to HB 912.4 to incorporate significant amendments, including the addition of repealer sections to remove conflicting prior laws and a new section allowing planning and design to begin before full funding is secured. The bill also introduces strict requirements that any new facility construction must be paired with a simultaneous appropriation for ongoing operations and maintenance costs, preventing the state from building facilities it cannot afford to run.

Scope change

The bill's scope was expanded to include the repeal of specific sections from a 2023 law and to allow administrative agencies to initiate planning and design phases using inter-entity loans prior to receiving final funding.

REQUIREMENT

Added a mandate that new facility construction cannot be authorized unless the legislature simultaneously appropriates funds for the increase in program expansion and operations and maintenance costs.

TIMELINE

Added authority for the Department of Administration to proceed with planning and design of capital projects before receiving other funding sources, utilizing inter-entity loans to cover initial costs.

SCOPE

Added a repealer section to explicitly repeal Sections 9, 10, 11, and 13 of Chapter 739, Laws of 2023, and amended Section 12 of that chapter.

FISCAL

Revised the appropriation structure to include a specific $1,661,426 allocation for the 2025 biennium for program expansion and operations, intended to become part of the agency's base budget.

TECHNICAL

Updated the bill number from HB 912.2 to HB 912.4 and adjusted the title to reflect the new repealer and amendment provisions.

HB0912_3(6).pdf → HB0912_2(6).pdf · 3 edits

MINOR

The bill number was updated from HB 912.3 to HB 912.2, likely reflecting a revision or renumbering in the legislative process. The most significant substantive change is the removal of a coordination clause that would have voided this bill if a separate facility bill (HB 5) was passed, ensuring this legislation remains independent of potential future funding changes. The effective date was moved from Section 6 to Section 5, and the section numbering was adjusted accordingly, while the $60 million appropriation remains intact.

Scope change

The bill's scope is no longer contingent on the passage of another bill (HB 5); it now stands as an independent piece of legislation.

REQUIREMENT

Deleted a coordination clause that would have automatically voided the bill if a separate facility bill (HB 5) was passed, removing a condition that could have blocked this legislation.

TIMELINE

Relocated the effective date provision from Section 6 to Section 5 and renumbered subsequent sections, though the effective date of July 1, 2025, remains unchanged.

TECHNICAL

Updated the bill identifier from HB 912.3 to HB 912.2 throughout the document.

HB0912_2(5).pdf → HB0912_3.pdf · 3 edits

MINOR

The bill number was updated from HB0912.2 to HB0912.3 to reflect its new version. The most significant change is the addition of a coordination clause that voids this bill if a companion bill (HB 5) is passed and provides funding for the same facility functions, preventing duplicate funding. The effective date was moved from the original Section 5 to a new Section 6.

Scope change

The bill's applicability is now conditional; it will not take effect if a related funding bill is passed first.

REQUIREMENT

Added a coordination instruction stating the bill is void if House Bill No. 5 is passed and funds the same facility functions.

TIMELINE

Relocated the effective date provision from Section 5 to a new Section 6.

TECHNICAL

Updated the bill identifier from HB0912.2 to HB0912.3 throughout the document.

HB0912_1(5).pdf → HB0912_2.pdf · 3 edits

MINOR

The bill was amended to change the agency name from 'department of public health and human services' to 'department of public health and human services ADMINISTRATION'. Additionally, the facility capacity requirement was altered from a maximum of 70 patients to a minimum of at least 70 patients, and the facility location was updated to specify 'EASTERN Montana' instead of just 'Montana'.

Scope change

The bill's scope of applicability was modified by changing the responsible state agency and altering the minimum capacity requirement for the new facility.

REQUIREMENT

Changed the facility capacity requirement from a maximum of 70 patients to a minimum of at least 70 patients.

Updated the facility location requirement to specify 'EASTERN Montana' instead of just 'Montana'.

DEFINITION

Changed the responsible agency name from 'department of public health and human services' to 'department of public health and human services ADMINISTRATION'.

HB0912.001.003_combo_final-condensed.pdf → HB0912_1(2).pdf · 3 edits

MINOR

The bill was renumbered and streamlined to remove redundant administrative headers. The primary substantive change is the addition of a new section that amends the 'Behavioral Health System for Future Generations Fund' to explicitly allow funds to be used for planning and operating a new secure forensic facility, while simultaneously prohibiting the use of these funds to operate existing state facilities. This ensures the new $60 million appropriation is legally directed toward the new construction rather than current operations.

Scope change

The bill's scope was expanded to include a specific amendment to the state's behavioral health funding statute, clarifying that the new facility is a distinct use of funds separate from existing state operations.

FISCAL

Added a new provision amending the Behavioral Health System for Future Generations Fund to explicitly authorize using the $60 million appropriation for planning, designing, constructing, and equipping the new secure forensic facility.

REQUIREMENT

Added a restriction prohibiting the use of the behavioral health fund to operate any existing state facilities, ensuring the new money is reserved for the new project.

TECHNICAL

Removed redundant 'Amendment' headers and standardized the bill title and section numbering to align with final legislative formatting.

HB0912_1(1).pdf → HB0912.001.003_combo_final-condensed.pdf · 3 edits

MINOR

The bill was amended to correct the department name from 'public health and human services' to 'public health and human services administration' for accuracy. A significant substantive change increased the required facility capacity from a maximum of 70 patients to a minimum of at least 70 patients, altering the operational scale. The facility location was clarified to be in eastern Montana, and the funding section was updated to reflect the new department name while maintaining the $60 million appropriation.

Scope change

The bill's scope regarding facility capacity was expanded by changing the limit from a maximum of 70 patients to a minimum of at least 70 patients, ensuring the facility meets a specific size threshold.

REQUIREMENT

Changed the facility capacity requirement from a maximum of 70 patients to a minimum of at least 70 patients.

Clarified the facility location requirement to specify it must be in eastern Montana.

DEFINITION

Updated the department name from 'department of public health and human services' to 'department of public health and human services administration' throughout the text.

LC0496.pdf → HB0912_1.pdf · 2 edits

MINOR

The bill text was updated to reflect a change in the bill number from LC 0496 to HB 912, indicating a renumbering or re-introduction of the legislation. Additionally, the list of sponsors was expanded to include five legislators (S. Kelly, M. Cunningham, B. Mercer, A. Regier, and T. Sharp), whereas the previous version did not list specific sponsors. These changes represent administrative updates to the bill's metadata rather than substantive policy shifts.

TECHNICAL

The bill number was changed from LC 0496 to HB 912, and the page headers were updated to reflect this new number.

A list of five specific sponsors (S. Kelly, M. Cunningham, B. Mercer, A. Regier, T. Sharp) was added to the bill introduction section.

Generally revise behavioral health laws to create a secure forensic facility

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