# Mont. Code Ann. § 53-9-104: 53-9-104 Powers and duties of office > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-104 ## Section - **Citation:** Mont. Code Ann. § 53-9-104 - **Heading:** 53-9-104 Powers and duties of office - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-104 ## Text 53-9-104 . (Temporary) Powers and duties of office. (1) The office shall: (a) adopt rules to implement this part; (b) prescribe forms for applications for compensation; (c) determine all matters relating to claims for compensation; and (d) require any person contracting directly or indirectly with an individual convicted of a qualifying crime for any book, photograph, movie, television production, or play prepared for a commercial purpose that is based directly upon the crime or for the sale of an item owned or obtained by an individual convicted of a qualifying crime or obtained, produced, or gained directly through unique knowledge about the crime or preparation for the crime to deposit any proceeds paid or owed to the individual under the terms of the contract into an escrow fund for the benefit of any victims of the qualifying crime and any dependents of a deceased victim, to be held for a period of time that the office may determine is reasonably necessary to perfect the claims of the victims or dependents. Deposited proceeds may also be used to reimburse the office of state public defender, provided for in 2-15-1029 , for costs associated with providing assigned counsel for the charged person. Each victim and dependent of a deceased victim is entitled to actual and unreimbursed damages of all kinds or $5,000, whichever is greater. Proceeds remaining after payments to victims, dependents of deceased victims, and the state for any public defender or any attorney assigned for the charged person must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 . (2) The office may: (a) request and obtain from prosecuting attorneys and law enforcement officers investigations and data to enable the office to determine whether and the extent to which a claimant qualifies for compensation. A statute providing confidentiality for a claimant's juvenile court records does not apply to proceedings under this part. (b) request and obtain from a health care provider medical reports that are relevant to the physical condition of a claimant or from an insurance carrier, agent, or claims adjuster insurance payment information that is relevant to expenses claimed by a claimant if the office has made reasonable efforts to obtain from the claimant a release of the records or information. No civil or criminal liability arises from the release of information requested under this subsection (2)(b). (c) subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings, and receive relevant, nonprivileged evidence; (d) take notice of judicially cognizable facts and general, technical, and scientific facts within its specialized knowledge; (e) require that law enforcement agencies and officials take reasonable care that victims be informed about the existence of this part and the procedure for applying for compensation under this part; and (f) establish a victims assistance coordinating and planning program. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.) ## Nearby sections - [Mont. Code Ann. § 53-9-101 53-9-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-101.md) - [Mont. Code Ann. § 53-9-102 53-9-102 Legislative purpose and intent](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-102.md) - [Mont. Code Ann. § 53-9-103 53-9-103 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-103.md) - [Mont. Code Ann. § 53-9-104 53-9-104 Powers and duties of office](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-104.md) - [Mont. Code Ann. § 53-9-105 53-9-105 Rehabilitation of victims](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-105.md) - [Mont. Code Ann. § 53-9-106 53-9-106 Attorney fees](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-106.md) - [Mont. Code Ann. § 53-9-107 53-9-107 Public inspection and disclosure of office's records](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-107.md) - [Mont. Code Ann. § 53-9-108 53-9-108 Limitation of benefit entitlements to proportionate share of available funds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-108.md) - [Mont. Code Ann. § 53-9-110 53-9-110 Receipt of federal funds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-110.md) - [Mont. Code Ann. § 53-9-111 53-9-111 Penalty for fraudulently obtaining benefits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-111.md) - [Mont. Code Ann. § 53-9-112 53-9-112 Sale of confidential criminal justice information prohibited -- penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-112.md) - [Mont. Code Ann. § 53-9-113 53-9-113 Crime victims compensation account](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-113.md) - [Mont. Code Ann. § 53-9-121 53-9-121 Application for compensation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-121.md) - [Mont. Code Ann. § 53-9-122 53-9-122 Informal hearings](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-122.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C9_P1_S53-9-104. Check the current official text before relying on it. Not legal advice.