House Judiciary hears bill to shift sexual-assault exam costs to state fund

Senators and representatives heard testimony Jan. 16 on Senate Bill 491, a measure sponsored by Senator Bob Phelan that would create a centralized state reimbursement fund to pay for sexual-assault forensic exams and move the payment responsibility away from local law enforcement. "Senate bill 491 ... establishes a centralized state reimbursement fund through the Montana attorney general's office," Phelan told the House Judiciary Committee as he opened the hearing.

Proponents said the change is aimed at stabilizing rural access to forensic-nurse examiner (SANE) services and preserving evidence. Teresa Olsen, a physician assistant and forensic examiner from Glendive, told the committee that rural survivors face long travel and workforce shortages: "Some victims had to travel for, for over 200 miles for a forensic exam," she said, describing a SANE program that closed in 2023 because of burnout and financial strain.

Officials from the Department of Justice's Office of Victim Services (OVS) described themselves as "soft opponents" to the bill as written but offered a set of technical amendments they said are essential for implementation. Director Kayla Bragg walked the committee through the department's amendment, which would create a "sexual assault forensic medical fund" and include an $800,000 appropriation. Bragg said OVS currently pays for some exams out of the crime-victim compensation program and lacks a dedicated budget.

DOJ witnesses also urged removing a fixed maximum pay rate from statute so administrators can set a medically informed rate by administrative rule. "If you strike the 'at a max rate of $800' it allows us to adopt that pay rate in administrative rule where it's currently at," Bragg told the committee. Advocates and program coordinators argued $800 may be insufficient: Hope Stockwell, Sexual Assault Response Network coordinator, testified that Montana currently pays $600 per exam but that "true costs, on average, really are closer to $2,000 per exam for medical facilities," with a median closer to $1,100.

Committee members pressed sponsors and DOJ on funding and timing. Representative Staffman asked why the sponsor proposed unallocated marijuana tax revenue rather than general-fund dollars; proponents said the marijuana surplus was identified as a non-disruptive source that would not draw down already-allocated programs. Members also sought reassurance that the bill would not disrupt forensic-lab operations; DOJ responded it would not.

Lawmakers and witnesses discussed uncertainty about how many exams the fund would need to cover. DOJ said conservative modeling estimated roughly 500 exams at $1,000 each plus program costs, putting the amendmentfigure near $780,000 plus $20,000 for kits and invoicing. Witnesses warned that inadequate appropriation could force OVS to exhaust funds and divert money from other victim services.

Senator Phelan closed by characterizing the bill as an effort to ensure equitable access and relieve small and rural agencies of unpredictable costs. The committee did not take a vote during the hearing; proponents and DOJ urged the committee to adopt the offered amendments to address implementation and funding adequacy.

The committee closed the hearing on SB 491 and moved on to the next item on its agenda.