For the purposes of this chapter, the following definitions apply:

(1) "Department" means the Department of Corrections as authorized in 2-15-2301, MCA.

(2) "Exonerated person" means a person who was convicted of a felony offense in the state of Montana; was incarcerated in a state prison for the felony offense; and whose felony offense was overturned or later dismissed based on the results of postconviction forensic DNA testing that exonerated the person of the crime for which the person was convicted and incarcerated.

(1) There is a program that may pay education expenses for exonerated persons. The department may pay educational expenses for an exonerated person as described in these rules. Educational reimbursement is contingent upon legislative appropriation of funds for this purpose.

(2) To be eligible for educational reimbursement the exonerated person must have:

(a) been convicted of a felony criminal offense in the state of Montana;

(b) been imprisoned in a state prison as described in 53-30-101, MCA, or in a prison out-of-state as a result of transfer through the interstate compact as a result of the conviction;

(c) had the felony criminal offense for which the exonerated person was imprisoned overturned or dismissed by a court of competent jurisdiction; and

(d) had the conviction overturned or dismissed as a result of postconviction forensic DNA testing.

(3) An exonerated person is eligible to receive benefits under these rules for ten years after the exonerated person's release from incarceration.

(1) For an exonerated person to receive educational aid the person must submit an application to the department's main office in Helena, Montana on a form made available at the department's main office or on the department's web site. The main office address is: Department of Corrections, 5 South Last Chance Gulch, Helena, Montana, 59620.

(2) The application must be received by the department 30 days before the person incurs the expense for which the person requests payment.

(3) The exonerated person must submit the following items along with the completed application:

(a) the exonerated person's judgment of imprisonment or commitment to the Department of Corrections;

(b) a certified copy of the document that overturned or dismissed the conviction for which the person was incarcerated; and

(c) documentation that the conviction was overturned as a result of postconviction forensic DNA testing.

(4) If the application meets the criteria listed in ARM 20.26.102(2), the department will approve the application. After the application has been approved, the department will send the exonerated person a letter stating the exonerated person is designated as an exonerated person eligible to receive aid at the institutions and for the expenses listed in these rules.

(5) The designation of exonerated person entitles the exonerated person to receive benefits for up to five years from the time the exonerated person begins an educational program that is reimbursed under these rules, but in no instance will the department reimburse the exonerated person beyond the time the exonerated person attains a degree or ten years after the exonerated person was released from incarceration.

(1) The department will pay an eligible exonerated person's expenses associated with the following educational institutions that are designated as approved educational institutions:

(a) a Montana community college;

(b) a unit of the Montana university system, as described in 20-25-201, MCA; or

(c) any accredited Montana tribally controlled community college.

(2) The department will pay an eligible exonerated person's expenses associated with:

(a) efforts to meet admission standards or requirements for admission at one of the above listed educational institutions including:

(i) a course of study to satisfy requirements for a certificate of equivalency of completion of secondary education (GED); and

(ii) assistance in completing any adult education program or courses.

(3) Upon proper proof and documentation as outlined in ARM 20.26.105, the department will pay the eligible exonerated person's expenses for tuition, fees, books, and room and board.

(1) To receive benefits the exonerated person, on a form provided by the department, must establish and show proof of admission to an educational institution listed in ARM 20.26.104 and current enrollment or enrollment in a program of preparation for admission to an approved educational institution.

(2) Upon establishment of admission or enrollment, the department will establish a payment plan with the exonerated person.

(a) The department will pay the costs for tuition, fees, and room and board directly to the educational institution or program.

(b) The department will maintain a form for the exonerated person to estimate expenses for books. Expenses for books will be paid to the exonerated person with presentation of the appropriately executed form that outlines the necessary books and their costs.

(c) If the exonerated person does not live on campus during the period of enrollment in an educational program, the department will pay the exonerated person the average amount of room and board charged at a unit of the Montana university system for the duration of active enrollment.

(3) The exonerated person must furnish proof of enrollment for each new educational period, the beginning of each semester, or the beginning of each educational course in preparation for college admission.