J.A. v. Lake County

¶1 Appellant, Department of Corrections (hereafter, DOC) appeals from the order of the Twentieth Judicial District Court.

¶2 We reverse in part and affirm in part.

¶3 The following issues are presented on appeal:

¶4 1. Whether the District Court erred in concluding that § 52-5-109, MCA, is unconstitutional.

¶5 2. Whether DOC’s request that Lake County comply with § 52-5-109, MCA, was an unfunded mandate in violation of § 1-2-116, MCA.

Standard of Review

¶6 We review a district court’s conclusions of law to determine whether they are correct. Steer, Inc. v. Dept. of Revenue (1990), 245 Mont. 470,…