(1) The Department of Justice has been appropriated funds to reimburse counties for expert witness expenses in certain criminal proceedings. 

(2) The funds shall be used to compensate expert witnesses in felony charges filed under Title 45, chapter 5, parts 1 or 5, MCA, except in cases for which the death penalty is being sought by the prosecution and when the witness fees and expenses must be paid by the office of court administrator as provided in 3-5-901, MCA.

(3) County attorneys shall submit a request for reimbursement to the attorney general by April 1 of each year for reimbursement of these expert witness expenses on a form prescribed by the Department of Justice.

(4) The attorney general shall make reimbursement determinations based on the following conditions:

(a) $5,000 shall be reserved for each county with a population of 30,000 or more based on the most recent census data;

(b) the remaining balance shall be appropriated to counties with a population less than 30,000 based on the most recent census data; and

(c) the seriousness of the charge(s), complexity of the case, and financial need of the county.

(5) The attorney general shall make reimbursement determinations by May 1 of each year.

(6) Should there be unused funds, the Department of Justice at its discretion may reimburse counties for other civil and criminal cases.