MT Code § 53-30-702 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-702. Definitions

  53-30-702. Definitions. As used in this part, the following definitions apply:  (1) "Administrative segregation" means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation.   (2) "Administrator" means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program.   (3) "Department" means the department of corrections provided for in 2-15-2301.   (4) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment.   (5) "Disciplinary detention" means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time.   (6) "Facility" means a state prison as defined in 53-30-101(1), (2), and (4) or a correctional facility pursuant to 52-5-101.   (7) "Mental disorder" means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. The individual also must:   (a) currently have or have had within the past year a diagnosed mental disorder; and   (b) currently exhibit significant signs and symptoms of a mental disorder.   (8) "Postpartum" means the first 6 weeks after delivery.   (9) "Prehearing confinement" means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates.   (10) "Protective custody" means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety.   (11) "Qualified mental health professional" includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients.   (12) "Restrictive housing" means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. The term includes administrative segregation, protective custody, and disciplinary detention if the conditions of confinement require inmates to be confined to a cell for at least 22 hours a day.   (13) (a) "Severe mental illness" means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life.   (b) Intellectual disability, epilepsy, other developmental disabilities, alcohol or substance abuse, or brief periods of intoxication or criminal behavior do not alone constitute severe mental illness. The individual must also:   (i) currently have or have had within the past year a diagnosed mental disorder; and   (ii) currently exhibit significant signs and symptoms of a mental disorder.   (14) "Step-down program" means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners.   (15) "Temporary confinement" has the same meaning as "prehearing confinement" as defined in this section.   History: En. Sec. 2, Ch. 482, L. 2019; amd. Sec. 53, Ch. 339, L. 2021; amd. Sec. 1, Ch. 557, L. 2021.