reglab/housing_qa huggingface dataset:
MT Code § 53-30-402 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 4. Boot Camp Incarceration Program (Repealed)|53-30-402. Repealed

  53-30-402. Repealed. Sec. 24, Ch. 384, L. 2017.   History: En. Sec. 2, Ch. 463, L. 1993; amd. Sec. 3, Ch. 386, L. 2003.
MT Code § 53-30-403 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 4. Boot Camp Incarceration Program (Repealed)|53-30-403. Repealed

  53-30-403. Repealed. Sec. 24, Ch. 384, L. 2017.   History: En. Sec. 3, Ch. 463, L. 1993; amd. Sec. 9, Ch. 505, L. 1999; amd. Sec. 58, Ch. 7, L. 2001; amd. Sec. 2, Ch. 78, L. 2003; amd. Sec. 112, Ch. 114, L. 2003.
MT Code § 53-30-501 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-501. Short title

  53-30-501. Short title. This part may be known and cited as the "Regional Correctional Facility Act".   History: En. Sec. 1, Ch. 316, L. 1995.
MT Code § 53-30-502 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-502. Purpose

  53-30-502. Purpose. It is the purpose of this part to provide a method by which the state and local governments can make the most efficient use of their powers and resources by enabling them to cooperate to fulfill their respective responsibilities of providing services and facilities for the incarceration and rehabilitation of criminal offenders at regional correctional facilities. The state and local governments are encouraged to use innovative means in accomplishing this purpose.   History: En. Sec. 2, Ch. 316, L. 1995.
MT Code § 53-30-503 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-503. Definitions

  53-30-503. Definitions. As used in this part, the following definitions apply:   (1) "Corporation" means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity.   (2) "Department" means the department of corrections.   (3) "Interlocal cooperation commission" means a commission established in accordance with Title 7, chapter 11, part 2.   (4) "Local governmental entity" means:   (a) a local governmental unit;   (b) a multijurisdictional service district; or   (c) an interlocal cooperation commission.   (5) "Multijurisdictional service district" means a district established in accordance with Title 7, chapter 11, part 10.   (6) "Regional correctional facility" means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department.   History: En. Sec. 3, Ch. 316, L. 1995; amd. Sec. 28, Ch. 189, L. 1997; amd. Sec. 1, Ch. 224, L. 1997; amd. Sec. 18, Ch. 491, L. 1999; amd. Sec. 37, Ch. 286, L. 2009.
MT Code § 53-30-505 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-505. Contract time limit

  53-30-505. Contract time limit. A contract entered into under 53-30-504 may not exceed a term of 30 years and must contain provisions for renegotiation after 30 years. The provisions of 18-4-313 that limit the term of a contract do not apply to a contract authorized by 53-30-504.   History: En. Sec. 5, Ch. 316, L. 1995; amd. Sec. 6, Ch. 455, L. 1997.
MT Code § 53-30-506 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-506. Local governmental entity option to purchase facility owned by state

  53-30-506. Local governmental entity option to purchase facility owned by state. If, under a contract entered into under 53-30-504, the state constructs and owns a regional correctional facility, the contract may provide an option for the local governmental entity or corporation to purchase the facility.   History: En. Sec. 6, Ch. 316, L. 1995; amd. Sec. 3, Ch. 224, L. 1997.
MT Code § 53-30-508 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-508. through 53-30-510 reserved

  53-30-508 through 53-30-510 reserved.
MT Code § 53-30-511 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 5. Regional Correctional Facility Act|53-30-511. Local governmental entity authorized to enter into long-term contracts and to incur indebtedness -- noncompetition clause

  53-30-511. Local governmental entity authorized to enter into long-term contracts and to incur indebtedness -- noncompetition clause. (1) A local governmental entity may enter into a long-term lease or agreement, not to exceed a term of 30 years, with a corporation proposing to operate a regional detention facility under this part. The local governmental entity may agree in the long-term lease or agreement to acquire the facility from the corporation through a lease or a lease option to purchase, subject to the limitations of Title 7, chapter 7, part 21.   (2) A contract may also contain a covenant by the local governmental entity that if the contract is terminated for nonappropriation of funds by the local governmental entity, the local governmental entity agrees not to purchase, lease, or rent property to perform the functions performed by the corporation and agrees not to permit the functions to be performed by its own employees or by any local governmental entity for a specified period of not less than 1 year and not more than the remaining original term of the contract.   History: En. Sec. 5, Ch. 224, L. 1997.
MT Code § 53-30-601 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-601. Policy

  53-30-601. Policy. It is the policy of the state of Montana to encourage innovative methods to provide the correctional resources necessary to confine persons convicted of crimes. The state recognizes that there may be benefits to confining convicted persons in private correctional facilities operated consistently with public policy.   History: En. Sec. 1, Ch. 511, L. 1997.
MT Code § 53-30-602 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-602. Definitions

  53-30-602. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of corrections provided for in 2-15-2301.   (2) (a) "Private correctional facility" means a correctional facility that is either privately operated or privately owned and operated.   (b) The term does not include a private detention center or a regional jail governed by Title 7, chapter 32, part 22.   History: En. Sec. 2, Ch. 511, L. 1997; amd. Sec. 21, Ch. 491, L. 1999.
MT Code § 53-30-603 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-603. Private correctional facilities -- confinable persons

  53-30-603. Private correctional facilities -- confinable persons. (1) An individual, corporation, partnership, association, or other private organization or entity may not construct a private correctional facility in this state unless authorized by the department.   (2) An individual, corporation, partnership, association, or other private organization or entity may not operate a private correctional facility in this state unless licensed by the department. A license is nontransferable.   (3) A person convicted in any state or U.S. federal court may be confined in a private correctional facility in this state pursuant to approval by the department of a written agreement between the originating jurisdiction and the private correctional facility if the person is at all times and in all places within the correctional facility kept physically separated from persons convicted in this state. The agreement must include provisions for returning an out-of-state inmate to the originating jurisdiction prior to the inmate's parole or release.   History: En. Sec. 3, Ch. 511, L. 1997; amd. Sec. 22, Ch. 491, L. 1999; amd. Sec. 1, Ch. 362, L. 2003.
MT Code § 53-30-604 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-604. Department duties and responsibilities -- rulemaking authority

  53-30-604. Department duties and responsibilities -- rulemaking authority. (1) (a) The department shall adopt administrative rules that include the minimum applicable standards for the siting, construction, operation, and physical condition of a private correctional facility and for the security, safety, health, treatment, and discipline of persons confined in a private correctional facility.  (b) The administrative rules must require that a private correctional facility conform to applicable American correctional association and national commission on correctional health care standards for the facility and achieve accreditation from the American correctional association and national commission on correctional health care within 3 years from the date the facility begins operation.   (c) The administrative rules must provide for review and approval of facility design and construction by the department of administration.   (2) Within 90 days of May 2, 1997, and on a biennial basis, the department shall publish a description of the long-range correctional needs, objectives, and goals of the department and the state.   (3) The department shall at least annually inspect each private correctional facility to determine compliance with this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements.   (4) The department shall present a report of compliance inspections to the legislature in accordance with 5-11-210.   History: En. Sec. 4, Ch. 511, L. 1997; amd. Sec. 94, Ch. 261, L. 2021.
MT Code § 53-30-607 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-607. Licensure limitations -- siting of private correctional facilities

  53-30-607. Licensure limitations -- siting of private correctional facilities. (1) The department may not grant a license to a private correctional facility located within 1 mile of a public or nonpublic school, not including a home school. However, if a public or nonpublic school is established after a facility has been approved, the department may not prevent the private correctional facility from operating because of this subsection (1).   (2) The department may not grant a license to a private correctional facility unless there has been a public hearing in the county in which the private correctional facility is to be located and unless the county commissioners approve the location of the private correctional facility by a majority vote. If the proposed facility is to be located within the limits of a municipality, the department may not grant a license to a private correctional facility unless there has been a public hearing in the municipality and the local governing body approves the location of the private correctional facility by a majority vote.   (3) If the siting of a private correctional facility is proposed within 7 1/2 miles of an adjacent county or if the department determines that there are reasonable expectations that the siting may have a significant impact on an adjacent county, the department may not grant a license to a private correctional facility unless there has been a public hearing in the adjacent county and unless the concerns of the adjacent county have been considered.   History: En. Sec. 7, Ch. 511, L. 1997.
MT Code § 53-30-608 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-608. Contracts with owners or operators of private correctional facilities

  53-30-608. Contracts with owners or operators of private correctional facilities. (1) Upon request of the legislative audit committee, the legislative audit division shall review the procedures by which a contract was awarded and shall review each contract prior to execution to determine if the contract includes the requirements provided in this part.   (2) A contract with an owner or operator of a private correctional facility must be awarded to the contractor who best meets the needs of the state and the department and demonstrates the capability of providing services requested.   (3) A contract must specify the type and level of services to be provided by the contractor. The contract must provide that a private contractor may not:   (a) choose the correctional facility to which an inmate is initially or subsequently assigned. A contractor may request the department to transfer an inmate to a state facility or to another private correctional facility.   (b) develop or adopt disciplinary rules that differ from the disciplinary rules, penalties, and policies of the department;   (c) make a decision that affects the sentence imposed on an inmate or the time served by an inmate;   (d) make recommendations to the board of pardons and parole with respect to the denial or granting of parole or release, except to submit reports to the board of pardons and parole and to respond to requests by the department or the board of pardons and parole;   (e) develop or implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the department;   (f) determine inmate eligibility for any form of release from a correctional facility; or   (g) use an inmate classification system unless it is approved by the department.   (4) Contracts may not exceed a term of 30 years and must contain provisions for renegotiation after 30 years. The provisions of 18-4-313 that limit the term of a contract do not apply to a contract authorized by this section.   (5) The contract must specify that the private correctional facility shall grant access to the legislative audit division or a person contracting with the legislative audit division for compliance auditing. The contractor shall provide access to all areas of the facility and to all records maintained onsite or offsite that pertain to all aspects of the facility, including but not limited to operation, financial, and inmate records.   History: En. Sec. 8, Ch. 511, L. 1997.
MT Code § 53-30-609 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-609. Contractor costs responsibility

  53-30-609. Contractor costs responsibility. (1) The contractor is responsible for costs incurred by the state or any political subdivision of the state for legal costs relating to escapes, riots or disturbances, or other natural or human-caused events that occur at the facility because of the contractor's negligence, errors, omissions, intentional acts, or failure to comply with the terms of the contract.   (2) The contractor is responsible for all reasonable costs and expenses incurred by the state or a political subdivision of the state for defense of causes of action brought by or on behalf of an inmate that accrue while an inmate is incarcerated at a private correctional facility.   (3) The provisions of this part are not intended to create a private or public cause of action for any person, partnership, corporation, or other entity, including any inmate housed within any private correctional facility or any inmate housed within the state of Montana.   History: En. Sec. 9, Ch. 511, L. 1997.
MT Code § 53-30-610 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 6. Private Correctional Facilities|53-30-610. Restrictions on inmate movements

  53-30-610. Restrictions on inmate movements. An inmate may not leave the secure premises of a private correctional facility except to comply with a court order, to receive medical care that is not available at the private correctional facility, or as part of a work program without the express written approval of the department. Any movement of an inmate outside of the secure premises of the private correctional facility must be in compliance with approved policies and procedures established by the department.   History: En. Sec. 10, Ch. 511, L. 1997.
MT Code § 53-30-701 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-701. Policy -- restrictive housing

  53-30-701. Policy -- restrictive housing. (1) It is the policy of the state of Montana that the department of corrections and the facilities it operates or with which it contracts maintain safe, secure housing for inmates who require separation from the general inmate population for detention or for safety and security reasons.   (2) Restrictive housing should be used only:   (a) as a response to the most serious and threatening behavior;   (b) for the shortest time possible; and   (c) with the least restrictive conditions possible.   History: En. Sec. 1, Ch. 482, L. 2019.
MT Code § 53-30-704 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-704. through 53-30-706 reserved

  53-30-704 through 53-30-706 reserved.
MT Code § 53-30-707 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-707. Admission -- status review

  53-30-707. Admission -- status review. (1) The procedures established by an adult facility as required in 53-30-703(7) must include:   (a) a documented process to admit an inmate to a restrictive housing unit. An inmate may be admitted for protective custody only when there is documentation that this status is warranted and no reasonable alternatives were available.   (b) a status review of an inmate in administrative segregation and protective custody every 7 days for the first 60 days of the inmate's placement and at least every 30 days after the first 60 days. The reviews must be conducted by a classification committee or other staff group.   (c) that, in nonemergent circumstances, an inmate may not be disciplined, placed on a behavior management plan, classified, or reclassified to a restrictive housing unit based on the inmate's disability or mental disorder or on behavior that is a product of the inmate's disability or mental disorder unless the placement is after a prompt and appropriate evaluation by a qualified mental health professional;   (d) a documented review process to release an offender from administrative segregation or protective custody;   (e) that an inmate may not be placed in prehearing confinement or in restrictive housing based solely on the inmate's disability or mental disorder or on behavior that is a product of the inmate's disability or mental disorder unless, after a prompt and appropriate evaluation by a qualified mental health professional, the qualified mental health professional determines that the inmate presents such an immediate and serious danger that there is no reasonable alternative. If the inmate is placed in prehearing confinement or in restrictive housing, the inmate must be evaluated by a qualified mental health professional within 48 hours and regularly reevaluated every 14 days with the goal of securing appropriate treatment and reintegrating the inmate into the general population.   (f) that a hearing by a disciplinary committee or a hearings officer must be completed before an inmate is placed in disciplinary detention for a rule violation; and   (g) that an inmate held in disciplinary detention for a period exceeding 60 days must be provided the same program services and privileges as inmates in administrative segregation or protective custody. The administrator or the administrator's designee shall review and approve the services and privileges to be allowed under this subsection (1)(g).   (2) A new adult inmate placed directly into restrictive housing will receive written orientation materials and, if required, translations in the inmate's own language. When a literacy problem exists, a staff member may assist the inmate in understanding the material. Completion of orientation must be documented by a statement signed and dated by the inmate.   History: En. Sec. 4, Ch. 482, L. 2019.
MT Code § 53-30-709 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-709. Supervisory oversight

  53-30-709. Supervisory oversight. Procedures established pursuant to 53-30-703(7) must:   (1) provide that an adult inmate in restrictive housing or protective custody must receive daily visits from the shift supervisor or supervisor in charge, daily visits from a qualified health care professional unless more frequent visits are indicated, and visits from members of the program staff on request;   (2) require that an adult inmate in restrictive housing is personally observed by a correctional officer at least every 30 to 60 minutes on an irregular schedule. An adult inmate who is violent or mentally disordered or who demonstrates unusual or bizarre behavior must receive more frequent observation. Suicidal offenders must be under continuing observation.   (3) govern the selection criteria, supervision, and rotation of staff who work directly with inmates in restrictive housing units on a regular and daily basis.   History: En. Sec. 6, Ch. 482, L. 2019.
MT Code § 53-30-710 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-710. Recordkeeping

  53-30-710. Recordkeeping. (1) A facility with a restrictive housing unit shall comply with the general recordkeeping requirements provided in department policy.   (2) Procedures adopted pursuant to 53-30-703(7) must require that staff operating restrictive housing units maintain permanent logs and records that adequately document the activities, programs, and visitation patterns of the unit and of individual inmates. Staff shall maintain records that include the following:   (a) all admissions and releases, including date of action, time of action, reason for admission or release, and authorizing official or committee;   (b) a record of visitors, including all official visits by staff members, medical staff visits, and the time, date, and signature of each visitor;   (c) notations of unusual behavior by an inmate or the inmates in the unit as a whole; and   (d) information from and observations by staff that are forwarded for staff action and observation during future shifts.   History: En. Sec. 7, Ch. 482, L. 2019.
MT Code § 53-30-711 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 30. Corrections|Part 7. Restrictive Housing|53-30-711. through 53-30-715 reserved

  53-30-711 through 53-30-715 reserved.