reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-104. Program administration -- rulemaking

53-25-104. Program administration -- rulemaking.
(1) There is a Montana achieving a better life experience program. The department shall ensure that the program meets the requirements for an achieving a better life experience program under section 529A of the Internal Revenue Code, 26 U.S.C. 529A. The program administrator may request a private letter ruling from the internal revenue service or the United States secretary of health and human services and shall take any necessary steps to ensure that the program qualifies under federal law.
(2) The department may contract with an independent service provider as program administrator, in consultation with the committee. In considering potential independent service providers, the department shall consider each prospective provider's prior experience with disabled individuals and programs for disabled individuals, along with its other qualifications. If the department appoints one of its employees to act as program administrator, the department may contract with independent service providers to provide services including but not limited to establishing accounts, providing information about investment choices, meeting notice requirements, providing account statements, and other services typically utilized by investment and savings plans. The department may require participating financial institutions to pay the costs of the independent service provider.
(3) The department shall:
(a) establish by rule the terms and conditions of the program subject to the requirements of this chapter and section 529A of the Internal Revenue Code, 26 U.S.C. 529A;
(b) as required under section 529A(d) of the Internal Revenue Code, 26 U.S.C. 529A(d), require the program administrator to submit:
(i) upon the establishment of each account, a notice to the United States secretary of the treasury containing the name and state of residence of the designated beneficiary and any other information the secretary may require; and
(ii) electronically on a monthly basis to the United States commissioner of social security, statements on the relevant distributions and account balances of all accounts in the state.
(4) The department may allow the residents of other states access to the program.
History: En. Sec. 4, Ch. 436, L. 2015; amd. Sec. 2, Ch. 30, L. 2019; amd. Sec. 3, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-105. Program oversight committee -- membership -- powers and duties

53-25-105. Program oversight committee -- membership -- powers and duties.
(1) The department shall establish a program oversight committee under the authority of the department.
(2) The committee must consist of five members as follows:
(a) the director of the department of public health and human services or the director's designee;
(b) the director of the department of administration or the director's designee; and
(c) three members of the general public, one of whom possesses knowledge, skill, and experience in accounting, risk management, or investment management or as an actuary, one of whom has experience working on behalf of disabled individuals, and one of whom has a disability.
(3) (a) Except as provided in subsection (3)(b), the governor shall appoint the public members of the committee to staggered terms of 4 years. The members are not subject to senate confirmation.
(b) The governor shall make the initial appointment of the public members as follows:
(i) one person to serve a 2-year term;
(ii) one person to serve a 3-year term; and
(iii) one person to serve a 4-year term.
(4) The committee shall select a presiding officer and a vice presiding officer from among the committee's membership.
(5) A majority of the membership constitutes a quorum for the transaction of business. The committee shall meet at least once a year, with additional meetings called by the presiding officer.
(6) The committee:
(a) shall recommend financial institutions for approval by the department to act as the managers of accounts as provided in 53-25-112; and
(b) may submit proposed policies to the department to help implement and administer this chapter.
(7) The committee is allocated to the department for administrative purposes only, as provided in 2-15-121.
(8) Members of the committee must be compensated as provided in 2-15-124.
History: En. Sec. 5, Ch. 436, L. 2015; amd. Sec. 4, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-110. Qualified and nonqualified withdrawals -- rulemaking

53-25-110. Qualified and nonqualified withdrawals -- rulemaking.
(1) A designated beneficiary or agent may withdraw all or part of the balance from an account under rules prescribed by the department. The rules must be used to help the department or program administrator to determine whether a withdrawal is a nonqualified withdrawal or a qualified withdrawal to the extent that the department concludes that it is necessary for the department or program administrator to make that determination.
(2) Upon the death of a designated beneficiary, any amount remaining in the account must be distributed pursuant to section 529A(f) of the Internal Revenue Code, 26 U.S.C. 529A(f).
(3) A designated beneficiary or agent may request a nonqualified withdrawal at any time. Nonqualified withdrawals are subject to a federal additional tax pursuant to section 529A of the Internal Revenue Code, 26 U.S.C. 529A.
(4) If a distribution is made from an account to any person or for the benefit of any person during a calendar year, the distribution must be reported to the internal revenue service and to the designated beneficiary or agent to the extent required by federal law.
History: En. Sec. 7, Ch. 436, L. 2015; amd. Sec. 6, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-111. Changes in designated beneficiary

53-25-111. Changes in designated beneficiary.
(1) A designated beneficiary or agent may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary in accordance with procedures established by the department.
(2) If requested by a designated beneficiary or agent, all or a portion of an account may be transferred through a rollover distribution to another account for which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account.
(3) Changes in designated beneficiaries and rollover distributions under this section are not permitted if the changes or rollover distributions would violate:
(a) the excess contributions provisions adopted by the department; or
(b) the investment choice provisions of 53-25-112.
History: En. Sec. 8, Ch. 436, L. 2015; amd. Sec. 7, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-113. Limitations

53-25-113. Limitations.
(1) This chapter may not be construed to establish state residency for a person merely because the person is a designated beneficiary.
(2) This chapter does not establish any obligation of this state or of an agency or instrumentality of this state to guarantee for the benefit of a designated beneficiary, agent, or contributor:
(a) the return of any amounts contributed to an account;
(b) the rate of interest or other return on an account; or
(c) the payment of interest or other return on an account.
(3) Under rules adopted by the department, each contract, application, and offering or disclosure document, and any other type of document identified by the department that may be used in connection with a contribution to an account, must clearly indicate that the account is not insured by the state and that the principal deposited and any investment return are not guaranteed by the state.
History: En. Sec. 10, Ch. 436, L. 2015; amd. Sec. 9, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-117. Deductions for contributions

53-25-117. Deductions for contributions.
An individual who contributes to one or more accounts established pursuant to this chapter in a tax year is entitled to reduce the individual's Montana taxable income, in accordance with 15-30-2120, by the total amount of the contributions, but not more than $3,000, if the individual is:
(1) the designated beneficiary;
(2) the spouse of the designated beneficiary; or
(3) a parent, grandparent, sibling, or child related to the designated beneficiary by blood, marriage, or legal adoption.
History: En. Sec. 11, Ch. 436, L. 2015; amd. Sec. 10, Ch. 433, L. 2019; amd. Sec. 56, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-119. Access to records

53-25-119. Access to records.
Information that identifies the contributor, agent, or designated beneficiary of an account is exempt from the provisions of 2-6-1003 and any other provision of law permitting the public inspection or copying of documents.
History: En. Sec. 13, Ch. 436, L. 2015; amd. Sec. 66, Ch. 348, L. 2015; amd. Sec. 12, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-120. Account not counted as resource

53-25-120. Account not counted as resource.
Unless required by federal law or regulation, money in any account established pursuant to 26 U.S.C. 529A may not be counted as a resource in determining eligibility for an assistance program operated under Title 53 or any other federal, state, or local government means-tested program.
History: En. Sec. 14, Ch. 436, L. 2015.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-121. Achieving a better life experience savings trust

53-25-121. Achieving a better life experience savings trust.
(1) There is an achieving a better life experience savings trust that is an instrumentality of the state and that is created for a public purpose. The trust consists of trust interests, with each trust interest corresponding to an account. The assets of an account may not be commingled with the assets of any other account. The assets and earnings of an account may not be used to satisfy the obligations of any other account. Each account represents a trust interest in the trust and includes amounts received by the program pursuant to the participating trust agreement and the interest and investment income earned by the trust account.
(2) The assets of the trust consist of investments and earnings on investments of funds received by the program as deposits to accounts and as amounts transferred to the trust from accounts established prior to October 1, 2015.
(3) In accordance with the instructions of the designated beneficiary or agent, the trustee shall invest funds deposited in each account in permitted investment products as provided in this chapter. The trustee or a financial institution acting on behalf of the trustee shall pay or apply funds from each account for qualified withdrawals, nonqualified withdrawals, penalties, and withholdings.
(4) A designated beneficiary or agent may execute a participating trust agreement and have funds that are held by financial institutions in accounts established prior to October 1, 2015, transferred to the trust and to the transferor's account.
History: En. Sec. 15, Ch. 436, L. 2015; amd. Sec. 13, Ch. 433, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-122. Exemption from claims of creditors

53-25-122. Exemption from claims of creditors.
(1) Except as provided in subsection (3) and 26 U.S.C. 529A, up to $100,000 of assets and earnings held in and distributions from the trust by or on behalf of a contributor or designated beneficiary of a participating trust agreement are exempt from all claims of creditors of the contributor or designated beneficiary.
(2) Subsection (1) applies to assets and earnings held in and distributions from a qualified program established as provided in section 529A of the Internal Revenue Code, 26 U.S.C. 529A, and maintained by another state if the contributor or designated beneficiary is a Montana resident.
(3) Assets, earnings, and distributions are not protected from claims if the contribution violates the Uniform Fraudulent Transfer Act provided for in Title 31, chapter 2, part 3, or 11 U.S.C. 548.
History: En. Sec. 2, Ch. 108, L. 2019; amd. Sec. 1, Ch. 31, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-101. State prison -- definition

53-30-101. State prison -- definition.
As used in this title, unless the context indicates otherwise, "state prison" means:
(1) a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;
(2) a state penal or correctional facility portion of a Montana regional correctional facility;
(3) a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106;
(4) a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or
(5) a combination of the facilities listed in this section.
History: En. Sec. 24, Ch. 199, L. 1965; R.C.M. 1947, 80-1901; amd. Sec. 9, Ch. 651, L. 1991; amd. Sec. 15, Ch. 579, L. 1993; amd. Sec. 26, Ch. 624, L. 1993; amd. Sec. 62, Ch. 18, L. 1995; amd. Sec. 505, Ch. 546, L. 1995; amd. Sec. 24, Ch. 189, L. 1997; amd. Sec. 15, Ch. 491, L. 1999; amd. Sec. 50, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-102. Qualifications of state prison warden

53-30-102. Qualifications of state prison warden.
The warden of a state prison must be trained through education and experience in directing a custody, treatment, training, or rehabilitation program in a penal or correctional institution.
History: En. Sec. 25, Ch. 199, L. 1965; R.C.M. 1947, 80-1902; amd. Sec. 10, Ch. 651, L. 1991; amd. Sec. 506, Ch. 546, L. 1995; amd. Sec. 25, Ch. 189, L. 1997; amd. Sec. 51, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-103. Repealed

53-30-103. Repealed.
Sec. 1, Ch. 359, L. 1985.
History: En. Sec. 26, Ch. 199, L. 1965; amd. Sec. 1, Ch. 232, L. 1969; R.C.M. 1947, 80-1903.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-104. Punishment of inmates

53-30-104. Punishment of inmates.
Barbarous punishments may not be prescribed for an inmate of the state prison, and an inmate, as punishment, may not be deprived of the inmate's normal provision of food while being compelled to work the usual number of hours per day.
History: En. Sec. 27, Ch. 199, L. 1965; R.C.M. 1947, 80-1904; amd. Sec. 1929, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-105. Repealed

53-30-105. Repealed.
Secs. 12(2), 13, Ch. 372, L. 1995.
History: En. Sec. 28, Ch. 199, L. 1965; amd. Sec. 1, Ch. 219, L. 1967; amd. Sec. 1, Ch. 113, L. 1974; amd. Sec. 1, Ch. 312, L. 1975; R.C.M. 1947, 80-1905; amd. Sec. 1, Ch. 588, L. 1981; amd. Sec. 1, Ch. 130, L. 1983; amd. Sec. 1, Ch. 240, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 16, Ch. 579, L. 1993; amd. Sec. 10, Ch. 372, L. 1995; amd. Sec. 507, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-106. Excessive inmate population -- confinement of inmates in other institutions

53-30-106. Excessive inmate population -- confinement of inmates in other institutions.
(1) If the inmate population of a correctional institution or system exceeds the emergency capacity for 30 consecutive days, the director of the department of corrections may declare that the emergency capacity has been exceeded and temporarily stop admissions to the institution or system. The director shall notify each sheriff and district court that new inmates will not be accepted by the department for admission into the institution or system until the inmate population is reduced to 95% or less of the emergency capacity. Persons committed to the department and persons sought to be admitted remain in the department's legal custody but must be kept in a detention center in the jurisdiction holding them. In the event the jurisdiction holding the inmate is at maximum capacity, the inmate may be placed in an available detention center in another jurisdiction. The department shall reimburse that jurisdiction for the cost of detention for the period beyond the normal time of delivery to a correctional institution administered by the department. Reimbursement must be at a rate mutually agreeable to the department and the jurisdiction holding the person. The rate must cover the reasonable costs of the holding jurisdiction. Expenses for medication, medical services, or hospitalization for persons confined in a detention center under this section must be paid by the department.
(2) The department may enter into contracts with the federal government, other states, or the commissioners of counties that have suitable detention centers for confining inmates committed to a correctional institution or system administered by the department, either because a correctional institution or system has exceeded its emergency capacity or because the department has no institution that is adequate for certain inmates.
(3) Within budgetary limits, the department may also enter into contracts with public or private corporations for the confinement of selected inmates if suitable programs have been established.
History: En. Sec. 30, Ch. 199, L. 1965; R.C.M. 1947, 80-1907; amd. Sec. 1, Ch. 304, L. 1981; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 736, L. 1991; amd. Sec. 508, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-107. Repealed

53-30-107. Repealed.
Sec. 1, Ch. 41, L. 1983.
History: En. Sec. 1, Ch. 221, L. 1969; amd. Sec. 54, Ch. 120, L. 1974; R.C.M. 1947, 80-1909.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-108. Repealed

53-30-108. Repealed.
Sec. 1, Ch. 41, L. 1983.
History: En. Sec. 2, Ch. 221, L. 1969; R.C.M. 1947, 80-1910.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-109. Repealed

53-30-109. Repealed.
Sec. 1, Ch. 41, L. 1983.
History: En. Sec. 3, Ch. 221, L. 1969; R.C.M. 1947, 80-1911.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-110. Expense of trial for offenses committed in prison

53-30-110. Expense of trial for offenses committed in prison.
(1) Whenever a trial of any person takes place under any of the provisions of 45-7-306 or whenever a prisoner in the state prison is tried for any crime committed in prison, the county clerk of the county where the trial is held shall make out a statement of all the costs incurred by the county for the trial of the case and of guarding and keeping the prisoner. The statement must be certified by a district judge of the county.
(2) The statement must be sent to the department of corrections for its approval. After the approval, the department shall pay the costs out of the money appropriated for the support of the state prison to the county treasurer of the county where the trial was held.
(3) Public defender costs, if any, must be paid pursuant to the Montana Public Defender Act provided for in Title 47, chapter 1.
History: En. Sec. 226, Pen. C. 1895; re-en. Sec. 8228, Rev. C. 1907; re-en. Sec. 10872, R.C.M. 1921; Cal. Pen. C. Sec. 111; re-en. Sec. 10872, R.C.M. 1935; Sec. 94-4209, R.C.M. 1947; redes. 80-1912 and amd. by Sec. 27, Ch. 513, L. 1973; amd. Sec. 47, Ch. 37, L. 1977; R.C.M. 1947, 80-1912; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 509, Ch. 546, L. 1995; amd. Sec. 61, Ch. 449, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-111. Clothing and money furnished on discharge or parole

53-30-111. Clothing and money furnished on discharge or parole.
The state prison shall furnish suitable clothing to a discharged or paroled inmate. An inmate discharged and delivered to the custody of the federal government or another state must receive $5. All other discharged or paroled inmates may receive "gate money" in an amount up to $100. The department of corrections may establish rules that allow it to deduct up to one-fourth of an inmate's wages earned under 53-30-132 and hold that money in a special account to be disbursed to the inmate when the inmate is discharged or paroled. This amount is in addition to the "gate money".
History: En. Sec. 29, Ch. 199, L. 1965; amd. Sec. 1, Ch. 276, L. 1975; R.C.M. 1947, 80-1906; amd. Sec. 1, Ch. 438, L. 1981; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 510, Ch. 546, L. 1995; amd. Sec. 3, Ch. 315, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-133. Administration of Montana correctional enterprises program

53-30-133. Administration of Montana correctional enterprises program.
(1) (a) The Montana correctional enterprises program need not be a self-supporting program. All revenue raised through the program may be used only for the program, including the payment of inmate wages.
(b) State agencies, local governments, school districts, authorities, and other local government entities are encouraged to use the Montana correctional enterprises program's products and services. State agencies shall cooperate with the department of corrections in notifying governmental entities within the state of the program and of the services and products that are available.
(2) (a) Any price lists established by the department are exempt from the provisions of Title 2, chapter 4, but the department may, if it considers it an effective method of dissemination, publish the price lists.
(b) The Montana correctional enterprises program is subject to program audits by the legislative auditor.
History: En. Sec. 1, Ch. 3, Sp. L. 1982; amd. Sec. 44, Ch. 112, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 39, Ch. 349, L. 1993; amd. Sec. 5, Ch. 471, L. 1993; amd. Sec. 513, Ch. 546, L. 1995; amd. Sec. 5, Ch. 312, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-134. Montana correctional enterprises license plate production operating account

53-30-134. Montana correctional enterprises license plate production operating account.
(1) There is a license plate production operating account of the enterprise fund type, as provided in 17-2-102.
(2) All payments received by the Montana correctional enterprises program under a contract related to the manufacture of license plates, products and services provided for pursuant to 53-30-131 through 53-30-133, and fees paid under 61-3-478 must be deposited in the account.
(3) The money in the license plate production operating account must be used by Montana correctional enterprises for the operation and enhancement of its inmate training and license plate manufacturing enterprise.
History: En. Sec. 5, Ch. 413, L. 2009; amd. Sec. 14, Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-141. Extension of limits of confinement

53-30-141. Extension of limits of confinement.
(1) The department of corrections may extend the limits of confinement of the state prison in Deer Lodge for purposes of housing outside the prison fence inmates who:
(a) are employed in ranch or agricultural industry programs; and
(b) have demonstrated sufficient reliability and trustworthiness.
(2) Housing units outside the confines of the prison fence may be created by renovation of existing buildings or by the erection of modular-type units and associated facilities on the prison ranch.
(3) For the purpose of expediting the acquisition and construction of housing units authorized in subsection (2) the department of administration may exempt the project from provisions of Montana law relating to the employment of architects, advertising, labor, and wages. The department of administration need not comply with any state bidding requirements that would preclude a sole source purchase.
History: En. Secs. 1, 2, Ch. 6, Sp. L. 1982; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 514, Ch. 546, L. 1995; amd. Sec. 52, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-142. Escape from extended confinement

53-30-142. Escape from extended confinement.
Purposeful or knowing failure of an inmate to remain within the extended limits of confinement or to return within the time prescribed by prison officials to the place of confinement designated by the department is an escape punishable as provided in 45-7-306.
History: En. Sec. 3, Ch. 6, Sp. L. 1982; amd. Sec. 1930, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-151. Prison maintenance by inmates

53-30-151. Prison maintenance by inmates.
An inmate of a state prison may be required to:
(1) keep the living quarters assigned to that inmate clean and orderly;
(2) perform general maintenance and repair work on prison grounds and facilities and assist in providing services essential to the administration of the prison, including but not limited to food and laundry services.
History: En. Sec. 1, Ch. 7, Sp. L. 1982; amd. Sec. 27, Ch. 189, L. 1997; amd. Sec. 17, Ch. 491, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-152. Inmates not employees

53-30-152. Inmates not employees.
An inmate working pursuant to 53-30-151 is not an employee, either public or private, and employment rights accorded other classes of workers do not apply to such inmates.
History: En. Sec. 2, Ch. 7, Sp. L. 1982.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-154. Dog obedience training and socialization program -- eligibility -- administration -- fees

53-30-154. Dog obedience training and socialization program -- eligibility -- administration -- fees.
(1) There is a dog obedience training and socialization program at the Montana state prison or any other state-owned or contracted prison facility for the purpose of promoting the well-being of inmates and increasing the adoptability of rescue dogs in the state. The program shall:
(a) partner with local organizations to source rescue dogs from within the state that are in need of basic obedience training and socialization and that meet the requirements of subsection (3);
(b) develop and follow policies and procedures that promote and protect the safety of inmates and dogs; and
(c) engage eligible inmates, under the direction of at least one certified professional dog trainer, in the training and socialization of the rescue dogs using current best practices.
(2) To be eligible to participate in the program, an inmate must:
(a) have no record of animal cruelty;
(b) be in compliance with required treatment; and
(c) meet any additional requirements prescribed by the department pursuant to subsection (5).
(3) To be eligible to participate in the program, a dog:
(a) must have current rabies and bordetella vaccines;
(b) must be in generally good health;
(c) may not pose an obvious risk to inmates and other dogs; and
(d) must meet any additional requirements prescribed by the department pursuant to subsection (5).
(4) The department may offer the dog obedience training and socialization program to members of the public and may set and charge a fee to a member of the public for the dog obedience training and socialization program.
(5) The department shall develop policies and procedures for the administration of the program, including eligibility criteria for inmates and dogs.
History: En. Sec. 1, Ch. 766, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 2. Youthful Offenders (Renumbered and Repealed) › 53-30-201. Repealed

53-30-201. Repealed.
Sec. 26, Ch. 361, L. 1983.
History: En. Sec. 20, Ch. 320, L. 1967; R.C.M. 1947, 80-1704.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-302. Purpose

53-30-302. Purpose.
It is the purpose of this part to:
(1) encourage the development of community corrections facilities and programs by units of local government, tribal governments, and nongovernmental agencies;
(2) reduce court commitments to the state prisons through diversion of offenders determined appropriate by the community corrections board to community corrections facilities and programs;
(3) reduce the use of jail space for offenders who need a structured environment, treatment, counseling, and supervision but who may not require incarceration;
(4) provide a local facility for employed offenders so that they may maintain their employment under a structured environment and receive treatment, counseling, and supervision;
(5) provide a procedure by which units of local government, tribal governments, and nongovernmental agencies may provide corrections services to the sentencing courts; and
(6) include citizen participation in the policymaking and program planning related to community corrections facilities and programs through the formation of local community corrections boards.
History: En. Sec. 2, Ch. 554, L. 1991; amd. Sec. 6, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-303. Definitions

53-30-303. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Community corrections board" means a community corrections board as provided in 53-30-312.
(2) "Community corrections facility or program" means a community-based or community-oriented facility or program, other than a jail, that:
(a) is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and
(b) provides programs and services to aid offenders in:
(i) obtaining and holding regular employment;
(ii) enrolling in and maintaining academic courses;
(iii) participating in vocational training programs;
(iv) utilizing the resources of the community to meet their personal and family needs;
(v) obtaining the benefits of specialized treatment services that exist within the community; and
(vi) paying restitution or performing community restitution to crime victims.
(3) "Department" means the department of corrections created in 2-15-2301.
(4) "Nongovernmental agency" means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity.
(5) "Offender" means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense.
(6) "Tribal government" means a federally recognized Indian tribe within the state of Montana.
(7) "Unit of local government" means a county, city, town, or city-county consolidated government.
History: En. Sec. 3, Ch. 554, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 515, Ch. 546, L. 1995; amd. Sec. 7, Ch. 322, L. 1997; amd. Sec. 23, Ch. 395, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-311. Community corrections facilities and programs operated by units of local government

53-30-311. Community corrections facilities and programs operated by units of local government.
(1) A unit of local government may establish, maintain, and operate any community corrections facilities and programs that it considers necessary to serve its own needs or the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321.
(2) A unit of local government may enter into a contract or agreement with the department for the purpose of providing community corrections facilities and programs for offenders.
History: En. Sec. 4, Ch. 554, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-312. Creation of community corrections boards -- membership -- appointment -- terms -- compensation

53-30-312. Creation of community corrections boards -- membership -- appointment -- terms -- compensation.
(1) A unit of local government, the governing bodies of two or more units of local government, or a tribal government may establish a community corrections board.
(2) A community corrections board consists of three to seven members, must, when possible, be gender-balanced and have racial parity, and must include:
(a) one local law enforcement officer;
(b) one probation and parole officer; and
(c) one member of the public.
(3) Members of a community corrections board must be appointed by the chief executive officer of the unit of local government or the tribal government in the judicial district in which community corrections facilities or programs are established.
(4) Members of a community corrections board shall serve for a term of 4 years.
(5) Members of a community corrections board shall serve without compensation except as otherwise decided by the units of local government or a tribal government.
History: En. Sec. 5, Ch. 554, L. 1991; amd. Sec. 8, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-313. Powers and duties of community corrections boards

53-30-313. Powers and duties of community corrections boards.
(1) A community corrections board may establish and enforce standards for:
(a) the operation of community corrections facilities and programs operated by the unit of local government or a tribal government served by the community corrections board; and
(b) the conduct of offenders placed in local community corrections facilities and programs.
(2) The community corrections board, together with the judicial district, shall establish procedures for screening offenders who are to be placed in the community corrections facility or program. The screening must take into account the aptitude, attitude, and social and occupational skills of the offender and the risk of harm the offender may present to the offender and others.
(3) A community corrections board may accept, reject, or reject after acceptance the placement of any offender in the community corrections facility or program. If an offender is rejected by the community corrections board after initial acceptance, the sheriff of the county in which the facility or program is located must take custody of the offender. The community corrections board shall notify in writing the sentencing judge who, after considering the board's reasons for rejection, shall appropriately modify the sentencing order.
History: En. Sec. 6, Ch. 554, L. 1991; amd. Sec. 9, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-314. Community corrections facilities and programs operated by tribal governments

53-30-314. Community corrections facilities and programs operated by tribal governments.
(1) A tribal government may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321.
(2) A tribal government operating a community corrections facility or program may accept, reject, or reject after acceptance the placement of any offender in the facility or program pursuant to an agreement with a unit of local government, a nongovernmental agency, or a judicial district. If an offender is rejected by the tribal government after initial appearance and the offender is a court referral, the sheriff of the county in which the facility or program is located must take custody of the offender. The tribal government shall notify in writing the sentencing judge who, after considering the tribal government's reasons for rejection, shall appropriately modify the sentencing order.
History: En. Sec. 7, Ch. 554, L. 1991; amd. Sec. 10, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-315. Community corrections facilities and programs operated by nongovernmental agencies

53-30-315. Community corrections facilities and programs operated by nongovernmental agencies.
(1) Except as provided in subsection (2), a nongovernmental agency may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321.
(2) A nongovernmental agency may not establish a community corrections facility or program unless approved by the local community corrections board in a local government or tribal government that has established a community corrections board.
(3) A nongovernmental agency operating a community corrections facility or program may accept, reject, or reject after acceptance the placement of any offender in the facility or program pursuant to a contract or agreement with a unit of local government, a tribal government, or a judicial district. If an offender is rejected by the nongovernmental agency after initial acceptance and the offender is a court referral, the sheriff of the county in which the facility or program is located must take custody of the offender. The nongovernmental agency shall notify in writing the sentencing judge who, after considering the agency's reasons for rejection, shall appropriately modify the sentencing order.
History: En. Sec. 8, Ch. 554, L. 1991; amd. Sec. 11, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-321. Authority of judge to utilize community corrections facilities or programs -- restrictions

53-30-321. Authority of judge to utilize community corrections facilities or programs -- restrictions.
(1) Subject to the restrictions contained in subsection (2), a judge may order placement of an offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency.
(2) A judge may not order placement of an offender in a residential community corrections facility or program for a period exceeding 1 year. After completing the residential community corrections portion of a sentence, an offender shall serve the remainder of the sentence under normal probation supervision, if applicable.
(3) An offender is not eligible for parole while serving a sentence in a community corrections facility or program.
(4) The probation and parole officers for the judicial district shall include in their presentence report to the sentencing judge recommendations for utilization of a community correctional facility or program that has been approved for use by the judicial district.
History: En. Sec. 9, Ch. 554, L. 1991; amd. Sec. 12, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-322. Powers and responsibilities of department

53-30-322. Powers and responsibilities of department.
The department may:
(1) upon the request of a local community corrections board, provide assistance in the planning of community corrections facilities and programs; and
(2) contract with a community corrections facility or program for the provision of services for offenders under the custody of the department. The contract must address facility or program review and evaluation, accounting and reporting standards, and reimbursement of the facility or program.
History: En. Sec. 10, Ch. 554, L. 1991; amd. Sec. 13, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-323. Offender payments

53-30-323. Offender payments.
(1) An offender placed in a community corrections facility or program under this part shall execute a written contract or agreement with the director of the facility or program, setting forth the terms and conditions for placement in the facility or program. The contract or agreement must provide that a portion of any money received from employment of the offender be set aside for reimbursement to the community corrections facility. Reimbursement to the community corrections facility or program for the cost of the room, board, and services is to be paid at a rate established under 53-1-501.
(2) In a community corrections facility or program, the offender has the primary obligation to obtain employment, but the department of labor and industry shall provide assistance to the offender in obtaining suitable employment.
History: En. Sec. 11, Ch. 554, L. 1991; amd. Sec. 1, Ch. 172, L. 1993.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 3. Community Corrections Act › 53-30-326. Escape from custody

53-30-326. Escape from custody.
An offender is guilty of escape and shall be punished as provided in 45-7-306 if, without proper authorization, the offender:
(1) fails to remain within the extended limits of the offender's confinement or fails to return within the time specified to a community corrections facility or program to which the offender has been assigned, sentenced, or transferred; or
(2) leaves the offender's place of employment or neglects or fails to return to the community corrections facility or program after being specifically ordered to do so.
History: En. Sec. 15, Ch. 554, L. 1991; amd. Sec. 14, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 4. Boot Camp Incarceration Program (Repealed) › 53-30-401. Repealed

53-30-401. Repealed.
Sec. 24, Ch. 384, L. 2017.
History: En. Sec. 1, Ch. 463, L. 1993; amd. Sec. 516, Ch. 546, L. 1995; amd. Sec. 8, Ch. 505, L. 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.