reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.203 - FACILITY LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Each private
				correctional facility within the state of Montana must be licensed by the
				department. The facility's current license must be prominently displayed in the
				general administration area of the facility.
(2) The department shall issue a one-year
				private prison license to any private correctional facility that has fulfilled
				the requirements of law, these rules, and the private prison siting and
				construction standards contained in ARM Title 20, chapter 27, subchapter
				1.
(3) The department shall renew
				the license annually on the expiration date of the previous year's license if
				the facility continues to meet the requirements of law and these
				rules.
(4) The department shall
				issue a provisional license for up to six months to any license applicant
				which:
(a) has met all applicable requirements
				for fire, life safety and health standards; and
(b) has agreed in writing to comply fully
				with all requirements established by these rules within the time period covered
				by the provisional license.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.206 - LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) A private
				correctional facility must apply to the department for its initial license at
				least 90 days prior to the date it intends to be open for operation.
(2) The facility must apply in writing with a
				letter requesting a licensing review and a completed licensing application on a
				form provided by the department.
(3) A facility that has a current license
				under these rules and needs a yearly renewal license must send the request for
				a renewal licensing review to the department licensing agent at least 60 days
				prior to the date its current license expires on the renewal form provided by
				the department.
(4) Upon receipt of
				an application for license or renewal license, the department must conduct a
				licensing review to determine if the applicant meets the applicable licensing
				requirements established in the law and these rules. A licensing review or
				renewal licensing review must include an on-site visit, as well as interviews
				with inmates and correctional staff.
(5) The department's licensing agent may make
				periodic visits between licensing reviews to ensure the facility is remaining
				compliant with these rules. The scope of these visits is the same as for a
				licensing review.
(6) The facility
				must permit the department licensing agent:
(a) unlimited and immediate access to all
				areas of the facility at all times; and
(b) to inspect all written and electronic
				records related to the operation of the facility.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.207 - LICENSE REVOCATION AND DENIAL

Current through Register Vol. 13, July 5, 2024
(1) The
				department, after written notice to the applicant or licensee, may deny,
				suspend, restrict, revoke or reduce to provisional status a license upon
				finding that the facility:
(a) is not in
				substantial compliance with the licensing requirements established by these
				rules;
(b) has made any
				misrepresentations to the department, either negligent or intentional,
				regarding any aspect of its management or operation of the facility;
(c) has failed to comply with its plan to
				correct areas of noncompliance identified by a license review as required in
				ARM 20.27.204 within the allotted time;
(d) has failed to remedy practices or
				procedures identified by the department which continue to place the public,
				staff or offenders in imminent risk of escape, serious bodily harm or property
				damage;
(e) has failed to become
				accredited by both ACA and NCCHC within the first three years of
				operation;
(f) is in default of the
				contract with the state under which it is operating the facility; or
(g) has failed to comply with the provisions
				of 53-30-601, et seq., MCA.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.208 - HEARING

Current through Register Vol. 13, July 5, 2024
(1) Any applicant or licensee who wishes to
				contest the department's licensing action refusing to grant a license,
				restricting, suspending, reducing to provisional, or revoking a license may
				request a contested case hearing as provided in
				2-4-601, MCA.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.210 - PURPOSE AND MISSION

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have a written policy and procedure manual, approved by the department,
				which establishes the facility's mission, goals, objectives and standard
				operating procedures, and establishes a system of regular review of policies
				and procedures.
(2) To receive a
				license under these rules, the owner or operator of a private correctional
				facility must have a current contract with the department to operate the
				facility which complies with
				53-30-608, MCA.
(3) The facility must have a written mission
				statement that delineates the facility's mission within the context of the
				Montana correctional system.
(4)
				The facility may not house a person charged or convicted in another state or
				charged or convicted in federal court in another state.
(5) The facility must obtain accreditation by
				both ACA and NCCHC by the expiration of the third year of the facility's
				operation, and maintain ACA and NCCHC accreditation thereafter.
53-30-604, MCA; IMP,
					 53-30-604,
					 53-30-606,
					 53-30-608,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.212 - FACILITY WARDEN

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must be headed by a warden who is in charge of all inmates, personnel,
				volunteers, programs and activities connected with the facility.
(2) The qualifications for the position of
				warden are at a minimum, the following:
(a)
				bachelor's degree in an appropriate discipline; and
(b) demonstrated administrative ability and
				leadership.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.213 - FACILITY ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have a written document describing its organization. This description must
				include an organizational chart.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.214 - POLICY AND PROCEDURE MANUAL

Current through Register Vol. 13, July 5, 2024
(1) Policies
				and procedures for operating the facility must be:
(a) approved by the department; and
(b) contained in a manual that is accessible
				to all employees and the department.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.216 - MEDIA ACCESS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice which:
(a) allow representatives of the media access
				to the facility consistent with preserving inmates' right to privacy and
				maintaining order and security; and
(b) provide for the dissemination of
				information about the facility to the public, governmental agencies, and the
				media.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.217 - INMATE FUNDS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must control inmate personal funds held by the facility in accordance with
				accepted accounting procedures.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.218 - STAFFING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Facility
				staffing requirements for all categories of personnel must be determined on an
				ongoing basis to ensure that inmates have access to staff, programs and
				services.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.219 - BACKGROUND/CRIMINAL RECORD CHECK

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must obtain a background investigation criminal record check on all new
				employees in accordance with department requirements to detect any criminal
				convictions that relate specifically to job performance.
(2) The facility may not hire any person with
				a prior felony conviction without department approval.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.221 - DRUG-FREE WORKPLACE

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy and procedure that support a drug-free workplace for
				all employees. The policy must:
(a) require
				that all potential employees pass a drug and alcohol test prior to beginning
				work at a facility; and
(b) include
				pre-employment testing and ongoing drug testing in conformity with state
				law.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.222 - PERSONNEL FILES

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must maintain on the premises a current, accurate, and confidential personnel
				record on each employee.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.223 - TRAINING AND STAFF DEVELOPMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				facility must provide staff training and development in accordance with state
				law.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.225 - INMATE POPULATION MOVEMENT (COUNT)

Current through Register Vol. 13, July 5, 2024
(1)
				The facility must have a strict accountability system to physically count every
				inmate.
(2) The facility must have
				a written plan to control inmate movement within and outside the facility that
				is approved by the department.
(3)
				The facility must have written policy and procedures governing the
				transportation of inmates outside the facility.
53-30-604, MCA; IMP,
					 53-30-604,
					 53-30-610,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.227 - BUILDING AND SAFETY CODES

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must comply with all applicable federal, state and/or local building codes and
				fire safety codes.
53-30-604, MCA; IMP,
					 53-30-604,
					 53-30-606,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.229 - INMATE HOUSING

Current through Register Vol. 13, July 5, 2024
(1) Inmate housing
				areas must conform to applicable ACA standards as to size, space, furnishings,
				toilets, and showers.
(2)
				Handicapped inmates must be housed in a manner that provides for their safety
				and security.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.230 - EXERCISE AND RECREATION

Current through Register Vol. 13, July 5, 2024
(1) General
				population inmates must be provided access to at least one hour daily of indoor
				or outdoor exercise.
(2) The
				facility must provide adequate space for inmates to exercise in accordance with
				ACA standards.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.231 - VISITING AREAS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must provide sufficient space for inmates to receive visits from approved
				visitors.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.232 - FIRE AND LIFE SAFETY

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have a written fire and life safety plan that is in accordance with the
				department policy on fire and life safety.
(2) All employees must be trained to this
				plan.
(3) The facility must have
				written policy, procedure and practice which:
(a) specify the facility's fire prevention
				regulations and practices; and
(b)
				provide for a comprehensive and thorough monthly inspection of the facility by
				a qualified fire and life safety officer.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.233 - EMERGENCY RESPONSE PLAN

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have a written emergency response plan that complies with the department's
				emergency preparedness plan. The plan must provide:
(a) that all personnel are trained in the
				implementation of the plan; and
(b)
				for a written evacuation plan to be used in the event of fire or major
				emergency which includes:
(i) location of
				building/room floor plans;
(ii) use
				of exit signs and directional arrows for traffic flow;
(iii) location of a publicly posted
				plan;
(iv) at least quarterly
				drills in all facility locations, including administrative areas; and
(v) provisions for the release of inmates
				from locked areas.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.235 - USE OF FORCE, RESTRAINTS, AND CHEMICAL AGENTS

Current through Register Vol. 13, July 5, 2024
(1) The facility must have use of force, use
				of restraints, and use of chemical agent policies that are approved by the
				department.
(2) The facility must
				have written policy and procedure governing the use of firearms which is
				approved by the department.
(3)
				Facility policy must provide that instruments of restraint such as handcuffs,
				leg irons or belly chains are never applied as punishment.
(4) Facility policy must provide that 4-point
				restraint is only applied with the approval of the warden.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.237 - SECURITY MANUAL

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must maintain a written manual containing procedures for facility security and
				control, with detailed instructions for implementing these procedures. The
				manual must be approved by the department and available to all facility
				staff.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.238 - CONTROL OF CONTRABAND

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice to provide for search of the
				facility and inmates to control contraband and provide for its disposition
				which is approved by the department.
(2) Facility policy, procedure and practice
				must require that all pat searches, frisk searches, strip searches and body
				cavity searches are performed in accordance with ACA standards.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.239 - KEY AND TOOL CONTROL

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice controlling the use of keys,
				tools, culinary and medical equipment.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.241 - INJURIES INCURRED IN A FACILITY INCIDENT

Current through Register Vol. 13, July 5, 2024
(1) The facility must have written policy,
				procedure and practice to provide that all persons involved in an incident
				where chemical agents are used must receive immediate medical examination and
				treatment.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.242 - FACILITY SECURITY THREATS, ESCAPES

Current through Register Vol. 13, July 5, 2024
(1)
				The facility must have written plans that specify procedures to be followed in
				situations that threaten facility security. Such situations include but are not
				limited to riots, hunger strikes, disturbances, escapes, and taking of
				hostages. These plans must be made available to all applicable personnel and
				reviewed annually and updated as needed.
(2) The facility must have on file written
				mutual aid agreements with the cooperating agencies in its area.
(3) The facility must have written policy,
				procedure and practice to ensure that pedestrians and vehicles leave and enter
				the facility at designated points in the perimeter.
(4) The facility's perimeter must be
				controlled by appropriate means to:
(a)
				provide that inmates remain within the perimeter; and
(b) prevent access by the general public
				without proper authorization.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.243 - RULES AND DISCIPLINE

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice regarding disciplinary
				actions, approved by the department which:
(a) define in writing the rules of conduct,
				sanctions and procedures for violations;
(b) must be communicated to all inmates and
				staff; and
(c) provide that when an
				inmate allegedly commits an act covered by criminal law, the case is referred
				to appropriate court or law enforcement officials for consideration for
				prosecution.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.245 - SPECIAL MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy and procedure, approved by the department, to provide
				for removal from general population of inmates who threaten the secure and
				orderly management of the facility or persons that must be protected from harm
				by other inmates by placement in special units.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.246 - INMATE CLASSIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The
				facility must have written policy and procedure, approved by the department,
				for the objective classification of inmates remanded to its custody.
53-30-604, MCA; IMP,
					 53-30-604,
					 53-30-608,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.248 - INMATE RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice to ensure the right of inmates
				to have:
(a) access to courts and legal
				counsel;
(b) access to a law
				library, or a person trained in the law;
(c) reasonable access with media subject to
				limitations necessary to maintain order and security and protect inmates'
				privacy; and
(d) protection from
				unreasonable searches.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.250 - ADMISSION

Current through Register Vol. 13, July 5, 2024
(1) The facility must have written policy and
				procedure that govern the admission of inmates to the system approved by the
				department.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.251 - PERSONAL PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy and procedure governing the control of inmate personal
				property and funds.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.252 - MENU, DIETS, FOOD SERVICE

Current through Register Vol. 13, July 5, 2024
(1) The facility's
				dietary allowances and plan must be reviewed at least annually by a qualified
				nutritionist or dietician to ensure that it meets the nationally recommended
				dietary allowances for males age 25-50 years as provided by the National
				Research Council Food and Nutrition Board.
(2) The facility must have written policy,
				procedure and practice that:
(a) require food
				service staff take into consideration food flavor, texture, temperature,
				appearance and palatability; and
(b) provide for special diets as prescribed
				by appropriate medical or dental personnel.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.253 - SANITATION AND HYGIENE

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice requiring the following
				inspections:
(a) weekly sanitation inspections
				of all facility areas by a qualified staff member;
(b) comprehensive and thorough monthly
				inspections by a safety/sanitation specialist; and
(c) at least annual inspections by state
				and/or local sanitation and health officials.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.254 - HEALTH CARE

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice providing that all medical,
				psychiatric, and dental matters involving medical judgment are the sole
				province of the responsible physician, mental health provider, and dentist,
				respectively.
(2) The facility must
				ensure that:
(a) personnel who provide health
				care services to inmates have attained the appropriate state and federal
				licensure, certification, or registration requirements;
(b) the duties and responsibilities of such
				personnel are governed by written job descriptions approved by the health
				authority; and
(c) verification of
				current credentials and job descriptions are on file in the facility.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.255 - PHARMACEUTICALS

Current through Register Vol. 13, July 5, 2024
(1) The facility must have written policy,
				procedure and practice approved by the department which provide for the proper
				management of pharmaceuticals and address the following subjects:
(a) a formulary developed for the
				facility;
(b) prescription
				practices, including requirements that:
(i)
				psychotropic medications are prescribed only when clinically indicated as one
				facet of a program of therapy;
(ii)
				"stop order" time periods are required for all medications; and
(iii) the prescribing provider reevaluates a
				prescription prior to its renewal;
(c) procedures for medication receipt,
				storage, dispensing and administration or distribution;
(d) maximum security storage and periodic
				inventory of all controlled substances, syringes and needles;
(e) dispensing of medicine in conformance
				with appropriate federal and state law;
(f) administration of medication by persons
				properly trained and under the supervision of the health authority and facility
				administrator or designee; and
(g)
				accountability for administering or distributing medications in a timely
				manner, according to physician orders.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.256 - HEALTH SCREENING

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice requiring medical, dental and
				mental health screening to be performed pursuant to ACA standards for adult
				correctional facilities.
53-30-604, MCA; IMP,
					 53-30-604,
					 53-30-606,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.258 - INMATE WORK PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice that:
(a) require all able-bodied inmates to work
				unless assigned to an approved education or training program; and
(b) provide that inmates receive pay
				comparable to that received by inmates in the department's adult correctional
				facilities.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.260 - MAIL, TELEPHONE, VISITING

Current through Register Vol. 13, July 5, 2024
(1) The
				facility must have written policy and procedure governing the following:
(a) inmate correspondence;
(b) postage allowance for indigent
				inmates;
(c) inmate access to
				publications;
(d) inspection of
				incoming and outgoing inmate mail; and
(e) inspection for and disposition of
				contraband.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.261 - RELIGIOUS PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure and practice that provide for inmates to
				have the opportunity to participate in practices of their religious faith
				deemed essential by the faith's governing body, limited only by documentation
				showing threat to the safety of persons involved in such activity or that the
				activity itself disrupts order in the facility.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.104 - APPLICATION TO ESTABLISH A REGIONAL CORRECTIONAL FACILITY

Current through Register Vol. 13, July 5, 2024
(1) A local government entity, individual,
				corporation, partnership, association, or other private organization or entity
				may not construct or operate a regional correctional facility without the
				authorization of the department.
(2) A public or private entity that wishes to
				establish a regional correctional facility must first submit an application to
				the department for the department's initial approval.
(3) The application must provide
				substantiation and documentary evidence of the following criteria:
(a) the need for a regional correctional
				facility in the area;
(b) the
				financial ability and, in the case of a public entity, an appropriate
				resolution by its governing body authorizing the entity to enter into a
				long-term contract with the department; and
(c) the availability of rehabilitative
				services for inmates, including but not limited to providers of mental health
				and chemical dependency treatment, job, career, and vocational
				programming.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.107 - SITING A REGIONAL CORRECTIONAL FACILITY

Current through Register Vol. 13, July 5, 2024
(1) A local government entity, individual,
				corporation, partnership, association, or other private organization or entity
				that wishes to construct or operate a regional correctional facility must
				submit siting information to the department for its approval of the site. The
				siting information must document and show how the site conforms to the
				requirements listed below.
(2) The
				department will approve the site if the local government entity, individual,
				corporation, partnership, association, or other private organization or entity
				that wishes to construct or operate a regional correctional facility obtains a
				resolution from the governing body of the community authorizing the site. The
				community governing body must document to the department that the selected
				site:
(a) can accommodate a secure
				facility;
(b) can support
				unobstructed surveillance of the facility;
(c) has appropriate access roads during both
				the construction and operation of the facility;
(d) will conform to all applicable state
				statutes, rules and regulations, and applicable local zoning
				ordinances;
(e) is within 30
				minutes emergency response time of an accredited hospital licensed by the
				state;
(f) is within 30 minutes
				emergency response time of a fulltime or volunteer fire department;
(g) is within one hour driving time of
				scheduled public or private transportation services that provide regular travel
				to and from the area of the facility;
(h) is within one hour driving time of an
				airport and landing field suitable for landing and take-off of charter-type
				aircraft and listed on the state system plan of airports as maintained by the
				Montana Department of Transportation, Aeronautics Division; and
(i) is located above a 100-year flood
				plain.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.110 - CONSTRUCTION REQUIREMENTS FOR A REGIONAL CORRECTIONAL FACILITY

Current through Register Vol. 13, July 5, 2024
(1) The facility shall be a secure facility
				and have controlled access to and from the facility and other appropriate
				security measures so as to prevent unauthorized access to and from the
				facility.
(2) The facility must
				comply with all applicable federal, state, and local building and fire safety
				codes.
(3) The facility must be
				constructed according to ACA standards for secure facilities.
(4) The facility must have mutual aid
				agreements in place with applicable local agencies.
(5) A regional correctional facility must
				obtain accreditation by both the ACA and the NCCHC within three years of the
				date the facility accepts state inmates and must maintain the accreditation
				thereafter.
(6) This rule applies
				only to facilities constructed after the effective date of these
				rules.
53-30-507, MCA; IMP,
					 53-30-504,
					 53-30-507,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.113 - POLICIES, PROCEDURES, PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) The
				regional correctional facility must maintain appropriate written policies and
				procedures contained in a manual that is accessible to all employees and the
				department.
(2) The facility shall
				establish policies, procedures, and practices for the operation, security, and
				physical condition of the facility, as well as policies, procedures, and
				practices for the safety, health, treatment, and discipline of persons confined
				in the state correctional facility portion of the regional prison.
(3) The department will determine which
				department policies, procedures, and practices the facility must
				adopt.
(4) The policies,
				procedures, and practices must conform to ACA and NCCHC standards.
(5) The facility must gain the department's
				initial approval of its policies and procedures before the department may allow
				the facility to begin to accept inmates into the facility.
(6) The facility must review and update its
				policies and gain the department's approval yearly after the initial
				approval.
(7) The facility must
				pass a pre-occupational compliance review conducted by the department and shall
				maintain at least a 90% compliance rating on all future department compliance
				reviews.
(8) The policies and
				procedures must address the following areas:
(a) media access, confidentiality, and
				dissemination of information;
(b)
				inmate issues including:
(i) inmate funds and
				accounting;
(ii) inmate
				housing;
(iii) inmate exercise and
				recreation;
(iv) inmate visiting,
				telephone access, and mail;
(v)
				inmate work, religious, vocational, and treatment programs;
(vi) inmate personal property;
(vii) inmate legal assistance; and
(viii) inmate sanitation and
				hygiene;
(c) staff
				issues including:
(i) background/criminal
				record check;
(ii) personnel files;
				and
(iii) training and staff
				development;
(d) safety
				and security issues including:
(i) inmate
				movement and count;
(ii) building
				and safety codes;
(iii) fire and
				life safety;
(iv) disaster and
				emergency response plan;
(v) use of
				force, restraints, and chemical agents;
(vi) facility security;
(vii) control of contraband, keys, and tools;
				and
(viii) facility security
				threats and escapes;
(e)
				inmate discipline, special management, and classification;
(f) inmate food service; and
(g) inmate health care, screening, and
				pharmaceuticals.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.116 - LICENSING

Current through Register Vol. 13, July 5, 2024
(1) A regional correctional facility
				constructed or operated by an individual, corporation, partnership,
				association, or other private organization or entity must be licensed by the
				department in order to operate.
(2)
				The facility must prominently display its license in the general administration
				area of the facility.
(3) A license
				is not transferable.
(4) The
				facility must renew its license annually on the expiration date of the previous
				year's license.
(a) The department may renew
				the facility's license only if the department determines the facility shows it
				is in at least 90% compliance with the department's applicable policies,
				procedures, and practices and with ACA and NCCHC standards as determined on the
				department's compliance reviews.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.119 - CALCULATION OF A PER DIEM RATE-GENERAL PRINCIPLES

Current through Register Vol. 13, July 5, 2024
(1) A per diem rate will be determined based
				on information provided by the regional correctional facility in accordance
				with the MDOC per diem calculation worksheet. The per diem rate will reflect
				actual allowable and allocable direct and indirect costs associated with the
				operation of the regional correctional facility that benefits state inmates.
				The rate represents the true cost of housing state inmates and is neither more
				than or less than the actual costs the regional correctional facility incurs
				because it houses state inmates. It reflects that neither the state nor the
				regional correctional facility subsidizes the operations of the
				other.
(2) The per diem rate the
				department pays the regional correctional facility will include payment for all
				the contractual provisions outlined in the contract between the facility and
				the department.
(3) The per diem
				rate will be calculated based on the information the regional correctional
				facility provides on the MDOC Per Diem Calculation Worksheet for Regional
				Correctional Facilities. The MDOC Per Diem Calculation Worksheet for Regional
				Correctional Facilities and instructions for completing it can be found on the
				department's web site at www.cor.mt.gov.
(a)
				The regional correctional facility's governing body must submit information to
				the department to document the calculation:
(i) the documentation must be provided in the
				required format; and
(ii) it must
				be included in the governing body's published comprehensive annual financial
				report (CAFR).
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.122 - GENERAL COST PRINCIPLES USED FOR CALCULATING PER DIEM

Current through Register Vol. 13, July 5, 2024
(1) To be allowable, costs must be
				reasonable, ordinary, necessary, and to some degree, benefit inmates housed in
				the state portion of the facility.
(2) Allowable costs must be:
(a) accounted for in accordance with
				generally accepted accounting principles;
(b) net of all applicable credits;
(c) adequately documented; and
(d) calculated in accordance with the United
				States Office of Management and Budget (OMB) Circular A-87, Cost Principles for
				State, Local, and Indian Tribal Governments. Copies of OMB Circular A-87 can be
				obtained from the federal government or found on the U.S. Management and Budget
				web site at
http://www.usdoj.gov/marshals/prisoner/omb87.pdf
.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.125 - COMPLETING THE PER DIEM WORKSHEET DATA SUMMARY

Current through Register Vol. 13, July 5, 2024
(1) Section I-General Information: enter the
				name, telephone number, and physical address of the regional correctional
				facility, and the name of the facility administrator.
(2) Section II-Financial Data Summary: on
				line A enter the most recently concluded fiscal year that corresponds to the
				accounting period of the cost submission.
(a)
				The form will automatically populate lines B through H with the totals from
				Schedules B through G.
(b) The form
				will automatically compute the total operating costs by adding the totals of
				Schedules B through G represented on lines B through H.
(c) The form will automatically calculate the
				actual operating per diem based on the costs divided by the number of actual
				prisoner days.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.128 - COMPLETING SCHEDULE B PART I-PERSONNEL SALARIES

Current through Register Vol. 13, July 5, 2024
(1) Regular and overtime salaries of
				personnel by position that work at the regional correctional facility on a
				full-time and part-time basis are allowable as direct operation costs. A list
				of these employees including name, title, and salary must be submitted to
				support Schedule B.
(2) The
				facility may list on Schedule B, Part I all personnel that work at or support
				the state portion of the facility, as long as the personnel's services in some
				way accrues to the benefit of state inmates and are listed on the staffing
				pattern attached to the contract. The facility shall use a bed ratio for shared
				direct personnel costs.
(3)
				Full-time and part-time salaries for the following personnel are usually
				allowable:
(a) regional correctional facility
				management officials;
(b)
				administrative support personnel;
(c) detention officers and other uniformed
				personnel assigned to the state portion of the regional correctional
				facility;
(d) maintenance
				personnel;
(e) cooks and
				aides;
(f) training
				officers;
(g) on-site medical
				personnel; and
(h) treatment
				counselors.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.131 - COMPLETING SCHEDULE B PART II - PERSONNEL BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) Generally, all related paid personnel
				benefit costs are allowable in the same ratio as the allocation in Part
				I.
(2) The following are types of
				personnel benefits that are allowable:
(a)
				retirement plan costs;
(b) FICA
				payroll taxes;
(c) life, health,
				and dental insurance plans;
(d)
				workers' compensation insurance; and
(e) employee uniforms, including shoes, if
				not claimed as a direct operating cost under Schedule D.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.134 - COMPLETING SCHEDULE C-CONSULTANTS AND CONTRACT SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Costs for consultant and contract
				services are allowable and can be included on Schedule C to the extent that
				they benefit state inmates and are required by contract.
(2) The following contract services are
				usually allowable either fully or using a bed ratio if only a portion of the
				cost benefits state inmates:
(a) in-house
				medical, dental, and mental health care. Medical co-payments paid by inmates
				must be offset against any claimed medical costs;
(b) custodial and maintenance;
(c) legal services and nondenominational
				religious services;
(d) GED and
				other educational or treatment programs; and
(e) food service.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.137 - COMPLETING SCHEDULE D-OTHER DIRECT OPERATING COSTS

Current through Register Vol. 13, July 5, 2024
(1) To be claimed on the MDOC per diem
				calculation worksheet, all direct costs must be reasonable and allowable under
				OMB Circular A-87 guidelines and supported by paid invoices, transactions
				listings, or general ledger entries. The following are examples of cost
				categories that can be claimed on the MDOC per diem calculation worksheet and
				the way in which they may be calculated:
(a)
				inmate compensation (calculated as actual cost);
(b) food and kitchen supplies (prorated using
				the bed ratio);
(c) inmate clothing
				(calculated as actual cost or prorated using the bed ratio);
(d) prescriptions (calculated as actual
				cost);
(e) medical care supplies
				(prorated using the bed ratio);
(f)
				bedding and linens (calculated as actual cost or prorated using the bed
				ratio);
(g) toiletries (calculated
				as actual cost or prorated using the bed ratio);
(h) employee uniforms, including shoes (only
				for facility staff, not including subcontractors and only if not included as a
				personnel benefit and prorated using the bed ratio);
(i) safety and sanitation supplies and
				services (prorated using the bed ratio);
(j) maintenance supplies (prorated using the
				bed ratio);
(k) office supplies and
				postage (calculated as actual cost or prorated using the bed ratio);
(l) minor tools and equipment. Current year
				purchases of equipment costing less than $5,000 (prorated using the bed ratio
				if applicable). The cost of equipment claimed here cannot be included on
				Schedule F-Equipment Cost for the purpose of computing allowable depreciation
				charges;
(m) recreation and
				education supplies. If any costs are reimbursed by the Inmate Welfare Fund, the
				reimbursement must be offset against the claimed cost (calculated as actual
				cost or prorated using the bed ratio);
(n) telephone and communication supplies
				(calculated as actual cost or prorated using the bed ratio);
(o) property insurance (prorated using the
				square footage ratio);
(p) employee
				training, education, conferences, and subscriptions related to the operation of
				the state portion of the facility;
(q) travel expenses (based on the regional
				correctional facility's per diem expense schedule or the state's
				schedule);
(r) interest (prorated
				using the bed ratio). Debt services (principle) is unallowable and any earnings
				on debt service reserve funds and interest earned on the borrowed funds pending
				payment of expenses must be offset against the claimed cost; and
(s) utilities (prorated using the square
				footage or volume ratio).