reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.3 - Sex Offender Evaluation and Treatment Provider Guidelines and Qualifications › Rule 20.7.303 - GUIDELINES

Current through Register Vol. 13, July 5, 2024
(1) A person is deemed qualified to complete
				an evaluation and recommendation of treatment for sex offenders under
				department of corrections and human services guidelines when the treatment
				provider either meets the qualifications set forth herein, or works under the
				direct supervision of a qualified treatment provider.
Sec.
					 53-1-203 MCA; IMP, Sec.
					 46-18-111
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.3 - Sex Offender Evaluation and Treatment Provider Guidelines and Qualifications › Rule 20.7.304 - QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The individual must have received
				specialized documentable training in evaluation and treatment approaches from a
				nationally recognized program or provider specializing in working with sex
				offenders;
(2) Received formal
				education in the area of normal and abnormal sexual functioning;
(3) Received at least six hours of
				documentable annual continuing education in sex offender therapy or human
				sexuality;
(4) Spent the first year
				of their specialized clinical practice having at least monthly consultation and
				peer reviews of cases with a specialized sex offender clinician who practices
				in accordance with established national standards; and
(5) Possess one of the following combinations
				of degree and experience:
(a) Relevant
				bachelor's degree and 4,000 hours of specific sex offender treatment
				experience;
(b) Relevant master's
				degree, licensing and 2,000 hours of specific sex offender treatment
				experience;
(c) Relevant doctoral
				degree, licensing and 2,000 hours of specific sex offender treatment
				experience; or
(d) Medical degree
				and 2,000 hours of specific sex offender treatment experience; and
(e) Is a full or clinical member of at least
				one relevant national organization which has ethics of practice to which they
				adhere.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.4 - Satellite-Based Monitoring › Rule 20.7.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter, these definitions
				  apply:
(1) "Board" means the Board of
				Pardons and Parole as authorized in
				2-15-2302 and
				46-23-104, MCA.
(2) "Conditional Release" means the placement
				by the department of an offender into the community under the jurisdiction of
				the department and subject to the department's rules.
(3) "Department" means Department of
				Corrections as authorized in 2-15-230, MCA.
(4) "Level 3 sex offender" means an offender
				who a judge has designated as having a high probability of committing a repeat
				sexual offense.
(5) "Offender"
				means a person convicted and sentenced for a felony offense.
(6) "Parole" means the release from
				incarceration by the Board of Pardons and Parole prior to the completion of an
				offender's sentence of incarceration.
(7) "Probation" means the district court's
				release of an offender into the community, subject to supervision by the
				department.
(8) "Sexual offender"
				means a person who has been convicted of or, in youth court, found to have
				committed or been adjudicated for a sexual offense as defined in
				46-23-502(9),
				MCA.
(9) "Zone" means an area where
				the offender is supposed to be located or an area where the offender is
				prohibited from being located.
46-23-1010, MCA; IMP,
					 46-23-1010,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.4 - Satellite-Based Monitoring › Rule 20.7.402 - SATELLITE-BASED MONITORING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall establish and administer a program for the continuous
				satellite-based monitoring of sexual and other offenders.
(2) All offenders supervised by the
				department are eligible to participate in the satellite-based monitoring
				program, including offenders ordered by the court and the board to participate
				in the program.
(3) An offender
				convicted under
				45-5-503(4),
				45-5-507(5),
				45-5-601(3),
				45-5-602(3), or
				45-5-603(2)(c),
				MCA and released from imprisonment must participate in the program.
(4) An offender designated a level 3 sex
				offender who is on probation, parole, or conditional release must participate
				in the program.
(5) The department
				may establish procedures for the day-to-day operation of the program, which
				will include, at a minimum, the following:
(a)
				a time-correlated passive system of tracking of the offender's geographic
				location at least every five minutes using a global positioning system based on
				satellite and other location-tracking technology;
(b) reporting once a day of the offender's
				locations the previous day; and
(c)
				immediate notification of a zone violation.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter, the following definitions
				  apply:
(1) "Department" means the
				Department of Corrections.
(2)
				"Prerelease center" means a residential facility for adult offenders located in
				a community which offers offenders room and board, supervision, counseling, and
				treatment.
AUTH:  53-1-203, MCA; IMP:  53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.502 - DETERMINATION OF NEED

Current through Register Vol. 13, July 5, 2024
(1) Before
				proceeding with plans to establish a prerelease center, the department must
				make a written determination that there is a need for a prerelease center in
				the jurisdiction being considered. The written determination of need must
				include:
(a) demographic and statistical data
				on the general and offender population of the jurisdiction; and
(b) the proposed prerelease center's
				relationship to the correctional needs of the state.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.503 - DETERMINATION OF MINIMUM REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				must determine that within the jurisdiction being considered, there are
				available to the offenders:
(a) appropriate
				mental health and substance abuse treatment disorder services;
(b) adequate job opportunities;
(c) opportunities for basic education, high
				school equivalency education, technical training, and post secondary education;
				and
(d) opportunities for volunteer
				and community service.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.504 - OBTAINING SUPPORT OF LOCAL OFFICIALS FOR A PROPOSED PRERELEASE CENTER (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:  53-1-203, MCA; IMP:  53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.505 - NOTIFICATION OF MEDIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:  53-1-203, MCA; IMP:  53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.506 - WORKING COMMITTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:  53-1-203, MCA; IMP:  53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.507 - PUBLIC INVOLVEMENT PROCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:  53-1-203, MCA; IMP:  53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.508 - COMPREHENSIVE SURVEY (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 53-1-203,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.509 - DETERMINATION OF PUBLIC SUPPORT

Current through Register Vol. 13, July 5, 2024
(1) After the
				department has selected a proposed location for a new prelease center the
				department must determine that there is community support for a prerelease
				center to be located in that location.
(2) The mechanism for determining community
				support is as follows:
(a) The department must
				conduct a public hearing held in conformity with Title 2, chapter 3, MCA.
(i) The department must publish notice of the
				hearing on its website and in a newspaper of general circulation within the
				proposed jurisdiction at least five business days prior to the date of the
				hearing.
(ii) The department must
				also provide notice of the hearing to all interested persons who have expressed
				to the department an interest concerning department actions and have requested
				to be placed on the department's list of interested persons. Interested persons
				can be notified either by emailing or mailing the notice to the interested
				person. If the hearing notice is mailed, it must be mailed, by regular mail, at
				least ten business days prior to the date of the hearing. If notice is
				e-mailed, it must be sent at least five business days prior to the date of the
				hearing.
(iii) The department must
				allow comments to be submitted in writing prior to the hearing, and for ten
				business days after the hearing.
(iv) The hearing must be held in an
				accessible facility in the jurisdiction in which the proposed prerelease center
				will be located.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.510 - REQUEST FOR PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) After the
				department has held a public hearing and obtained a resolution of support from
				the governing jurisdiction, the department must issue a request for proposals
				using a competitive process and follow the applicable contract and procurement
				procedures in Title 18, MCA.
(2)
				The department does not have to request proposals for operation of a prerelease
				center when the department intends to operate the prerelease center.
AUTH:  53-1-203, MCA; IMP:  53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.511 - INCREASE IN CONTRACT CAPACITY FOR AN EXISTING PRELEASE CENTER

Current through Register Vol. 13, July 5, 2024
(1) The department may biennially increase
				the department contract capacity for a prerelease center by not more than 25
				percent over the previous biennial contract capacity without engaging in the
				competitive procurement process.
(2) The department may biennially increase
				the contract capacity by more than 25 percent but less than 50 percent over the
				previous biennial contract capacity without engaging in the competitive
				procurement process if:
(a) the department has
				determined, in writing, that the increase is in the best interest of the
				department;
(b) the increase does
				not change the nature of the prerelease services; and
(c) the current contract has at least twelve
				months remaining, including renewals, before expiration.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers › Rule 20.7.512 - DETERMINING A LOCATION

Current through Register Vol. 13, July 5, 2024
(1) The prerelease
				center must be located in an area that has access to:
(a) a law enforcement agency capable of
				emergency response within 15 minutes;
(b) 24-hour emergency medical and fire
				protection services;
(c) medical
				transportation services from a licensed ambulance service; and
(d) fire protection by a professional fire
				protection service capable of responding within a reasonable time as determined
				by the state fire marshal or the authority having jurisdiction.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.6 - Day Reporting › Rule 20.7.601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter, these definitions
				  apply:
(1) "Board" means the Board of
				Pardons and Parole as authorized in
				2-15-2302 and
				46-23-104, MCA.
(2) "Conditional Release" means the placement
				by the department of an offender into the community under the jurisdiction of
				the department and subject to the department's rules.
(3) "Department" means Department of
				Corrections as authorized in 2-15-230, MCA.
(4) "Offender" means a person convicted and
				sentenced for a felony offense.
(5)
				"Parole" means the release from incarceration by the Board of Pardons and
				Parole prior to the completion of an offender's sentence of
				incarceration.
(6) "Probation"
				means the district court's release of an offender into the community, subject
				to supervision by the department.
53-1-203, MCA; IMP,
					 53-1-203,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.6 - Day Reporting › Rule 20.7.602 - DAY REPORTING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department
				may establish and administer a day reporting program in any geographic region
				deemed appropriate by the department. The department may also contract with a
				Montana corporation to operate a day reporting program in a Montana community
				deemed appropriate by the department.
(2) The purposes of the day reporting program
				are to:
(a) provide an alternative sentencing
				option as a condition of a deferred or suspended sentence;
(b) provide a structured program for closer
				supervision of offenders on probation, parole, or conditional
				release;
(c) provide a sanction for
				offenders who violate the rules of probation, parole, or conditional release;
				and
(d) provide a program that can
				be used to transition offenders from secure facilities into the
				community.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.8 - Establishment of Eastmont Chemical Dependency Treatment Program › Rule 20.7.801 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Capacity" means no more
				than 50 program participants.
(2)
				"Center" means the chemical dependency treatment center established in the
				former Eastmont human services center in Glendive, Montana.
(3) "Contractor" means the private, nonprofit
				Montana corporation with which the department enters a contract to operate the
				program.
(4) "Department" means the
				Department of Corrections established in
				2-15-2301, MCA.
(5) "Eligible offender" means an offender who
				has been convicted of a fourth or subsequent offense of driving under the
				influence of alcohol or drugs or driving with excessive alcohol concentration
				and has been sentenced under
				61-8-731, MCA. The term excludes
				persons convicted of a sexual or violent offense as defined in
				46-23-502, MCA.
(6) "Facility" means the department-owned
				buildings and real property that comprise the former Eastmont human services
				campus.
(7) "Program" means the
				chemical dependency treatment program established in the former Eastmont human
				services center in Glendive, Montana.
(8) "Program participant" means an offender
				who is placed in the chemical dependency treatment program.
53-1-203, MCA; IMP,
					 53-1-210,
					 61-8-731,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.8 - Establishment of Eastmont Chemical Dependency Treatment Program › Rule 20.7.804 - EASTMONT CHEMICAL DEPENDENCY TREATMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department shall establish a chemical
				dependency treatment program for the custody, supervision, counseling, and
				treatment of eligible offenders in the facility in Glendive, Montana. The
				department shall choose a contractor to operate the program. The contractor
				shall establish an intensive therapeutic community-model program of
				approximately six months duration to satisfy the sentencing provision of
				61-8-731, MCA for eligible
				offenders.
53-1-203, MCA; IMP,
					 53-1-210 and
					 61-8-731,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.8 - Establishment of Eastmont Chemical Dependency Treatment Program › Rule 20.7.807 - ADMISSION TO THE PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) A local
				screening committee shall determine which eligible offenders it will admit to
				the program.
(2) The following
				individuals shall comprise the screening committee:
(a) a department employee appointed by the
				department;
(b) the program
				administrator or designee appointed by the contractor;
(c) a law enforcement officer appointed by
				both the Dawson county sheriff and the Glendive city police
				department;
(d) a member of the
				public who resides in the city of Glendive appointed by the Glendive city
				council; and
(e) a member of the
				public who resides within the Hillcrest or Georgetown subdivisions appointed by
				the Glendive city council.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.8 - Establishment of Eastmont Chemical Dependency Treatment Program › Rule 20.7.810 - REQUIREMENTS AFFECTING USE OF FACILITY

Current through Register Vol. 13, July 5, 2024
(1)
				The department and the contractor shall adhere to the following provisions that
				pertain to the use of the facility:
(a)
				program participants may not enter or occupy for any purpose buildings three
				and four;
(b) program participants
				may enter and occupy only buildings one and two;
(c) building two may only be used for
				programming and recreation. Participants may not enter building two between the
				hours of 10 p.m. and 7 a.m.;
(d)
				program participants' sleeping quarters in building one must be restricted to
				rooms whose windows face the interior courtyard or other fenced
				areas;
(e) program participants
				must be restricted from all outside areas except for the courtyard. The
				contractor shall provide direct supervision whenever participants are in the
				courtyard; and
(f) participant,
				staff and visitor access to the facility must be limited to the outside
				corridor located near the current dining area in building one.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.8 - Establishment of Eastmont Chemical Dependency Treatment Program › Rule 20.7.813 - REQUIREMENTS AFFECTING PROGRAM PARTICIPANTS AND VISITORS

Current through Register Vol. 13, July 5, 2024
(1) The department and the contractor shall
				adhere to the following provisions that pertain to program participants and
				visitors:
(a) program participants must wear
				clothing of an easily identifiable style and color, of which the contractor
				shall notify the public;
(b) the
				transport of program participants to the program may only be conducted by law
				enforcement or other supervised form of transportation approved by the
				department, including but not limited to the contractor, department staff,
				state or local law enforcement agencies or contracted transportation providers;
				and
(c) approved visitors may only
				visit program participants on Sundays unless otherwise approved by the
				department. Approved visitors may only access the facilityvia transportation
				provided by the contractor from an approved central Glendive city
				location.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.8 - Establishment of Eastmont Chemical Dependency Treatment Program › Rule 20.7.816 - EXPANSION OR MODIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				may not expand the capacity or modify the purpose of the program set forth in
				these rules unless it documents public support of a majority of public
				officials, a majority of residents of the community of Glendive, and a majority
				of the Hillcrest and Georgetown subdivisions.
(2) To document public support, the
				department shall conduct a survey of an unbiased representative sampling of the
				Glendive community and the Hillcrest and Georgetown subdivisions and a survey
				of the following public officials:
(a) members
				of the city and county governing bodies;
(b) the city and county attorney;
(c) the chief public defender, if there is
				one;
(d) the mayor;
(e) the local district court judge;
(f) state legislators for the area;
(g) the sheriff; and
(h) the chief of police.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "ACA standards" means
				American correctional association standards for adult community residential
				services.
(2) "Aftercare" means
				the community-based portion of the methamphetamine treatment program to which
				an offender is committed after successful completion of the residential
				component of the program.
(3)
				"Contractor" means a private, nonprofit Montana corporation organized and
				incorporated in this state under the Montana Nonprofit Corporation Act, Title
				35, chapter 2, MCA, with which the department enters a contract to operate a
				program.
(4) "Department" means
				the department of corrections established in
				2-15-2301,
				MCA.
(5) "Facility" means a
				building or a part of a building that houses a residential portion of a
				methamphetamine treatment program.
(6) "Participant" or "program participant"
				means an offender approved by the department and local screening committee to
				participate in the methamphetamine treatment program.
(7) "Program" means only the residential
				portion of a methamphetamine treatment program established pursuant to HB 326
				(Ch. 277) , L. 2005 and does not include, for the purposes of this subchapter,
				the community-based prerelease center portion of the treatment.
(8) "Residential" means a minimum of six
				months housed in a facility providing an intensive therapeutic community model
				of treatment.
AUTH:
					 53-1-203,
					 MCA; IMP:
					 53-1-201,
					 53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.904 - ESTABLISHMENT OF A METHAMPHETAMINE TREATMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department may operate or select a
				contractor to operate a program in an existing correctional facility.
(2) The department may select a
				contractor to site a facility and operate a program if, after a public hearing
				conducted by the contractor, the applicable governing body of the community
				passes a resolution in support of the proposal.
(3) The facility must be sited near a
				civilian population center within at least:
(a) 30 minutes emergency response time of a
				hospital; and
(b) 30 minutes
				emergency response time of a fulltime or volunteer fire department.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.907 - FACILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any facility
				housing a program must have controlled access and other appropriate security
				measures to prevent unauthorized access to or from the facility.
(2) The facility and its operation must
				comply with all applicable federal, state and/or local building codes and fire
				safety codes.
(3) The physical
				plant shall constitute a pleasant, safe, and healthful environment. Participant
				housing areas must conform to applicable ACA standards, provide access for
				participants with qualifying disabilities, and provide for participant safety
				and security.
(4) If the facility
				houses both male and female participants, the facility design, construction,
				and operation must assure adequate separation of the sexes to provide for the
				safety of both.
AUTH:
					 53-1-203,
					 MCA; IMP:
					 53-1-201,
					 53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.910 - POLICIES AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) A contractor
				must submit written policies and procedures for initial review and approval by
				the department prior to opening a facility or program, and update and submit
				them for annual review by the department thereafter.
(2) The policies and procedures must address:
(a) accounting for participant trust funds in
				accordance with accepted accounting procedures;
(b) protection against the danger of fire and
				smoke, injury attributable to the environment, electrical hazards, and the
				spread of disease and infection. The contractor must maintain records of
				inspections by local, state and federal authorities having jurisdiction;
(c) maintenance of participant
				records to assure confidentiality of criminal justice and treatment
				information. The contractor will release confidential information only to the
				department and appropriate persons;
(d) disciplinary procedures for alleged rule
				infractions by participants consistent with the department's disciplinary
				policies;
(e) incarceration of
				participants who violate program rules or who await transportation to a higher
				level of custody;
(f) continued
				operation of the facility and program in the event of an employee work
				stoppage, disaster, or emergency. The disaster and emergency plans and
				procedures shall be posted at highly visible locations and explained to each
				new participant at orientation. The contractor shall hold drills at least
				quarterly to evaluate the effectiveness of the plans and procedures;
(g) participant escapes consistent with the
				department's escape policies. The contractor must notify the proper authorities
				in a timely fashion;
(h)
				preemployment background checks of staff. The contractor may not employ anyone
				with a felony conviction without express written authorization of the
				department. The contractor must staff the center to conform to applicable
				standards to protect staff and participants from harm;
(i) compliance with the Federal Prison Rape
				Elimination Act;
(j) selection,
				pay, and supervision of inmate workers assigned to the facility as approved by
				the department; and
(k) food
				services that provide participants with at least the minimum daily adult level
				of caloric intake and nutritional levels as recommended by the U.S. department
				of agriculture, subject to annual review and approval by a qualified
				nutritionist, dietician, or physician.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.913 - ADMISSION TO THE PROGRAM AND AFTERCARE

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall recommend for admission to the program eligible offenders and
				other offenders committed to the custody of the department who the department
				deems will benefit from the treatment program and who are not otherwise
				disqualified by their institutional conduct or incapacity to complete
				treatment.
(2) A local screening
				committee, consisting of the following individuals, shall review the
				department's recommendation:
(a) one
				department employee;
(b) one person
				appointed by the contractor;
(c) a
				law enforcement officer appointed by both the sheriff of the county in which
				the center resides and the police department of the city if the center resides
				inside city limits; and
(d) a
				member of the public who resides in the city or county and appointed by the
				city council or county governing body depending on whether the center is
				located inside the city limits of a city.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.916 - SENTENCE SUSPENSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-1-203,
					 MCA; IMP:
					 45-9-102,
					 53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.9 - Establishment of a Residential Methamphetamine Treatment Center › Rule 20.7.919 - EXPANSION

Current through Register Vol. 13, July 5, 2024
(1) If the contractor and the department
				desire to increase the number of program participants over the number for which
				the department initially contracts, the department shall conduct a public
				hearing in the city or county in which the center is situated. The department
				shall conduct the hearing in conformity with Title 2, chapter 3, MCA.
(2) A resolution in support of the expansion
				by the applicable governing body of the community in which the facility is
				located must accompany any proposed expansion contemplated in (1).
AUTH:
					 53-1-203,
					 MCA; IMP:
					 53-1-201,
					 53-1-203,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.10 - Expansion of Contracted Treatment Facilities or Programs › Rule 20.7.1001 - INCREASE IN CONTRACT CAPACITY

Current through Register Vol. 13, July 5, 2024
(1) The
				Department of Corrections may biennially increase the department contract
				capacity by not more than 25 percent for a contracted treatment facility or
				program that was established through competitive bidding.
(2) The department may biennially increase
				the contract capacity of a contracted treatment facility or program by more
				than 25 percent but less than 50 percent for a treatment facility or program
				that was established through competitive bidding if:
(a) the department has determined, in
				writing, that the increase is in the best interest of the department;
(b) the increase does not change the nature
				of the contracted services provided in the facility or program; and
(c) the current contract has at least 12
				months remaining, including renewals, before expiration.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.11 - Conditions on Probation or Parole › Rule 20.7.1102 - WRITTEN AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) The probation
				and parole officer is required to provide in writing to the offender all of the
				conditions of probation, parole, or other community supervision. The offender
				must agree to the conditions before he/she is eligible to be supervised on
				probation, parole, or other community supervision. Further, such written
				agreement will contain the following statement: "I do hereby waive extradition
				to the state of Montana from any state in the union and from any territory or
				country outside the continental United States or to the state of Montana. I
				understand that this probation or parole is granted to and accepted by me
				subject to the conditions, limitations, and restrictions stated herein and with
				the knowledge that the Montana Board of Pardons and Parole, or the sentencing
				court or the Montana Department of Corrections have the power at any time in
				case of violation of the conditions, limitations, and restrictions of my
				probation or parole, to cause my detention and return to incarceration at any
				institution so designated by the department. I have read or have had read to me
				the foregoing conditions of my probation and parole. I fully understand them
				and I agree to abide by and strictly follow them and fully understand the
				penalties involved should I in any manner violate the foregoing conditions,
				limitation, or restrictions."
2-4-201, MCA; IMP,
					 46-23-1101,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.12 - Boot Camp Incarceration Program › Rule 20.7.1201 - SCREENING COMMITTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-30-403, MCA IMP:
					 53-30-403,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.12 - Boot Camp Incarceration Program › Rule 20.7.1202 - PROGRAM REQUIREMENTS AND REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-30-403, MCA IMP:
					 53-30-403,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.12 - Boot Camp Incarceration Program › Rule 20.7.1203 - TERMINATION FROM THE PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-30-403, MCA IMP:
					 53-30-403,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.12 - Boot Camp Incarceration Program › Rule 20.7.1204 - CERTIFICATION BY THE DEPARTMENT THAT THE OFFENDER HAS SUCCESSFULLY COMPLETED THE PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-30-403, MCA IMP:
					 53-30-403,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION › Subchapter 20.7.13 - Probation and Parole › Rule 20.7.1302 - AUTHORIZATION FOR PROBATION AND PAROLE OFFICERS TO CARRY FIREARMS, FIREARMS TRAINING REQUIREMENTS, AND DEPARTMENT PROCEDURES PERTAINING TO FIREARMS

Current through Register Vol. 13, July 5, 2024
(1) A currently
				appointed probation and parole officer is authorized to carry and deploy a
				department-issued firearm in the performance of official duties as provided in
				the department's written Probation and Parole Bureau Standard Operating
				Procedures.
(2) Within the initial
				time parameters required under
				44-4-404, MCA, a probation and
				parole officer shall successfully complete the department's POST-certified
				Basic Training Course for Probation and Parole Officers including the firearms
				training component and the firearms proficiency standards established for
				public safety officers by the Public Safety Officer Standards and Training
				Council (Council) under ARM
				23.13.215. The firearms
				proficiency standards must be met by the probation and parole officer only for
				the particular firearm issued by the department to the probation and parole
				officer.
(3) The department's
				written Probation and Parole Bureau Standard Operating Procedures governing the
				carrying of firearms and use of force must cover the following topics:
(a) required firearms training courses and
				certification procedure;
(b)
				type(s) of department-issued firearms permitted to be carried by probation and
				parole officers;
(c) circumstances
				under which a probation and parole officer is permitted to carry a firearm or
				is prohibited from carrying a firearm;
(d) circumstances under which a probation and
				parole officer is authorized to use a firearm in the deployment of deadly
				force;
(e) control and storage of
				department-issued firearms;
(f)
				monitoring and documenting the use of a firearm by a probation and parole
				officer; and
(g) any specific
				procedures or requirements pertaining to a probation and parole officer
				carrying a concealed firearm.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter, the following definitions
				  apply:
(1) "Committee" means a youth
				placement committee appointed by the youth court judge pursuant to
				41-5-121, MCA.
(2) "Committee records" means written
				documents submitted to the committee by the juvenile probation or parole
				officer, but does not include recording or documents required by the department
				for audits or monitoring of the committee process as required by
				41-5-2006, MCA.
(3) "Department" means the Department of
				Corrections as authorized in
				2-15-2301, MCA.
41-5-125, MCA; IMP,
					 41-5-121,
					 41-5-122,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.103 - DUTIES OF THE YOUTH PLACEMENT COMMITTEE CHAIR (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006,
					 53-1-203, MCA; IMP,
					 41-5-121,
					 41-5-122,
					 41-5-123,
					 41-5-124,
					 41-5-125,
					 41-5-130,
					 41-5-131,
					 41-5-132,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.106 - REFERRALS TO THE COMMITTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 41-5-121,
					 41-5-122,
					 41-5-123,
					 41-5-124,
					 41-5-125,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.110 - PROCEDURES FOR YOUTH PLACEMENT COMMITTEE MEETINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 41-5-122,
					 41-5-123,
					 41-5-124,
					 41-5-125,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.113 - PLACEMENT RECOMMENDATION PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 41-5-123,
					 41-5-124,
					 41-5-125,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.115 - CRITERIA FOR APPROVING RECOMMENDATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 41-5-123,
					 41-5-124,
					 41-5-125,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.116 - SIX-MONTH REVIEWS OF YOUTH CONTINUING IN PLACEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 41-5-122,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.117 - TEMPORARY AND EMERGENCY PLACEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-1-103(17),
					 53-1-203, MCA; IMP,
					 41-5-124,
					 41-5-527,
					 41-5-528,
					 41-5-529,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.120 - RECOMMENDATIONS FOR RESIDENTIAL TREATMENT OR PLACEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-1-203, MCA; IMP,
					 41-5-122,
					 41-5-123,
					 41-5-124,
					 41-5-125,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.121 - CHANGE OF PLACEMENT BY DEPARTMENT FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006 and
					 53-1-203, MCA; IMP,
					 41-5-123,
					 41-5-130,
					 41-5-2003,
					 41-5-2004 and
					 41-5-2005,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.122 - CONFIDENTIALITY OF COMMITTEE MEETINGS AND RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Meetings of a youth placement committee
				shall be closed to the public to protect the youth's right to individual
				privacy.
(2) Information presented
				to the committee about a youth and committee records are confidential and may
				not be disclosed to persons other than:
(a)
				committee members;
(b) department
				employees;
(c) the district or
				youth court judge with jurisdiction over the youth;
(d) the youth's parents, guardians or
				custodians;
(e) the county
				attorney;
(f) the youth's
				attorney;
(g) the youth's probation
				officer; or
(h) the youth care
				facility or juvenile correctional facility where the youth is placed.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.123 - EVALUATION OF JUDICIAL DISTRICTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006, MCA; IMP,
					 41-5-130,
					 41-5-131,
					 41-5-132,
					 41-5-2001,
					 41-5-2002,
					 41-5-2003,
					 41-5-2004,
					 41-5-2005,
					 41-5-2006,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.124 - ACCESS TO DISTRICT RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006, MCA; IMP,
					 41-5-215,
					 41-5-216,
					 41-5-2003,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.128 - REPORT TO THE LEGISLATURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006, MCA; IMP,
					 41-5-2006,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.129 - ALLOCATION OF JUVENILE PLACEMENT FUNDS TO JUDICIAL DISTRICTS AND COST CONTAINMENT FUND

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  20.9.204
41-5-2006, MCA; IMP,
					 41-5-130,
					 41-5-131,
					 41-5-132,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.134 - DISTRIBUTION OF FUNDS TO PARTICIPATING DISTRICT AT THE END OF A FISCAL YEAR (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006, MCA; IMP,
					 41-5-130,
					 41-5-131,
					 41-5-132,
					 41-5-2003,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.135 - MONITORING AND AUDITING OF PARTICIPATING AND NONPARTICIPATING DISTRICTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  20.9.207
41-5-2006,
					 53-1-203, MCA; IMP,
					 41-5-123,
					 41-5-2006,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.140 - DISTRIBUTION OF COST CONTAINMENT FUNDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006, MCA; IMP,
					 41-5-130,
					 41-5-131,
					 41-5-132,
					 41-5-2006,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.1 - Youth Placement Committees › Rule 20.9.141 - COST CONTAINMENT REVIEW PANEL (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-2006, MCA; IMP,
					 41-5-132,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.2 - Juvenile Delinquency Intervention Act › Rule 20.9.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter, the following definitions
				  apply:
(1) "CAPS" means child and
				adult protective services, the online statewide management system maintained by
				DPHHS.
(2) "Cost containment pool"
				means funds retained by the department under
				41-5-132, MCA, for disbursement by
				the cost containment review panel.
(3) "Cost containment review panel" means the
				panel established in
				41-5-131, MCA.
(4) "Department" means the Department of
				Corrections as authorized in
				2-15-2301, MCA.
(5) "DPHHS" means the Department of Public
				Health and Human Services.
(6)
				"Juvenile delinquency intervention act" (JDIP) means the act established by the
				Montana Legislature and implemented by the Department of Corrections to more
				effectively manage juvenile placement services and funding.
(7) "Mental disorder" has the meaning found
				in 53-21-102, MCA.
(8) "Youth correction facility" means a
				facility for the habilitation of delinquent youth such as the Pine Hills Youth
				Correctional Facility, Riverside Youth Correctional Facility, or a youth
				correctional facility under contract with the Department of
				Corrections.
41-5-125, MCA; IMP,
					 41-5-121,
					 41-5-122,
					 MCA;