reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.2 - Juvenile Delinquency Intervention Act › Rule 20.9.204 - ALLOCATION OF JUVENILE PLACEMENT FUNDS TO THE OFFICE OF COURT ADMINISTRATOR, JUVENILE PAROLE, JUDICIAL DISTRICTS, AND COST CONTAINMENT POOL

Current through Register Vol. 13, July 5, 2024
(1) For each fiscal year, out of the money
				appropriated by the Legislature for juvenile placement funds, the department
				will allocate money to the Office of Court Administrator, the cost containment
				pool, and the juvenile parole in the following manner and amounts:
(a) The department will allocate $25,000 to
				the Office of Court Administrator for evaluations of out-of-home placements,
				programs, and services.
(b) The
				department will allocate at least $1 million to the cost containment pool. The
				cost containment review panel will recommend to the department an amount to be
				allocated to the cost containment pool. After considering the recommendation of
				the cost containment review panel, the department shall determine if it will
				allocate more than $1 million to the cost containment pool. If the cost
				containment pool expenditures exceed $900,000 in the previous fiscal year, the
				department will allocate at least an amount equal to the amount over $900,000
				of pool expenditures in addition to $1 million to the pool for the next fiscal
				year; the department may allocate additional funds.
(c) After funds have been allocated as
				indicated in (1)(a) and (b), the department will allocate 11 percent of
				appropriated juvenile placement funds to juvenile parole for out-of-home
				placements, programs, and services for youth on juvenile parole.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.2 - Juvenile Delinquency Intervention Act › Rule 20.9.207 - MONITORING JUDICIAL DISTRICTS AND PROCESSING PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each judicial district and the department
				shall monitor the judicial district's annual allocation to ensure the judicial
				district does not exceed its annual allocation.
(2) In order to properly monitor the judicial
				district's annual allocation, the judicial district shall input costs for
				services to youth into the CAPS system or alternative system of payment
				processing. If a judicial district has extenuating circumstances that require
				an expenditure outside the CAPS system or alternative system of payment
				processing, the judicial district shall obtain the department's approval prior
				to the expenditure.
(3) The
				department will provide technical assistance to any judicial district that
				requests assistance with monitoring its annual allocation.
(4) The department shall prepare a monthly
				budget status report that indicates the amount each judicial district has
				expended or committed to expend from its annual allocation and the amount
				remaining in the allocation.
(a) The
				department shall submit the monthly budget status report to each judicial
				district and to the cost containment review panel.
(b) If it appears to the department that the
				judicial district will exceed its annual allocation, the department will notify
				the judicial district and the cost containment review panel of the judicial
				district's expected excess and advise the judicial district of appropriate
				procedures and actions it should take to come into compliance with the spending
				authority it has or procedures with which it must comply to receive additional
				funds from the cost containment pool.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.2 - Juvenile Delinquency Intervention Act › Rule 20.9.210 - REMOVING A YOUTH WITH A MENTAL DISORDER FROM A STATE YOUTH CORRECTIONAL FACILITY

Current through Register Vol. 13, July 5, 2024
(1) A youth correctional facility must remove
				a youth committed to it if the facility learns that the youth suffers from a
				mental disorder and, because of the mental disorder, the youth:
(a) is substantially unable to provide for
				the youth's own basic needs including the youth's health or safety; i.e.,
				cannot provide for the youth's hygiene;
(b) has recently caused self-injury or injury
				to others;
(c) presents an imminent
				threat of injury to himself/herself or others; or
(d) the youth's disorder will, if untreated,
				predictably deteriorate to the point the youth will become a danger to
				himself/herself or to others.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.301 - ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, INITIAL INVESTIGATION AND INFORMAL SETTLEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 52-1-103,
					 52-5-102 and
					 53-30-203, MCA; IMP,
					 52-5-129,
					 53-30-203 and
					 53-30-229,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.302 - PAROLE AGREEMENT VIOLATION, INITIAL INVESTIGATION, AND DETAINER

Current through Register Vol. 13, July 5, 2024
(1) When a parole officer has reason to
				believe a youth may have violated the youth's written parole agreement in a
				manner to justify the youth's return to a secure placement facility, the parole
				officer may issue a written notice to authorize the department or law
				enforcement officer to detain the youth.
(2) The parole officer must immediately
				investigate to determine whether the allegations constitute a violation of the
				written parole agreement. If, on the basis of the investigation, the parole
				officer concludes that the allegations do not constitute a violation of the
				written parole agreement, the officer shall dismiss the allegations and
				immediately cause the youth to be released from detention.
(a) "Secure placement facility" means a
				juvenile correctional facility or other placement deemed appropriate by the
				youth's parole officer.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.305 - ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, FORMAL HEARING PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 52-1-103,
					 52-5-102 and
					 53-30-203, MCA; IMP,
					 52-5-129,
					 53-30-203 and
					 53-30-229,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.306 - SCHEDULING AND NOTICE OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) The parole
				officer shall schedule a hearing to be held at the site of the alleged
				violation or in the county where the youth is residing or is found, in a
				location determined by the hearings officer. The hearing must occur within ten
				days after the youth's detention, or ten days after notice has been served on
				the youth, whichever is earlier.
(2) As soon as possible after the alleged
				violation, and at least 24 hours prior to the hearing, the parole officer shall
				serve the youth with the forms approved by the Youth Services Division which
				include written notice of the time, date, location of the hearing, and the
				alleged violation of the parole agreement.
52-5-102,
					 52-5-129, MCA; IMP,
					 52-5-102,
					 52-5-126,
					 52-5-127,
					 52-5-128,
					 52-5-129,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.307 - AFTERCARE VIOLATION HEARING - DETENTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-1-103,
					 52-5-102 and
					 53-30-203, MCA; IMP,
					 41-5-311,
					 52-5-129 and
					 53-30-228,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.308 - HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The youth may
				submit a written request to the hearings officer to continue the hearing for a
				reasonable time period for good cause. The hearings officer must confirm the
				mutually agreeable rescheduled date in writing to the youth and the youth's
				attorney.
(2) If a youth has failed
				to retain counsel, the hearings officer shall appoint an attorney to represent
				the youth.
(3) On request of either
				party, the hearings officer shall issue and the parole officer shall serve
				subpoenas to procure the attendance of witnesses or production of documents at
				the hearing.
(4) The hearing is a
				public proceeding. However, upon a finding that an individual right of privacy
				outweighs the public's right to know, the hearings officer may exclude members
				of the public from all portions of the hearing pertaining to privacy interests.
				Witnesses may attend only during their testimony.
(5) The hearing shall be conducted
				informally. The hearings officer must record the hearing and establish for the
				record the identity of persons present and that the youth received prior
				written notice of:
(a) the alleged violation
				of the parole agreement;
(b) the
				purpose of the hearing;
(c) the
				evidence against the youth and the facts constituting the alleged
				violation;
(d) the opportunity to
				have the hearings officer subpoena witnesses;
(e) the opportunity to be heard in person or
				by interactive video transmission and to present witnesses and documentary
				evidence to controvert the evidence against the youth and to show that there
				are compelling reasons that justify or mitigate the violation;
(f) the right to confront and cross-examine
				adverse witnesses in person or by means of interactive video transmission;
				and
(g) the right to be represented
				by an attorney.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.310 - AFTERCARE VIOLATION HEARING - HEARING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 52-5-102 and
					 53-30-203, MCA; IMP,
					 52-5-129,
					 53-30-203 and
					 53-30-229,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.311 - APPEAL

Current through Register Vol. 13, July 5, 2024
(1) The youth may appeal the hearings
				officer's decision to the department director by submitting a notice of appeal
				and any additional information within five days of the hearing. Upon request of
				the youth to the department, the youth may receive a copy of the recording of
				the hearing. The director or director's designee shall review the record and
				grant or deny the appeal within five days of receipt of the appeal.
(2) As soon as possible following receipt of
				request for a copy of the recording of the hearing, the hearings officer shall
				provide copies of the hearing recording to be made and submitted to the youth
				and to the department director.
(3)
				Within five days of receipt of the appeal, the department director shall review
				the decision of the hearings officer and determine whether the decision is
				supported by a preponderance of the evidence. The director shall either affirm
				the decision or vacate the decision.
(4) The statement shall contain notice to the
				youth of the youth's right to appeal, within ten days, the director's decision
				to the district court in the county where the parole revocation hearing was
				held and the youth's right to have a written transcript of the hearing if the
				youth appeals the decision to district court.
(5) Within a reasonable time of notice of the
				youth's appeal to district court, the department will furnish a transcript of
				the revocation hearing to the youth's attorney.
52-5-102,
					 52-5-129, MCA; IMP,
					 52-5-102,
					 52-5-126,
					 52-5-127,
					 52-5-128,
					 52-5-129,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.315 - WAIVER OF RIGHT TO HEARING

Current through Register Vol. 13, July 5, 2024
(1) At any time
				prior to the hearing, the youth may, upon the advice of an attorney, waive
				his/her right to the hearing on a form provided by the Youth Services Division
				for that purpose. A waiver of the hearing constitutes an admission by the youth
				of the alleged violations and authorizes the hearings officer to render a
				decision on the youth's placement in a youth correctional facility or in the
				community. A youth not represented by an attorney may not waive the right to a
				hearing.
52-5-102,
					 52-5-129, MCA; IMP,
					 52-5-102,
					 52-5-126,
					 52-5-127,
					 52-5-128,
					 52-5-129,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.3 - Parole › Rule 20.9.320 - FAILURE TO APPEAR FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) If a
				youth released pending hearing fails to appear for the hearing, the parole
				officer shall issue a certificate to detain the youth. The department shall
				schedule and hold a hearing within 72 hours of the youth's detention.
52-5-102,
					 52-5-129, MCA; IMP,
					 52-5-102,
					 52-5-126,
					 52-5-127,
					 52-5-128,
					 52-5-129,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.501 - YOUTH DETENTION FACILITY, PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.503 - YOUTH DETENTION FACILITY, DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.506 - YOUTH DETENTION FACILITY LICENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.510 - YOUTH DETENTION FACILITY, LICENSING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.513 - YOUTH DETENTION FACILITY, LICENSE REVOCATION AND DENIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.515 - YOUTH DETENTION FACILITY, HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.518 - YOUTH DETENTION FACILITY, CONFIDENTIALITY OF RECORDS AND INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.520 - YOUTH DETENTION FACILITY, REPORTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.524 - YOUTH DETENTION FACILITY, ADMINISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.526 - YOUTH DETENTION FACILITY, FISCAL MANAGEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.528 - YOUTH DETENTION FACILITY, PERSONNEL (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.533 - YOUTH DETENTION FACILITY, ENVIRONMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.535 - YOUTH DETENTION FACILITY, FIRE SAFETY (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.538 - YOUTH DETENTION FACILITY, NUTRITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.541 - YOUTH DETENTION FACILITY, HOUSEKEEPING (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.545 - YOUTH DETENTION FACILITY, SECURITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.547 - YOUTH DETENTION FACILITY, ADMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.550 - YOUTH DETENTION FACILITY, RIGHTS OF YOUTH (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.555 - YOUTH DETENTION FACILITY, COMMUNICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.558 - YOUTH DETENTION FACILITY, SUPERVISION OF MEDICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.561 - YOUTH DETENTION FACILITY, SERVICES AND PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.566 - YOUTH DETENTION FACILITY, DISCIPLINE (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.569 - YOUTH DETENTION FACILITY, PASSIVE PHYSICAL RESTRAINT (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.572 - YOUTH DETENTION FACILITY, TEMPORARY LOCKUP/SECURE OBSERVATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.575 - YOUTH DETENTION FACILITY, MECHANICAL RESTRAINT (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.5 - Licensure of Youth Detention Facilities › Rule 20.9.578 - YOUTH DETENTION FACILITY, RELEASE, TRANSFER AND TRANSPORTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-5-809, MCA; IMP,
					 41-5-802 and
					 41-5-809,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.601 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules establish the licensing
				requirements and procedures for youth detention facilities and short-term
				detention facilities. Except where specifically noted, these rules apply to
				both types of facilities.
41-5-1802, MCA; IMP,
					 41-5-1802,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.603 - FACILITY LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Each youth
				detention facility operating within the state of Montana must be licensed by
				the department. The facility's current youth detention license must be publicly
				displayed at the facility.
(2) The
				department shall issue a one-year youth detention facility license to any state
				or private facility which meets the requirements established by these rules, as
				determined by the department after a licensing study.
(a) The department shall renew the license
				annually on the expiration date of the previous year's license if the facility:
(i) makes written application for renewal at
				least 30 days prior to the expiration date of its current license;
				and
(ii) continues to meet the
				licensing requirements established by these rules, as determined by the
				department after a relicensing study.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.604 - LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Application for
				a youth detention facility license must be made on an application form provided
				by the department.
(2) Upon receipt
				of an application for license or renewal of license, the department shall
				conduct a licensing study to determine if the applicant meets applicable
				licensing requirements established in these rules. A licensing study must
				include an on-site visit for review of incident reports, logs, portions of the
				employee record as listed in ARM
				20.9.610, policies and procedures,
				other written rules, as well as interviews with detained youth and staff
				members.
(3) If the department
				determines that an application or accompanying information is incomplete or
				erroneous, it will notify the applicant, in writing, of the specific
				deficiencies or errors, and the applicant shall submit the required or
				corrected information within 30 days of receipt of the written notice. The
				department may not issue a license or renew a license until it receives all
				required or corrected information.
41-5-1802, MCA; IMP,
					 41-5-1802,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.605 - 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
				compliance with fire safety requirements;
(b) is not in substantial compliance with any
				other licensing requirements established by these rules;
(c) has made any misrepresentations to the
				department, either negligent or intentional, regarding any aspect of its
				operations or facility;
(d) has
				failed to take corrective action when a staff member has been found guilty of a
				criminal offense;
(e) has failed to
				report an incident of abuse or neglect within the facility to the county
				attorney, the department of corrections and the department of public health and
				human services as required by
				41-3-201, MCA; or
(f) has failed to comply with its plan to
				correct areas of noncompliance identified by an inspection as required in ARM
				20.9.604.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.606 - HEARING

Current through Register Vol. 13, July 5, 2024
(1) Any applicant or licensee who is
				dissatisfied because of the department's action refusing to grant a license,
				restricting, suspending a license, reducing to provisional license or revoking
				a license may request a hearing as provided in
				2-4-601, MCA.
41-5-1802, MCA; IMP,
					 41-5-1802,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.607 - CONFIDENTIALITY, DISPOSITION, AND DISSEMINATION OF RECORDS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Records maintained by a facility may be
				released to the following:
(a) the youth
				court and its professional staff;
(b) representatives of any agency providing
				supervision and having legal custody of a youth;
(c) any other person, by order of the court,
				having a legitimate interest in the case or in the work of the court;
(d) any court and its probation and other
				professional staff or the attorney for a convicted party who had been a party
				to proceedings in the youth court when considering the sentence to be imposed
				upon the party;
(e) the county
				attorney;
(f) the youth who is the
				subject of the report or record, after emancipation or reaching the age of
				majority;
(g) a member of a county
				interdisciplinary child information team formed under
				52-2-211, MCA, who is not listed
				in this rule;
(h) members of a
				local interagency staffing group provided for in
				52-2-203, MCA;
(i) persons allowed access to the records
				referred to under
				45-5-624, MCA;
(j) persons allowed access under
				42-3-203, MCA; and
(k) the licensing specialist for purposes of
				licensing only. The licensing specialist shall keep confidential any
				information identifiable to a particular youth.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.608 - REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The facility shall submit to the
				department, upon its request, any reports required by federal or state law or
				regulation.
(2) The facility shall
				report any of the following changes to the department prior to the effective
				date of the change:
(a) a change of
				director;
(b) a change in
				location;
(c) a change in the name
				of the agency, program or facility; or
(d) a significant change in the organization,
				administration, purposes, programs, or services.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.609 - ESCAPES

Current through Register Vol. 13, July 5, 2024
(1) Escapes must be reported immediately to
				law enforcement, the youth's probation officer, parent or legal guardian, and
				licensing specialist.
41-5-1802, MCA; IMP,
					 41-5-1802,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.610 - ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) Each facility shall be purchased, leased,
				or otherwise provided for by one or more counties.
(a) The facility shall ensure that the county
				commissioners provide for inspection of the facility annually. Inspection must
				include but is not limited to health, fire safety, security, rehabilitation
				programs, recreation, treatment of youth and personnel training.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.611 - FISCAL MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The facility or
				county commissioners must have written procedures which govern fiscal
				management consistent with accepted accounting practices.
(2) All financial records must be retained
				for three years and subject to audit in accordance with accepted auditing
				procedures.
(3) The facility shall
				show proof of institutional insurance coverage, including at a minimum fire,
				public liability, worker's compensation, and civil liability for
				employees.
41-5-1802, MCA; IMP,
					 41-5-1802,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.612 - MANAGEMENT, STAFF, AND TRAINING

Current through Register Vol. 13, July 5, 2024
(1) Each
				facility must have a director or program manager to whom all employees or units
				are responsible and who has responsibility and accountability for the
				day-to-day operations of the facility.
(a) The
				director must have the following qualifications:
(i) a bachelor's degree supplemented with
				experience working with youth or appropriate graduate education, or an
				equivalent combination of education and experience;
(ii) a thorough understanding of the purposes
				and programs of youth detention facilities in general;
(iii) general leadership, administrative, and
				management ability, including the ability to supervise youth care personnel;
				and
(iv) have or attain within
				three months of beginning employment a thorough working knowledge of the Youth
				Court Act and related laws of Montana regarding law enforcement, apprehension
				and detention of youth, and the youths' rights under the law.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.613 - ENVIRONMENT

Current through Register Vol. 13, July 5, 2024
(1) The facility shall provide an adequate
				and potable supply of water.
(a) The facility
				shall:
(i) connect to a public water supply
				system approved by the Montana Department of Environmental Quality;
				or
(ii) for a facility utilizing a
				nonpublic water system, follow and conform to all Montana Department of
				Environmental Quality rules, regulations, and standards for small water
				systems.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.614 - NUTRITION AND FOOD SAFETY

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policy, procedure, and practice requiring food service staff
				to develop advanced, planned menus and substantially follow the schedule. In
				the planning and preparation of all meals, the staff shall take into
				consideration food flavor, texture, temperature, appearance, and
				palatability.
(2) Youth must be
				given three well-balanced meals daily, as well as supplemental snacks
				appropriate to the nutritional needs of the youth.
(3) Written policy, practice, and procedure
				must provide for special diets as prescribed by appropriate medical or dental
				personnel. Such orders must be kept on file at the facility.
(4) Written policy, procedure, and practice
				must specify that the food services comply with the applicable sanitation and
				health codes as promulgated by federal, state, and local authorities.
(5) Written policy, procedure, and practice
				must provide for adequate health protection for all youth and staff in the
				facility and youth and other persons working in food service, including the
				following:
(a) where required by the laws
				and/or regulations applicable to food service employees in the community where
				the facility is located, all personnel involved in the preparation of food
				shall be free of diarrhea, skin infections, and other illness transmissible by
				food or utensils;
(b) when the
				facility's food services are provided by an outside agency or individual, the
				facility must have written verification that the outside provider is in
				compliance with state and local regulations regarding food service;
(c) all food handlers shall wash their hands
				with warm water and soap before handling food upon reporting to duty and after
				using toilet facilities;
(d) youth
				and other persons working in food service must be monitored each day for health
				and cleanliness by the director of food services or designee; and
(e) use of home canned products is
				prohibited.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.615 - PHYSICAL PLANT

Current through Register Vol. 13, July 5, 2024
(1) A facility
				shall comply with the following structural requirements:
(a) all rooms and hallways must have adequate
				lighting;
(b) adequate space must
				be provided for all phases of daily living, including recreation, privacy,
				group activities and visits;
(c)
				detention facilities must have indoor areas of at least 35 square feet of floor
				space per youth for quiet, reading, study, relaxing, and recreation. Halls,
				kitchens, and any rooms not used by youth may not be included in the minimum
				space requirement; and
(d) in
				detention facilities constructed or remodeled after the adoption of these
				rules, sleeping areas must contain at least 35 square feet of unencumbered
				space per youth. Facilities in operation prior to the adoption of these rules
				must contain at least 30 square feet of floor space per youth.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.616 - FIRE SAFETY

Current through Register Vol. 13, July 5, 2024
(1) The facility
				shall conform to applicable federal, state, and/or local fire safety codes.
				Compliance must be documented by the authority having jurisdiction. A fire
				alarm and automatic detection system are required and must be approved by the
				authority having jurisdiction.
(2)
				Written policy, procedure, and practice must specify the facility's fire
				prevention regulations and practices. These must include but are not limited to
				the following:
(a) provision for an adequate
				fire protection service;
(b) a
				system of fire inspection and testing of equipment at least quarterly or at
				intervals approved by the authority having jurisdiction, following the
				procedures stated for variances, exception, or equivalencies;
(c) an annual inspection by local or state
				officials or other qualified person; and
(d) availability of fire protection equipment
				at appropriate locations throughout the facility.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.617 - SAFETY AND SECURITY

Current through Register Vol. 13, July 5, 2024
(1) Each youth must
				be physically observed at intervals no more than 15 minutes apart.
(a) The facility shall implement a means of
				recording the daily population of youth in the facility. The means of such
				recording must be written in policy. The policy must ensure compliance with the
				requirement that the population of youth be recorded daily.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.618 - SEARCHES

Current through Register Vol. 13, July 5, 2024
(1) All policies and procedures on searches
				must, at a minimum, follow ACA standards.
(2) Although control of weapons and
				contraband is essential to the order and security of the detention facility,
				indiscriminate searches of youth are prohibited. Searches of a youth, the
				youth's possessions, room, or other areas of the facility are permitted only
				when there is sufficient reason to believe that the security of the facility is
				endangered or that contraband is present in the facility.
(3) A search policy must be established and
				made available to both staff and youth. The search policy must be reviewed at
				least annually and updated as needed.
(4) Searches may be performed for the
				following reasons:
(a) to prevent the
				introduction of weapons or other dangerous contraband into the
				facility;
(b) to detect the
				manufacture of weapons, escape devices, etc., within the facility;
(c) to discover and suppress trafficking
				between staff and youth;
(d) to
				check malicious waste or destruction of facility property; and
(e) to discover hazards to health or safety
				that may go unnoticed during routine inspections.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.619 - ADMISSION

Current through Register Vol. 13, July 5, 2024
(1) The facility shall obtain, in writing,
				the youth's court order or consent decree for the detention of a youth or a
				consent adjustment, or a written authorization for the detention of the youth
				from a law enforcement officer, probation officer (or designee of such
				probation officer), department representative enforcing a youth parole
				agreement, or other lawful authorizing documentation for detention of the youth
				under the requirements of the Montana Youth Court Act.
(2) Any youth held in detention must be
				between the ages of 10 and 18 years, may not be seriously mentally ill,
				exhibiting current symptoms that require acute hospitalization, or be
				criminally adjudicated.
(3) A youth
				who has been placed in detention may not be held longer than 24 hours,
				excluding weekends and legal holidays, unless a hearing has been held by the
				court to determine whether there is probable cause to believe the youth is a
				delinquent youth or a youth in need of intervention.
(a) The facility shall record the specific
				charges, date, and time of probable cause hearing.
(b) A parole youth who has been placed in
				detention may not be held longer than ten days, excluding weekends and legal
				holidays, unless a parole violation hearing has been held.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.620 - RIGHTS OF YOUTH

Current through Register Vol. 13, July 5, 2024
(1) The facility
				shall implement the following policies and procedures governing the rights of
				youth which must be in accordance with ACA standards, and must include:
(a) the facility's written grievance
				procedure for youth and the youth's right to make requests or complaints to the
				facility's administration without censorship;
(b) a provision that youth have the right to
				determine the length and style of their hair, including facial hair except when
				a valid security interest justifies otherwise; and
(c) a provision that a youth has the right to
				be separated from the general population insofar as space and staffing patterns
				permit.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.621 - COMMUNICATION / MAIL

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must have written policies and procedures governing correspondence which must
				be in accordance with ACA standards. The policies and procedures must include
				the following:
(a) the facility may routinely
				screen and refuse mail going to or incoming from another correctional or
				detention facility unless it is from a member of the youth's immediate
				family;
(b) the facility may refuse
				any incoming mail from a youth who was released from any facility, placement,
				correctional facility and/or program within 30 days prior to the date of the
				correspondence;
(c) at the youth's
				request, the facility shall provide postage for the mailing of a maximum of two
				letters per week;
(d) appropriate
				stationery, envelopes, and a writing implement must be supplied;
(e) written policy and procedure must specify
				that youth are permitted to send sealed letters to a specified class of persons
				and organizations and privileged correspondence including but not limited to
				courts, counsel, officials of the confining authority, administrators of
				grievance systems, and members of the releasing authority;
(f) youth have the right to communicate or
				correspond with persons or organizations subject only to the limitations
				necessary to maintain facility order and security;
(g) youths' mail, both incoming and outgoing,
				may be opened and inspected for contraband. Mail may be read, censored, or
				rejected when based on legitimate facility interest of order and security. The
				youth must be notified when incoming or outgoing letters are withheld in part
				or in full;
(h) incoming
				correspondence may be opened and inspected for cash, checks, or money orders.
				Receipt of all cash, checks, and money orders sent to youth must be documented
				and the money retained for the youth in accordance with the written procedures
				of the facility; and
(i) youth
				shall not be denied mail rights for disciplinary purposes.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.622 - VISITATION AND TELEPHONE USE

Current through Register Vol. 13, July 5, 2024
(1) The facility
				shall adopt policies and procedures governing visitation in accordance with ACA
				standards including the following requirements:
(a) Youth have the right to receive visits
				subject only to the limitations necessary to maintain facility order and
				security.
(b) A facility shall
				permit informal communication between youth and visitors, including opportunity
				for physical contact. Physical contact may be restricted, on a case-by-case
				basis, if it is determined to compromise the facility's security.
(c) All visitors shall register their name
				and relationship to youth. A "search notice" sign which advises visitors of the
				policy provisions regarding visitation must be conspicuously posted and pointed
				out to all visitors.
(d) Youth must
				be searched after each contact visit.
(e) The visiting area must be thoroughly
				searched before and after each visiting period.
(f) During a visit, there must be a system
				for staff to observe youth and visitors at all times.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.623 - HEALTH CARE

Current through Register Vol. 13, July 5, 2024
(1) Written policy,
				procedure, and practice must provide that the facility has a designated health
				authority with responsibility for health care pursuant to a written agreement,
				contract, or job description.
(a) The health
				authority may be a physician, physician assistant, nurse practitioner, health
				administrator, or health agency. When the authority is other than a physician,
				final medical judgments must rest with a single designated physician.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.624 - SERVICES AND PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) This rule
				applies to provision of services to all youth who remain in detention beyond
				ten days.
(2) A range of resources
				should be provided to meet the needs of youth, including individual and family
				counseling and community services.
(a) Youth
				should be afforded access to mental health counseling and crisis intervention
				services in accordance with their needs.
(b) Psychiatric, psychological, medical, and
				other diagnostic services, as determined by the youth court, must be available
				to every youth either provided directly by the facility or by contracting with
				an outside agency or licensed provider which provides such services.
(c) Other professional services should be
				provided as needed.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.625 - EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) A detention facility licensed by the
				department shall provide each youth detained for 10 or more consecutive days
				with the opportunity for education.
(2) A licensed facility must have written
				policies and procedures governing education which include at a minimum:
(a) An educational policy for the facility
				that provides the youth with:
(i) educational
				rights under Montana and federal law, including the Individuals with
				Disabilities Education Act; and
(ii) the opportunity to participate in an
				educational program. At the discretion of the facility, this program may be
				provided in conjunction with cooperating school districts or may be provided by
				the facility.