reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.626 - OVER CAPACITY

Current through Register Vol. 13, July 5, 2024
(1) Each facility
				must have an over capacity plan which must be in accordance with the facility's
				policies and procedures, and must be approved by the facility director or
				program manager. The plan must provide for the following:
(a) the nature of the offense of the youth
				who will cause the facility to go over capacity, and the nature of the offense
				of the youth already in the facility;
(b) reasonable efforts must have been made to
				place youth at another facility;
(c) over capacity space must be predesignated
				in the facility policy, and must comply with ACA standards;
(d) the staff-to-youth ratio must be
				maintained; and
(e) the facility
				may not go over capacity if it will jeopardize the safety and security of the
				youth detained or the facility.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.627 - DISCIPLINE

Current through Register Vol. 13, July 5, 2024
(1) The facility shall use appropriate forms
				of discipline but may not use any form of corporal punishment or any other
				technique which is humiliating, shaming or otherwise damaging to
				youth.
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 20.9.628 - INTERVENTION AND RESTRAINT

Current through Register Vol. 13, July 5, 2024
(1) The facility
				shall provide training in intervention and restraint to all staff members who
				may be required to use intervention and restraint. The facility shall provide
				at least yearly refresher courses.
(2) Intervention and restraint of a youth may
				only be used to end a disturbance by a youth that immediately threatens
				physical injury to the youth, other persons, or property.
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 20.9.629 - ADMINISTRATIVE SEGREGATION AND DISCIPLINARY DETENTION

Current through Register Vol. 13, July 5, 2024
(1) Each facility which uses administrative
				segregation or disciplinary detention must have written policies governing
				these practices which comply with ACA standards.
(2) Administrative segregation may be used as
				a measure for behaviors by a youth such that the youth's continued presence in
				the general population poses a serious threat to life, property, self, staff,
				or other youth. Protective custody may be used for youth requesting or
				requiring protection from other youth.
(3) Disciplinary detention may be used to
				control a youth found to have committed a serious rule violation and may only
				be utilized for a maximum of 23 hours per day. Youth in disciplinary detention
				must be provided with an opportunity of at least one hour of large muscle
				exercise per day. No youth may be held for longer than four consecutive days.
				Facility policy must identify acts which are considered to be serious rule
				violations.
(4) The youth must be
				provided a due process disciplinary hearing within 48 hours when placed in
				disciplinary detention.
(5) Each
				facility which utilizes disciplinary detention shall have written policies
				which describe, at a minimum:
(a) the criteria
				for use of disciplinary detention;
(b) the procedure for a due process hearing;
				and
(c) the procedure by which a
				youth can appeal the findings of a due process hearing to the facility director
				or designee.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.630 - MECHANICAL RESTRAINT

Current through Register Vol. 13, July 5, 2024
(1) Each facility
				which utilizes mechanical restraint must have a written statement of its
				policies.
(2) The use of four or
				five-point restraints is prohibited in youth detention facilities.
(3) The use of mechanical restraint may only
				be permitted to transport youth or to control aggressive or assaultive behavior
				that is a clear and present danger to the youth, other youth, staff, property
				damage, or the safety and security of the facility.
(4) The facility shall not:
(a) deny food to a youth who is mechanically
				restrained; or
(b) subject a youth
				to corporal punishment or abusive or degrading treatment.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.631 - INFLAMMATORY AGENT

Current through Register Vol. 13, July 5, 2024
(1) Each facility
				which utilizes inflammatory agents must have a written procedure which
				includes:
(a) inflammatory agents may only be
				permitted when a lesser degree of force is not effective to prevent serious
				injury to youth or staff, or to ensure the safety and security of the
				facility;
(b) inflammatory agents
				may be used only by employees specifically trained by a certified oleoresin
				capsicum trainer in its use and effects upon youth; and
(c) inflammatory agents may not be used for
				punishment, for the convenience of staff, or as a substitute for
				programming.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.632 - TRANSFERS

Current through Register Vol. 13, July 5, 2024
(1) Transfers to other facilities must be by
				youth court order or by other proper written authorization.
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 20.9.633 - TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) The facility must have policy and
				procedures for transportation of youth which are in accordance with good
				correctional practice and state and federal law.
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 20.9.634 - RELEASE

Current through Register Vol. 13, July 5, 2024
(1) A youth's release from or continuance in
				detention must be determined by proper authority.
(a) The youth court release from detention
				must be in writing and on file at the facility.
(b) If a release by the youth court is made
				by phone, it must be followed up by a written release no later than close of
				business the following business day.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.635 - PRISON RAPE ELIMINATION ACT

Current through Register Vol. 13, July 5, 2024
(1) Each
				facility must have a written policy, procedure, and practice to ensure that
				information is provided to juveniles about sexual abuse/assault including:
(a) each policy, procedure, and practice will
				include information regarding:
(i)
				prevention/intervention;
(ii)
				self-protection;
(iii) reporting
				sexual abuse/assault; and
(iv)
				treatment and counseling.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Assigned
				juvenile parole officer" means the officer whom the Youth Services Division
				assigns to monitor the youth who enters a state youth correctional
				facility.
(2) "Department" means
				the Department of Corrections as authorized in
				2-15-2301, MCA.
(3) "Discharge" means formal action taken by
				the department to relieve both the department and the youth court of
				jurisdiction over a youth who has been committed to department
				custody.
(4) "Facility" means a
				state youth correctional facility as defined in
				41-5-103, MCA.
(5) "Length of stay" means the length of time
				a youth is incarcerated in a state youth correctional facility.
(6) "Parole" means release from a state youth
				correctional facility to the community, subject to supervision of the
				department.
(7) "Release" means the
				act of allowing the youth to leave the youth correctional facility to juvenile
				parole.
(8) "Secure facility
				emergency release" is a release granted by the superintendent of a state youth
				correctional facility because the population of the facility has exceeded the
				capacity of the facility.
(9)
				"Youth parole agreement" means a document containing the terms and conditions
				of the youth's release on parole.
52-5-102, MCA; IMP,
					 52-5-102,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.702 - MEMBERSHIP OF LENGTH OF STAY COMMITTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-5-102, MCA; IMP,
					 52-5-102,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.703 - LENGTH OF STAY

Current through Register Vol. 13, July 5, 2024
(1) The youth
				correctional facility will determine a tentative length of stay for each youth
				who enters the facility. The length of stay establishes the tentative date upon
				which the facility will release the youth because the youth is suitable for and
				will be placed on juvenile parole.
(2) The facility will determine the tentative
				length of stay within the first 30 days the youth is admitted to the facility.
				The facility will inform the youth, the youth's parents or guardians, and the
				assigned juvenile parole officer of the length of stay the facility has
				established and the tentative release date.
(3) To determine the initial tentative length
				of stay the facility may consider any criteria deemed important, including but
				not limited to the following:
(a) the category
				of criminal offense or offenses the youth has committed; i.e., violent offense,
				crime against the person, property crime, sex offense, or misdemeanor
				offense;
(b) the number of offenses
				for which the youth has been adjudicated;
(c) the youth's treatment needs;
				and
(d) the recommendations of the
				youth court.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.704 - LENGTH OF STAY COMMITTEE DECISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-5-102, MCA; IMP,
					 52-5-102,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.705 - PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Each facility must have written
				procedures that govern length of stay. The procedures must be based on
				department policy and approved by the Youth Services Division
				administrator.
(2) The length of
				stay procedures must provide for the following:
(a) youth with similar delinquency histories
				and similar offenses will receive similar lengths of stay;
(b) a youth has incentives to demonstrate
				positive change so youth can shorten the assigned length of stay;
(c) the criteria the facility uses to
				establish a tentative length of stay are consistent, fair, and objective;
				and
(d) the facility may take into
				consideration aggravating or mitigating factors which demonstrate the necessity
				of a longer or shorter length of stay.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.706 - DETERMINATION OF CAPACITY AND ALTERNATE PLACEMENT

Current through Register Vol. 13, July 5, 2024
(1) Annually, the department will determine
				the capacity for each state youth correctional facility. Each year when the
				department has determined the facility capacities, it will notify all district
				courts, sheriffs, and youth courts in the state of the capacity of each
				facility.
(2) When the population
				of a youth correctional facility exceeds its established capacity, the
				department director may declare that the facility has exceeded its capacity and
				stop admissions to the facility. If the director stops admissions to the
				facility, the department will notify each district court, sheriff, and youth
				court that the facility will not accept admissions until the population of the
				facility is less than the established capacity.
(3) During any time the department stops
				admissions to a facility, the department will find alternative placements for
				youth whom the courts commit to the department. Before the department places a
				youth in an alternative placement, it will inform the court that committed the
				youth and seek approval for the alternative placement. The department may not
				make the alternative placement without approval of the committing
				court.
52-5-102,
					 52-5-105, MCA; IMP,
					 41-5-355,
					 52-5-101,
					 52-5-102,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.7 - Parole and Release of Youth › Rule 20.9.707 - RELEASE, SUPERVISION STATUS CHANGE, AND DISCHARGE OF YOUTH

Current through Register Vol. 13, July 5, 2024
(1) The department will release a youth from
				a youth correctional facility when:
(a) the
				youth has spent the maximum amount of time in a youth correctional facility
				pursuant to
				41-5-1522, MCA;
(b) the department places the youth on
				juvenile parole pursuant to a parole agreement; or
(c) the youth court order remands the youth
				back to youth court supervision once the adjudication to the department is
				completed.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.8 - Confidentiality of Youth Records › Rule 20.9.801 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Data" means any data
				related to the records maintained in any youth management information system
				developed by or used by the Department of Corrections Youth Services
				Division.
(2) "Department" means
				the Department of Corrections.
(3)
				"State enterprise technology policy" means an executive branch information
				technology policy published by the Department of Administration.
(4) "User ID" means a character string which
				identifies an individual to a computer system, enabling access and/or update
				capabilities.
(5) "Validation
				tables" means a mechanism to ensure that the data that are entered fall within
				specific boundaries. The table contains the only acceptable data that may be
				entered into the system so the person entering the data is restricted to enter
				only those words or numbers that are in the validation table.
(6) "Youth management information system"
				means the computer systems and staff who manage the systems in the Department
				of Corrections and which contain information and records involving the
				management of youth under supervision of the Department of
				Corrections.
(7) "Youth Services
				Division" means a division of the Department of Corrections consisting of
				juvenile corrections programs including Pine Hills Youth Correctional Facility,
				Riverside Youth Correctional Facility, and the Youth Community Corrections
				Bureau.
41-5-220, MCA; IMP,
					 41-5-220,
					 41-5-221,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.8 - Confidentiality of Youth Records › Rule 20.9.802 - YOUTH ELECTRONIC RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will maintain an electronic youth management information system. The department
				will maintain the electronic youth management information system separate from
				any adult electronic management information system.
41-5-220, MCA; IMP,
					 41-5-220,
					 41-5-221,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.8 - Confidentiality of Youth Records › Rule 20.9.803 - INTEGRITY OF YOUTH ELECTRONIC RECORDS IN DEPARTMENT YOUTH MANAGEMENT INFORMATION SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) To control the
				integrity of the information in the youth management information system, only
				authorized persons will be given the capability to enter data into the system
				as granted authorization by the Youth Services Division administrator or
				designee to enter data.
(2) Persons
				who are granted authorization to enter data will be specially trained by the
				department to enter correct data into the youth management information
				system.
(3) The statistics unit of
				the department will periodically run reports to validate the integrity of the
				information in the youth management information system. The statistics unit
				will identify missing or incomplete information with these reports.
(4) When a person enters or changes data in
				the youth management information system, the system will record the name and
				user identification of the person who entered or changed the data, and the date
				and time it was entered, changed, or deleted.
(5) The system will utilize validation tables
				whenever possible.
41-5-220, MCA; IMP,
					 41-5-220,
					 41-5-221,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.8 - Confidentiality of Youth Records › Rule 20.9.804 - SECURITY OF YOUTH ELECTRONIC RECORDS IN DEPARTMENT YOUTH MANAGEMENT INFORMATION SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) To control the
				security of the information in the youth management information system, the
				Youth Services Division administrator or designee will give to the Information
				and Business Technology Bureau security officer(s) the names of persons who
				need access to the youth management information system. The Information and
				Business Technology Bureau security officer(s) or designee will grant or deny
				access to the persons whose names are forwarded. Upon recommendation of the
				Youth Services Division administrator or designee, the Information and Business
				Technology Bureau security officer(s) will remove or terminate previously
				granted access.
(2) The
				department's chief information officer may periodically review access that has
				been granted, denied, or terminated.
(3) Youth Services Division personnel who
				learn of or suspect a security breach in the youth management information
				system must report the security breach to the department's chief information
				officer.
(4) Any employee with
				access to the youth management information system who engages in unauthorized
				use, disclosure, alteration, or destruction of data will be subject to
				appropriate disciplinary action, including possible dismissal and legal
				action.
(5) The Information and
				Business Technology Bureau of the department is responsible for physical
				security and access control to the hardware that hosts the youth management
				information system.
(6) The
				Information and Business Technology Bureau of the department will secure
				back-up tapes off-site in compliance with state enterprise technology
				policy.
41-5-220, MCA; IMP,
					 41-5-220,
					 41-5-221,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.8 - Confidentiality of Youth Records › Rule 20.9.805 - CONFIDENTIALITY OF YOUTH ELECTRONIC RECORDS IN DEPARTMENT YOUTH MANAGEMENT INFORMATION SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) The information
				in the youth management information system is confidential and shall not be
				disseminated to anyone outside the department unless specifically authorized by
				the Youth Services Division administrator or designee.
(2) Each individual who is granted access to
				the youth management information system shall be responsible for maintaining
				the confidentiality of the information.
(3) No statistical report the department
				prepares will contain any identifying information of a youth or any information
				that would allow identification of a youth.
41-5-220, MCA; IMP,
					 41-5-220,
					 41-5-221,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.12 - RESTITUTION › Subchapter 20.12.1 - Collection and Disbursement › Rule 20.12.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this sub-chapter, the following definitions
				  apply:
(1) "Administrative fee" means
				the cost of supervising the payment of restitution authorized by
				46-18-201, MCA.
(2) "Cost of collecting the payments for
				restitution" means the actual cost a collection agency under contract with the
				department incurs to collect restitution plus the 10% fee for the cost of
				supervising the payment of restitution for an offender whose criminal sentence
				has expired.
(3) "Department" means
				the department of corrections established in
				2-15-2301, MCA.
(4) "Felony offender" means a person who has
				been found guilty of a felony offense upon a verdict of guilty or a plea of
				guilty or nolo contendere, and whom a judge has ordered to pay restitution to a
				victim, including a juvenile convicted under
				41-5-206, MCA.
(5) "Inmate account" means the prison inmate
				trust account an incarcerated offender maintains pursuant to
				53-1-107, MCA.
(6) "Offender" has the same meaning as felony
				offender in (4).
(7) "Restitution"
				means the amount of money a district court judge has ordered a felony offender
				to pay to a victim.
(8) "State
				prison" has the same meaning as found in
				53-30-101, MCA.
(9) "Victim" has the same meaning as found in
				46-18-243, MCA.
46-18-241,
					 46-18-244, MCA; IMP,
					 46-18-241,
					 46-18-244,
					 46-18-245,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.12 - RESTITUTION › Subchapter 20.12.1 - Collection and Disbursement › Rule 20.12.103 - GENERAL ORGANIZATION - DEPARTMENT RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The department shall maintain a victim's
				restitution fund to hold in trust all restitution payments made by or on behalf
				of offenders. The department shall maintain a special revenue account to hold
				administrative fees to pay for the cost to administer the restitution
				program.
(2) For each felony
				offender subject to a restitution judgment, the department shall maintain the
				following:
(a) a list of each cause number of
				each case for which a judge ordered the offender to pay restitution, and the
				amount the judge ordered the offender to pay in each case; and
(b) each payment the offender has paid and
				how the department applied it to the offender's outstanding restitution
				obligation.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.12 - RESTITUTION › Subchapter 20.12.1 - Collection and Disbursement › Rule 20.12.106 - COLLECTION OF RESTITUTION

Current through Register Vol. 13, July 5, 2024
(1) For offenders
				who are incarcerated in a state prison, prison officials may take up to 50% of
				money that enters an inmate's prison account to satisfy the offender's
				restitution obligation.
(2) The
				state prison shall withhold 15% of gross wages paid to an inmate in a federally
				certified prison industries program to satisfy unpaid restitution in the manner
				provided by these rules. If the obligation has been fully paid or no
				restitution was ordered, the department shall forward the amount to the crime
				victim compensation program in the department of justice.
(3) The state prison shall forward the
				restitution payment to the department's central office in Helena on a monthly
				basis.
(4) Offenders under
				supervision of adult probation and parole or a prerelease center shall submit
				restitution payments directly to the department in an amount determined by the
				offender's probation and parole officer or case manager in accordance with
				46-18-244(6),
				MCA.
(5) Offenders who are not
				incarcerated in a state prison or youth correctional facility, or who are no
				longer under supervision by the state, shall continue to pay restitution and
				administrative fees directly to the department.
(6) Offenders shall send restitution payments
				by cashier's check or money order addressed to the Department of Corrections,
				Attn: Restitution, P.O. Box 201350, Helena, Montana 59620-1350. The department
				may accept checks from the prerelease centers on behalf of offenders who reside
				in the center or from an offender's employer pursuant to a garnishment
				order.
46-18-241, MCA; IMP,
					 46-18-241,
					 46-18-244,
					 46-18-245,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.12 - RESTITUTION › Subchapter 20.12.1 - Collection and Disbursement › Rule 20.12.109 - REFERRAL TO COLLECTION AGENCY - GARNISHMENT

Current through Register Vol. 13, July 5, 2024
(1) The department may refer outstanding
				restitution obligations for collection by a private collection agency or the
				department of revenue.
(2) The
				collection agents specified in (1) shall forward all money collected for
				restitution less the agency's actual costs of collection to the
				department.
(3) The department
				shall withhold an administrative fee of 10% of the payment it receives from a
				private agency or the department of revenue.
(4) Upon receipt of information that a person
				under the supervision of the department of corrections is entitled to receive
				money from any source, the department may request the office of victim services
				in the department of justice and the county attorney for the county in which
				the person was sentenced to petition the sentencing court to garnish the money
				for the payment of restitution, child support, and per diem costs of
				incarceration.
46-18-241, MCA; IMP,
					 46-18-237,
					 46-18-241,
					 46-18-244,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.12 - RESTITUTION › Subchapter 20.12.1 - Collection and Disbursement › Rule 20.12.111 - DEPARTMENT PAYMENTS TO VICTIMS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall disburse victim restitution fund balances greater than $25 at
				least monthly. The department shall disburse fund balances of $25 or less on a
				quarterly basis.
(2) If the
				judgment does not specify the timing or sequence in which multiple victims are
				to receive restitution, the department shall pay victims by the most equitable
				method determined in the discretion of the department, following these general
				guidelines:
(a) for multiple restitution
				obligations of less than $500, the department shall distribute restitution
				payments in the order listed in the judgment until each victim's restitution is
				paid in full;
(b) for multiple
				restitution obligations greater than $500, the department shall distribute
				restitution payments to all individual victims on a prorated basis;
				and
(c) the department shall pay
				the crime victim compensation program, then any state or local government
				agency after all individual victims have received full restitution.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.13 - OFFENDER FINANCIAL TRANSACTIONS › Subchapter 20.13.1 - Inmate Trust Accounts › Rule 20.13.102 - INMATE TRUST ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) The Department
				of Corrections has an inmate trust account system in which it has established
				non-interest bearing accounts for inmates.
(2) The department will account for all
				inmate funds in compliance with generally accepted accounting principles and
				discourage theft and the inappropriate use of cash that may present safety and
				security concerns within facilities.
(3) All money in the inmate's possession at
				intake, received while in state prison from approved correspondents, or earned
				from an inmate work assignment or hobby sales will be deposited in the inmate's
				trust account.
(4) The accounting
				unit will make deductions from money received for obligations under
				53-1-107(2), MCA,
				prior to depositing the money in the inmate's trust account.
(5) When an inmate is released from a
				facility, the balance of the inmate's trust account will be returned to the
				inmate.
AUTH:
					 53-1-107, MCA; IMP:
					 53-1-107,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.13 - OFFENDER FINANCIAL TRANSACTIONS › Subchapter 20.13.1 - Inmate Trust Accounts › Rule 20.13.103 - INMATE WORKER SAVINGS SUBACCOUNT

Current through Register Vol. 13, July 5, 2024
(1) Inmates
				incarcerated in a state prison shall be subject to a minimum 20% savings
				deduction from their monthly earnings, which will be held in trust for each
				inmate and accounted for in savings subaccounts on the department trust
				accounting system.
(2) The savings
				deduction will be applied to an inmate's monthly earnings after accounting for
				all mandatory obligations. If taking a monthly savings deduction will render
				the inmate indigent as defined in department policy, no savings will be
				deducted for that month.
(3) For
				purposes of this rule, "monthly earnings":
(a)
				include funds received from the department for education, treatment, or work
				assignments;
(b) exclude funds
				received from outside sources including family and proceeds from hobby
				sales.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.13 - OFFENDER FINANCIAL TRANSACTIONS › Subchapter 20.13.1 - Inmate Trust Accounts › Rule 20.13.108 - RENTAL VOUCHERS - OFFENDER ELIGIBILITY - RENTAL VOUCHER DISBURSEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Eligibility for rental voucher assistance
				to offenders re-entering the community on parole is based on the criteria in
				46-23-1041, MCA,
				and this rule.
(2) The term "unable
				to secure" suitable living arrangements, as used in
				46-23-1041, MCA
				means that at the time of applying/being referred for rental voucher
				assistance, the offender has insufficient personal funds in the inmate trust
				account system (
				53-1-107,
				MCA) to pay:
(a) non-recurring re-entry
				expenses specified in (3); and
(b)
				three months of recurring monthly living expenses specified in (4).
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.15 - CLINICAL SERVICES › Subchapter 20.15.1 - Payment of Provider Claims at Medicaid Rate for Patients in Department of Corrections Custody › Rule 20.15.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				these rules is to implement
				53-6-1312, MCA, which establishes
				the Medicaid schedule of rates as the reimbursement rates that the State of
				Montana (State) pays for health care services provided to an individual who
				does not qualify for Medicaid, Medicare, a health insurer, or another private
				or governmental program that pays for health care costs and is:
(a) in the custody of the Department of
				Corrections; or
(b) a resident, by
				commitment or otherwise, of the Montana State Hospital, the Montana Mental
				Health Nursing Care Center, the Montana Chemical Dependency Center, or the
				Montana Developmental Center.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.15 - CLINICAL SERVICES › Subchapter 20.15.1 - Payment of Provider Claims at Medicaid Rate for Patients in Department of Corrections Custody › Rule 20.15.102 - A PROVIDER MUST ENROLL IN MEDICAID AND ACCEPT THE MEDICAID REIMBURSEMENT RATE TO RECEIVE PAYMENT BY STATE

Current through Register Vol. 13, July 5, 2024
(1) To receive
				payment from the State for health care services provided to an individual
				identified in
				53-6-1312, MCA, a provider must:
(a) be enrolled as a Montana Medicaid
				provider;
(b) accept the Montana
				Medicaid rates as full payment for all health care services; and
(c) comply with the requirements of this
				subchapter.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.15 - CLINICAL SERVICES › Subchapter 20.15.1 - Payment of Provider Claims at Medicaid Rate for Patients in Department of Corrections Custody › Rule 20.15.103 - PROVIDER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Except for the
				administrative rules listed in (2), the provider requirements of ARM Title 37,
				chapter 85, subchapter 4, "Provider Requirements," apply to the delivery of
				health care services provided to an individual identified in
				53-6-1312, MCA. For the purposes
				of this subchapter, a reference to "Montana Medicaid" or "Medicaid" in ARM
				Title 37, chapter 85, subchapter 4 is understood to mean payments made under
				53-6-1312, MCA.
(2) The following administrative rules do not
				apply to providers receiving payment for services provided to an individual
				identified in
				53-6-1312, MCA:
(a) ARM
				37.85.407, Third Party
				Liability;
(b) ARM
				37.85.411, Provider
				Rights;
(c) ARM
				37.85.415, Medical Assistance
				Medicaid Payment; and
(d) ARM
				37.85.416, Statistical Sampling
				Audits.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.15 - CLINICAL SERVICES › Subchapter 20.15.1 - Payment of Provider Claims at Medicaid Rate for Patients in Department of Corrections Custody › Rule 20.15.104 - COST SHARING DOES NOT APPLY

Current through Register Vol. 13, July 5, 2024
(1) The cost
				sharing requirements of ARM
				37.85.204 and 37.85.204 do not
				apply to the individuals identified in
				53-6-1312, MCA. An individual
				identified in
				53-6-1312, MCA, is neither a
				member nor a program participant as defined at
				53-6-1302, MCA.
AUTH:
					 53-1-203,
					 53-6-1318, MCA; IMP:
					 53-6-1312,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.1 - Organizational Description (Transferred) › Rule 20.24.101 - BOARD OF CRIME CONTROL FUNCTIONS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.2 - Appeal Procedure (Transferred) › Rule 20.24.201 - INCORPORATION OF MODEL RULES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.2 - Appeal Procedure (Transferred) › Rule 20.24.202 - MAINTENANCE OF POLICY AND PROCEDURE MANUAL FOR INTERNAL MANAGEMENT (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-4-301 MCA;
					 IMP,
					 44-4-301
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.2 - Appeal Procedure (Transferred) › Rule 20.24.203 - APPLICATIONS FOR FINANCIAL ASSISTANCE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.3 - Program Requirements (Transferred) › Rule 20.24.301 - MATCHING RATIOS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-4-301 MCA;
					 IMP,
					 44-4-301
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.3 - Program Requirements (Transferred) › Rule 20.24.302 - MATCHING REQUIREMENTS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.3 - Program Requirements (Transferred) › Rule 20.24.303 - BUDGET REQUIREMENTS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.3 - Program Requirements (Transferred) › Rule 20.24.304 - GENERAL REQUIREMENTS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.3 - Program Requirements (Transferred) › Rule 20.24.305 - APPLICANTS AGREEMENT (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.3 - Program Requirements (Transferred) › Rule 20.24.306 - NON-SUPPLANTING REQUIREMENT (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-4-301 MCA;
					 IMP, Sec.
					 44-4-301
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.601 - GENERAL DEFINITIONS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
41-5-1908,
					 MCA; IMP,
					 41-5-1805,
					 41-5-1903,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.602 - REGIONAL PLANNING BOARDS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 41-5-1008
					 MCA; IMP, Sec.
					 41-5-812,
					 41-5-1002,
					 41-5-1003
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.603 - REGIONAL PLAN (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
41-5-1908,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.604 - PLAN APPROVAL PROCESS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
41-5-1908,
					 MCA; IMP,
					 41-5-1902,
					 41-5-1905,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.605 - AMENDMENTS TO THE REGIONAL PLAN (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
41-5-1908,
					 MCA; IMP,
					 41-5-1903,
					 41-5-1904,
					 41-5-1905,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.606 - REPORTS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
41-5-1908,
					 MCA; IMP,
					 41-5-1903,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.607 - REGIONAL DETENTION TASK FORCE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 41-5-1008,
					 MCA; IMP, Sec.
					 41-5-1008,
					 2-15-2006,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.6 - Regional Youth Detention Services (Transferred) › Rule 20.24.608 - REIMBURSEMENTS TO COUNTIES FOR TRIBAL USE OF DETENTION SERVICES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 41-5-1908,
					 MCA; IMP, Sec.
					 41-5-1902,
					 41-5-1904,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1001 - DEFINITIONS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1002 - PURPOSE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1003 - APPEAL REVIEW COMMITTEE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1004 - RIGHT TO APPEAL (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1005 - RECORD OF PROCEEDINGS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1006 - NOTICE OF REVIEW (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1007 - COMMITTEE REVIEW PROCEDURE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1008 - RECOMMENDATION OF THE APPEAL REVIEW COMMITTEE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.24 - BOARD OF CRIME CONTROL (TRANSFERRED) › Subchapter 20.24.10 - Post Appeals (Transferred) › Rule 20.24.1009 - BOARD FINAL DECISION (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
44-4-301(2),
					 44-4-403(3),
					 MCA; IMP,
					 44-4-301(2),
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.1 - Organization › Rule 20.25.101 - ORGANIZATION OF THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) The board is a
				quasi-judicial body for the purpose of
				2-15-124,
				MCA, except that board members are full-time employees and are compensated in
				accordance with
				46-23-104
				and
				46-23-111,
				MCA. Terms of board members are staggered in accordance with 2-15-2405, MCA,
				and the provisions of
				2-15-124(1),
				MCA do not apply to the board. The board is allocated to the Department of
				Corrections for administrative purposes only under
				2-15-121
				and
				2-15-2305,
				MCA.
(2) The board chair is
				specifically designated by the governor in accordance with
				2-15-124,
				MCA. The governor may designate a different presiding officer at any time and
				the former presiding officer will continue to serve as a board member unless
				removed for cause pursuant to
				2-15-124(6),
				MCA. The chair may designate another board member to assume the duties of the
				chair when the chair is not present.
(3) Individual board members shall, prior to
				hearing a case, disclose any conflict of interest and recuse themselves in
				cases in which it has been determined that a conflict of interest is clearly
				identified.
(4) The board will
				conduct hearings weekly and transact business daily. The board may conduct
				meetings and hearings at any location suitable for that purpose.
(5) The board chair or designee, in
				consultation with the board members:
(a)
				assigns hearing panels to conduct parole hearings, revocation hearings,
				rescission hearings, administrative parole reviews, reconsideration of previous
				parole decisions, and to make recommendations in matters of executive
				clemency;
(b) requests out-of-state
				adult correctional releasing authorities to conduct courtesy hearings on behalf
				of the board; and
(c) designates
				presiding hearing panel members.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.1 - Organization › Rule 20.25.102 - BOARD TRAINING

Current through Register Vol. 13, July 5, 2024
(1) All board
				members shall receive training in accordance with
				46-23-218,
				MCA, that addresses the disproportionate representation of American Indians in
				the legal custody of the department.
(2) Board members may attend nationally
				recognized correctional training or a comparable program for parole board
				members.
(3) Before participating
				on a hearing panel, a new board member must receive orientation from board
				staff or board member regarding:
(a) state
				and federal law and rules pertinent to board operations;
(b) offender pathology, treatment, and
				supervision including American Indian issues as related to each; and
(c) Department of Corrections' organization,
				programs, and policy.