Montana Administrative Code

20.27.201 PURPOSE These rules establish the licensing requirements for the operation, security, and physical condition, as well as for the safety, health, treatment and discipline of persons confined in a private correctional facility within the state of Montana pursuant to 53-30…

20.27.202 DEFINITIONS "Department" means the Department of Corrections provided for in 2-15-2301 , MCA. "Licensing agent" means the department employee designated to conduct site visits, conduct licensing studies and perform all other duties regarding the licensing of private pri…

20.27.203 FACILITY LICENSE Each private correctional facility within the state of Montana must be licensed by the department. The facility's current license must be prominently displayed in the general administration area of the facility. The department shall issue a one-year pri…

20.27.206 LICENSING PROCEDURES A private correctional facility must apply to the department for its initial license at least 90 days prior to the date it intends to be open for operation. The facility must apply in writing with a letter requesting a licensing review and a complet…

20.27.207 LICENSE REVOCATION AND DENIAL 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: is not in substantial compliance with the licensing requirement…

20.27.208 HEARING Any applicant or licensee who wishes to contest the department's licensing action refusing to grant a license, restricting, suspending, reducing to provisional, or revoking a license may request a contested case hearing as provided in 2-4-601 , MCA. Authorizing …

20.27.210 PURPOSE AND MISSION The facility must have a written policy and procedure manual, approved by the department, which establishes the facility's mission, goals, objectives and standard operating procedures, and establishes a system of regular review of policies and proced…

20.27.212 FACILITY WARDEN The facility must be headed by a warden who is in charge of all inmates, personnel, volunteers, programs and activities connected with the facility. The qualifications for the position of warden are at a minimum, the following: bachelor's degree in an ap…

20.27.213 FACILITY ORGANIZATION The facility must have a written document describing its organization. This description must include an organizational chart. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/9…

20.27.214 POLICY AND PROCEDURE MANUAL Policies and procedures for operating the facility must be: approved by the department; and contained in a manual that is accessible to all employees and the department. The facility must update and review this manual annually. Authorizing st…

20.27.216 MEDIA ACCESS The facility must have written policy, procedure and practice which: allow representatives of the media access to the facility consistent with preserving inmates' right to privacy and maintaining order and security; and provide for the dissemination of info…

20.27.217 INMATE FUNDS The facility must control inmate personal funds held by the facility in accordance with accepted accounting procedures. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.218 STAFFING REQUIREMENTS Facility staffing requirements for all categories of personnel must be determined on an ongoing basis to ensure that inmates have access to staff, programs and services. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA…

20.27.219 BACKGROUND/CRIMINAL RECORD CHECK The facility must obtain a background investigation criminal record check on all new employees in accordance with department requirements to detect any criminal convictions that relate specifically to job performance. The facility may no…

20.27.221 DRUG-FREE WORKPLACE The facility must have written policy and procedure that support a drug-free workplace for all employees. The policy must: require that all potential employees pass a drug and alcohol test prior to beginning work at a facility; and include pre-employ…

20.27.222 PERSONNEL FILES The facility must maintain on the premises a current, accurate, and confidential personnel record on each employee. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.223 TRAINING AND STAFF DEVELOPMENT The facility must provide staff training and development in accordance with state law. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.225 INMATE POPULATION MOVEMENT (COUNT) The facility must have a strict accountability system to physically count every inmate. The facility must have a written plan to control inmate movement within and outside the facility that is approved by the department. The facility m…

20.27.227 BUILDING AND SAFETY CODES The facility must comply with all applicable federal, state and/or local building codes and fire safety codes. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, 53-30-606, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/9…

20.27.229 INMATE HOUSING Inmate housing areas must conform to applicable ACA standards as to size, space, furnishings, toilets, and showers. Handicapped inmates must be housed in a manner that provides for their safety and security. Authorizing statute(s): 53-30-604, MCA Implemen…

20.27.230 EXERCISE AND RECREATION General population inmates must be provided access to at least one hour daily of indoor or outdoor exercise. The facility must provide adequate space for inmates to exercise in accordance with ACA standards. Authorizing statute(s): 53-30-604, MCA…

20.27.231 VISITING AREAS The facility must provide sufficient space for inmates to receive visits from approved visitors. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.232 FIRE AND LIFE SAFETY The facility must have a written fire and life safety plan that is in accordance with the department policy on fire and life safety. All employees must be trained to this plan. The facility must have written policy, procedure and practice which: spe…

20.27.233 EMERGENCY RESPONSE PLAN The facility must have a written emergency response plan that complies with the department's emergency preparedness plan. The plan must provide: that all personnel are trained in the implementation of the plan; and for a written evacuation plan t…

20.27.235 USE OF FORCE, RESTRAINTS, AND CHEMICAL AGENTS The facility must have use of force, use of restraints, and use of chemical agent policies that are approved by the department. The facility must have written policy and procedure governing the use of firearms which is appro…

20.27.237 SECURITY MANUAL The facility must maintain a written manual containing procedures for facility security and control, with detailed instructions for implementing these procedures. The manual must be approved by the department and available to all facility staff. Authoriz…

20.27.238 CONTROL OF CONTRABAND The facility must have written policy, procedure and practice to provide for search of the facility and inmates to control contraband and provide for its disposition which is approved by the department. Facility policy, procedure and practice must …

20.27.239 KEY AND TOOL CONTROL The facility must have written policy, procedure and practice controlling the use of keys, tools, culinary and medical equipment. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/1…

20.27.241 INJURIES INCURRED IN A FACILITY INCIDENT The facility must have written policy, procedure and practice to provide that all persons involved in an incident where chemical agents are used must receive immediate medical examination and treatment. Authorizing statute(s): 53…

20.27.242 FACILITY SECURITY THREATS, ESCAPES The facility must have written plans that specify procedures to be followed in situations that threaten facility security. Such situations include but are not limited to riots, hunger strikes, disturbances, escapes, and taking of hosta…

20.27.243 RULES AND DISCIPLINE The facility must have written policy, procedure and practice regarding disciplinary actions, approved by the department which: define in writing the rules of conduct, sanctions and procedures for violations; must be communicated to all inmates and …

20.27.245 SPECIAL MANAGEMENT The facility must have written policy and procedure, approved by the department, to provide for removal from general population of inmates who threaten the secure and orderly management of the facility or persons that must be protected from harm by ot…

20.27.246 INMATE CLASSIFICATION The facility must have written policy and procedure, approved by the department, for the objective classification of inmates remanded to its custody. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, 53-30-608, MCA History:…

20.27.248 INMATE RIGHTS The facility must have written policy, procedure and practice to ensure the right of inmates to have: access to courts and legal counsel; access to a law library, or a person trained in the law; reasonable access with media subject to limitations necessary…

20.27.250 ADMISSION The facility must have written policy and procedure that govern the admission of inmates to the system approved by the department. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.251 PERSONAL PROPERTY The facility must have written policy and procedure governing the control of inmate personal property and funds. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.252 MENU, DIETS, FOOD SERVICE The facility's dietary allowances and plan must be reviewed at least annually by a qualified nutritionist or dietician to ensure that it meets the nationally recommended dietary allowances for males age 25-50 years as provided by the National R…

20.27.253 SANITATION AND HYGIENE The facility must have written policy, procedure and practice requiring the following inspections: weekly sanitation inspections of all facility areas by a qualified staff member; comprehensive and thorough monthly inspections by a safety/sanitati…

20.27.254 HEALTH CARE The facility must have written policy, procedure and practice providing that all medical, psychiatric, and dental matters involving medical judgment are the sole province of the responsible physician, mental health provider, and dentist, respectively. The fa…

20.27.255 PHARMACEUTICALS The facility must have written policy, procedure and practice approved by the department which provide for the proper management of pharmaceuticals and address the following subjects: a formulary developed for the facility; prescription practices, includ…

20.27.256 HEALTH SCREENING The facility must have written policy, procedure and practice requiring medical, dental and mental health screening to be performed pursuant to ACA standards for adult correctional facilities. Authorizing statute(s): 53-30-604, MCA Implementing statute(…

20.27.258 INMATE WORK PROGRAMS The facility must have written policy, procedure and practice that: require all able-bodied inmates to work unless assigned to an approved education or training program; and provide that inmates receive pay comparable to that received by inmates in …

20.27.260 MAIL, TELEPHONE, VISITING The facility must have written policy and procedure governing the following: inmate correspondence; postage allowance for indigent inmates; inmate access to publications; inspection of incoming and outgoing inmate mail; and inspection for and d…

20.27.261 RELIGIOUS PROGRAMS The facility must have written policy, procedure and practice that provide for inmates to have the opportunity to participate in practices of their religious faith deemed essential by the faith's governing body, limited only by documentation showing t…

20.28.101 DEFINITIONS As used in this subchapter, the following definitions apply: "ACA standards" means the most recent edition of the "American Correctional Association Standards for Adult Correctional Institutions" published by the American Correctional Association, 4380 Forbe…

20.28.104 APPLICATION TO ESTABLISH A REGIONAL CORRECTIONAL FACILITY A local government entity, individual, corporation, partnership, association, or other private organization or entity may not construct or operate a regional correctional facility without the authorization of the…

20.28.107 SITING A REGIONAL CORRECTIONAL FACILITY A local government entity, individual, corporation, partnership, association, or other private organization or entity that wishes to construct or operate a regional correctional facility must submit siting information to the depar…

20.28.110 CONSTRUCTION REQUIREMENTS FOR A REGIONAL CORRECTIONAL FACILITY The facility shall be a secure facility and have controlled access to and from the facility and other appropriate security measures so as to prevent unauthorized access to and from the facility. The facility…

20.28.113 POLICIES, PROCEDURES, PRACTICES The regional correctional facility must maintain appropriate written policies and procedures contained in a manual that is accessible to all employees and the department. The facility shall establish policies, procedures, and practices fo…

20.28.116 LICENSING A regional correctional facility constructed or operated by an individual, corporation, partnership, association, or other private organization or entity must be licensed by the department in order to operate. The facility must prominently display its license …