Montana Administrative Code

20.27.231 VISITING AREAS (1) 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 (1) The facility must have a written fire and life safety plan that is in accordance with the department policy on fire and life safety. (2) All employees must be trained to this plan. (3) The facility must have written policy, procedure and practic…

20.27.233 EMERGENCY RESPONSE PLAN (1) The facility must have a written emergency response plan that complies with the department's emergency preparedness plan. The plan must provide: (a) that all personnel are trained in the implementation of the plan; and (b) for a written evacu…

20.27.235 USE OF FORCE, RESTRAINTS, AND CHEMICAL AGENTS (1) The facility must have use of force, use of restraints, and use of chemical agent policies that are approved by the department. (2) The facility must have written policy and procedure governing the use of firearms which …

20.27.237 SECURITY MANUAL (1) The facility must maintain a written manual containing procedures for facility security and control, with detailed instructions for implementing these procedures. The manual must be approved by the department and available to all facility staff. Auth…

20.27.238 CONTROL OF CONTRABAND (1) The facility must have written policy, procedure and practice to provide for search of the facility and inmates to control contraband and provide for its disposition which is approved by the department. (2) Facility policy, procedure and practi…

20.27.239 KEY AND TOOL CONTROL (1) 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.…

20.27.241 INJURIES INCURRED IN A FACILITY INCIDENT (1) The facility must have written policy, procedure and practice to provide that all persons involved in an incident where chemical agents are used must receive immediate medical examination and treatment. Authorizing statute(s)…

20.27.242 FACILITY SECURITY THREATS, ESCAPES (1) The facility must have written plans that specify procedures to be followed in situations that threaten facility security. Such situations include but are not limited to riots, hunger strikes, disturbances, escapes, and taking of h…

20.27.243 RULES AND DISCIPLINE (1) The facility must have written policy, procedure and practice regarding disciplinary actions, approved by the department which: (a) define in writing the rules of conduct, sanctions and procedures for violations; (b) must be communicated to all …

20.27.245 SPECIAL MANAGEMENT (1) The facility must have written policy and procedure, approved by the department, to provide for removal from general population of inmates who threaten the secure and orderly management of the facility or persons that must be protected from harm b…

20.27.246 INMATE CLASSIFICATION (1) 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 Hist…

20.27.248 INMATE RIGHTS (1) The facility must have written policy, procedure and practice to ensure the right of inmates to have: (a) access to courts and legal counsel; (b) access to a law library, or a person trained in the law; (c) reasonable access with media subject to limit…

20.27.250 ADMISSION (1) 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 (1) 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 (1) The facility's dietary allowances and plan must be reviewed at least annually by a qualified nutritionist or dietician to ensure that it meets the nationally recommended dietary allowances for males age 25-50 years as provided by the Nation…

20.27.253 SANITATION AND HYGIENE (1) The facility must have written policy, procedure and practice requiring the following inspections: (a) weekly sanitation inspections of all facility areas by a qualified staff member; (b) comprehensive and thorough monthly inspections by a saf…

20.27.254 HEALTH CARE (1) The facility must have written policy, procedure and practice providing that all medical, psychiatric, and dental matters involving medical judgment are the sole province of the responsible physician, mental health provider, and dentist, respectively. (2…

20.27.255 PHARMACEUTICALS (1) The facility must have written policy, procedure and practice approved by the department which provide for the proper management of pharmaceuticals and address the following subjects: (a) a formulary developed for the facility; (b) prescription pract…

20.27.256 HEALTH SCREENING (1) The facility must have written policy, procedure and practice requiring medical, dental and mental health screening to be performed pursuant to ACA standards for adult correctional facilities. Authorizing statute(s): 53-30-604, MCA Implementing stat…

20.27.258 INMATE WORK PROGRAMS (1) The facility must have written policy, procedure and practice that: (a) require all able-bodied inmates to work unless assigned to an approved education or training program; and (b) provide that inmates receive pay comparable to that received by…

20.27.260 MAIL, TELEPHONE, VISITING (1) The facility must have written policy and procedure governing the following: (a) inmate correspondence; (b) postage allowance for indigent inmates; (c) inmate access to publications; (d) inspection of incoming and outgoing inmate mail; and …

20.27.261 RELIGIOUS PROGRAMS (1) The facility must have written policy, procedure and practice that provide for inmates to have the opportunity to participate in practices of their religious faith deemed essential by the faith's governing body, limited only by documentation showi…

20.28.101 DEFINITIONS As used in this subchapter, the following definitions apply: (1) "ACA standards" means the most recent edition of the "American Correctional Association Standards for Adult Correctional Institutions" published by the American Correctional Association, 4380 F…

20.28.104 APPLICATION TO ESTABLISH A REGIONAL CORRECTIONAL FACILITY (1) A local government entity, individual, corporation, partnership, association, or other private organization or entity may not construct or operate a regional correctional facility without the authorization of…

20.28.107 SITING A REGIONAL CORRECTIONAL FACILITY (1) A local government entity, individual, corporation, partnership, association, or other private organization or entity that wishes to construct or operate a regional correctional facility must submit siting information to the d…

20.28.110 CONSTRUCTION REQUIREMENTS FOR A REGIONAL CORRECTIONAL FACILITY (1) The facility shall be a secure facility and have controlled access to and from the facility and other appropriate security measures so as to prevent unauthorized access to and from the facility. (2) The …

20.28.113 POLICIES, PROCEDURES, PRACTICES (1) The regional correctional facility must maintain appropriate written policies and procedures contained in a manual that is accessible to all employees and the department. (2) The facility shall establish policies, procedures, and prac…

20.28.116 LICENSING (1) A regional correctional facility constructed or operated by an individual, corporation, partnership, association, or other private organization or entity must be licensed by the department in order to operate. (2) The facility must prominently display its …

20.28.119 CALCULATION OF A PER DIEM RATE-GENERAL PRINCIPLES (1) A per diem rate will be determined based on information provided by the regional correctional facility in accordance with the MDOC per diem calculation worksheet. The per diem rate will reflect actual allowable and a…

20.28.122 GENERAL COST PRINCIPLES USED FOR CALCULATING PER DIEM (1) To be allowable, costs must be reasonable, ordinary, necessary, and to some degree, benefit inmates housed in the state portion of the facility. (2) Allowable costs must be: (a) accounted for in accordance with g…

20.28.125 COMPLETING THE PER DIEM WORKSHEET DATA SUMMARY (1) Section I-General Information: enter the name, telephone number, and physical address of the regional correctional facility, and the name of the facility administrator. (2) Section II-Financial Data Summary: on line A e…

20.28.128 COMPLETING SCHEDULE B PART I-PERSONNEL SALARIES (1) Regular and overtime salaries of personnel by position that work at the regional correctional facility on a full-time and part-time basis are allowable as direct operation costs. A list of these employees including nam…

20.28.131 COMPLETING SCHEDULE B PART II - PERSONNEL BENEFITS (1) Generally, all related paid personnel benefit costs are allowable in the same ratio as the allocation in Part I. (2) The following are types of personnel benefits that are allowable: (a) retirement plan costs; (b) F…

20.28.134 COMPLETING SCHEDULE C-CONSULTANTS AND CONTRACT SERVICES (1) Costs for consultant and contract services are allowable and can be included on Schedule C to the extent that they benefit state inmates and are required by contract. (2) The following contract services are usu…

20.28.137 COMPLETING SCHEDULE D-OTHER DIRECT OPERATING COSTS (1) To be claimed on the MDOC per diem calculation worksheet, all direct costs must be reasonable and allowable under OMB Circular A-87 guidelines and supported by paid invoices, transactions listings, or general ledger…

20.28.140 COMPLETING SCHEDULE E-COST ALLOCATION PLANS/INDIRECT COST PROPOSALS (1) Other local units of the governing body provide certain services to the state portion of the regional correctional facility on a centralized basis. In order for the costs of those units of the gover…

20.28.143 COMPLETING SCHEDULE F-EQUIPMENT COST (1) Equipment is an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost of more than $5,000. Cost allowances relating to the use of fixed assets on hand may be made …

20.28.146 COMPLETING SCHEDULE G-BUILDING DEPRECIATION (1) A depreciation or use-allowance charge is allowed for all buildings utilized in the performance of the contract with the state. Without a formal building depreciation policy at the local level, a use-allowance not exceedin…

20.28.149 REVIEW AND REVISION OF PER DIEM RATE (1) The current year per diem rate will be calculated using the previous fiscal year's actual expenditures and adjustments for expected costs over the biennium. (a) Appropriate adjustments will be mutually agreed upon by the governin…

20.28.152 BILLING AND DEPARTMENT PAYMENT (1) For billing, facilities must submit a vendor invoice to the department monthly. The invoice must contain the following data for the preceding month: (a) for each inmate incarcerated in the facility: (i) the name and adult offender numb…

20.28.155 DISPUTE RESOLUTION (1) There will be a dispute resolution process for per diem calculation issues covered under these rules. (2) In the event that the department and the operator of a regional correctional facility cannot reach agreement on any issue covered under these…

20.3.101 STATE PLAN (REPEALED) (REPEALED)

20.3.204 ACCEPTANCE OF PERSONS INTO THE TREATMENT PROGRAM (REPEALED) (REPEALED)