Montana Administrative Code

20.7.1001 INCREASE IN CONTRACT CAPACITY (1) The Department of Corrections may biennially increase the department contract capacity by not more than 25 percent for a contracted treatment facility or program that was established through competitive bidding. (2) The department may b…

20.7.101 SUPERVISED RELEASE PROGRAM (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-401, 46-23-405, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; REP, 2001 MAR p. 671, Eff. 4/27/01…

20.7.102 PRISONER APPLICATION PROCEDURE, GENERAL STATUTE REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-405, 46-23-411, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; …

20.7.103 CONTRACT - ESTABLISHMENT OF A PLAN (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-405, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; REP, 2001 MAR p. 671, Eff. 4/27/01.…

20.7.104 REVOCATION OR CHANGE OF CONTRACT (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-421, 46-23-422, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; REP, 2001 MAR p. 671, Eff. 4…

20.7.105 SPONSOR - REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-405, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; REP, 2001 MAR p. 671, Eff. 4/27/01.

20.7.106 DEPARTMENT DUTIES (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-411, 46-23-421, MCA History: NEW, Eff. 6/5/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; REP, 2001 MAR p. 671, Eff. 4/27/01.

20.7.107 PRISON FURLOUGH RELEASE COMMITTEE - DUTIES - MEMBERS (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 46-23-405, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; REP, 1982 MAR p. 392, Eff. 2/26/82.

20.7.108 BOARD OF PARDONS - DUTIES (IS HEREBY REPEALED) Authorizing statute(s): 46-23-405, MCA Implementing statute(s): 46-23-412, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; AMD, 1982 MAR p. 392, Eff. 2/26/82; REP, 2001 MAR p. 671, Eff. 4/27/01.

20.7.109 FURLOUGH COORDINATOR - DUTIES (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 46-23-405, MCA History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 1030, Eff. 7/8/78; REP, 1982 MAR p. 392, Eff. 2/26/82.

20.7.1101 CONDITIONS ON PROBATION OR PAROLE (1) The offender is under the supervision of the department, subject to all requirements of a law-abiding citizen, and rules and regulations of adult probation and parole, including any sanctions. (2) The offender must obtain prior appr…

20.7.1102 WRITTEN AGREEMENT (1) The probation and parole officer is required to provide in writing to the offender all of the conditions of probation, parole, or other community supervision. The offender must agree to the conditions before he/she is eligible to be supervised on p…

20.7.1201 SCREENING COMMITTEE (REPEALED) Authorizing statute(s): 53-30-403, MCA Implementing statute(s): 53-30-403, MCA History: NEW, 2001 MAR p. 671, Eff. 4/27/01; TRANS, from 20.7.110, 2012 MAR p. 1618, Eff. 8/10/12; REP, 2017 MAR p. 1952, Eff. 10/28/17.

20.7.1202 PROGRAM REQUIREMENTS AND REVIEW (REPEALED) Authorizing statute(s): 53-30-403, MCA Implementing statute(s): 53-30-403, MCA History: NEW, 2001 MAR p. 671, Eff. 4/27/01; TRANS, from 20.7.111, 2012 MAR p.1618, Eff. 8/10/12; REP, 2017 MAR p. 1952, Eff. 10/28/17.

20.7.1203 TERMINATION FROM THE PROGRAM (REPEALED) Authorizing statute(s): 53-30-403, MCA Implementing statute(s): 53-30-403, MCA History: NEW, 2001 MAR p. 671, Eff. 4/27/01; TRANS, from 20.7.112, 2012 MAR p.1618, Eff. 8/10/12; REP, 2017 MAR p. 1952, Eff. 10/28/17.

20.7.1204 CERTIFICATION BY THE DEPARTMENT THAT THE OFFENDER HAS SUCCESSFULLY COMPLETED THE PROGRAM (REPEALED) Authorizing statute(s): 53-30-403, MCA Implementing statute(s): 53-30-403, MCA History: NEW, 2001 MAR p. 671, Eff. 4/27/01; TRANS, from 20.7.113, 2012 MAR p.1618, Eff. 8/…

20.7.1302 AUTHORIZATION FOR PROBATION AND PAROLE OFFICERS TO CARRY FIREARMS, FIREARMS TRAINING REQUIREMENTS, AND DEPARTMENT PROCEDURES PERTAINING TO FIREARMS (1) A currently appointed probation and parole officer is authorized to carry and deploy a department-issued firearm in th…

20.7.201 RESIDENT REIMBURSEMENT (1) Upon arrival at the community correctional program, each resident will pay a minimum of $7.00 for each day they reside at the program. In the event of a situation which causes a resident's absence from the program (i.e., hospitalization, court …

20.7.202 DETERMINATION OF ABILITY TO PAY (1) The director of the department of corrections may delegate the program managers of the respective centers to determine their residents' ability to pay and submit monthly reports (certification) of their residents' financial status. (a)…

20.7.203 DAILY RATE - EXCEPTION (1) The program manager of the state-operated centers may request that the payment of board and room be waived based on the ability to pay should a resident become enrolled in a full time vocational, or educational or treatment program or in the ev…

20.7.204 PERSONAL EXPENSES (1) All residents shall pay for their own clothing, personal toiletry articles, any leisure time activity costs and medical and dental expenses. In addition, they shall be responsible for damages to the center or damages to items issued on their behalf.…

20.7.301 SEX OFFENDER EVALUATION AND TREATMENT PROVIDER GUIDELINES AND QUALIFICATIONS (1) The purpose of sex offender evaluation and treatment provider guidelines and qualifications is to ensure that evaluation and treatment plans which are utilized in pre-sentence investigations…

20.7.302 DEFINITIONS As used in this sub-chapter, the following definitions apply: (1) "District court" is the district unit of the Montana judicial system, presided over by district court judges. (2) "Probation officer" is an employee of the probation and parole bureau of the de…

20.7.303 GUIDELINES (1) A person is deemed qualified to complete an evaluation and recommendation of treatment for sex offenders under department of corrections and human services guidelines when the treatment provider either meets the qualifications set forth herein, or works un…

20.7.304 QUALIFICATIONS (1) The individual must have received specialized documentable training in evaluation and treatment approaches from a nationally recognized program or provider specializing in working with sex offenders; (2) Received formal education in the area of normal …

20.7.401 DEFINITIONS For the purposes of this chapter, these definitions apply: (1) "Board" means the Board of Pardons and Parole as authorized in 2-15-2302 and 46-23-104, MCA. (2) "Conditional Release" means the placement by the department of an offender into the community under…

20.7.402 SATELLITE-BASED MONITORING PROGRAM (1) The department shall establish and administer a program for the continuous satellite-based monitoring of sexual and other offenders. (2) All offenders supervised by the department are eligible to participate in the satellite-based m…

20.7.501 DEFINITIONS For purposes of this chapter, the following definitions apply: (1) "Department" means the Department of Corrections. (2) "Prerelease center" means a residential facility for adult offenders located in a community which offers offenders room and board, supervi…

20.7.502 DETERMINATION OF NEED (1) Before proceeding with plans to establish a prerelease center, the department must make a written determination that there is a need for a prerelease center in the jurisdiction being considered. The written determination of need must include: (a…

20.7.503 DETERMINATION OF MINIMUM REQUIREMENTS (1) The department must determine that within the jurisdiction being considered, there are available to the offenders: (a) appropriate mental health and substance abuse treatment disorder services; (b) adequate job opportunities; (c)…

20.7.504 OBTAINING SUPPORT OF LOCAL OFFICIALS FOR A PROPOSED PRERELEASE CENTER (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; REP, 2024 MAR p. 1456, Eff. 6/22/24.

20.7.505 NOTIFICATION OF MEDIA (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; REP, 2024 MAR p. 1456, Eff. 6/22/24.

20.7.506 WORKING COMMITTEE (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2011 MAR p. 2030, Eff. 9/23/11; REP, 2024 MAR p. 1456, Eff. 6/22/24.

20.7.507 PUBLIC INVOLVEMENT PROCESS (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2009 MAR p.1798, Eff. 10/16/09; AMD, 2011 MAR p. 2030, Eff. 9/23/11; REP, 2024 MAR p. 1456, E…

20.7.508 COMPREHENSIVE SURVEY (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; REP, 2011 MAR p. 2030, Eff. 9/23/11.

20.7.509 DETERMINATION OF PUBLIC SUPPORT (1) After the department has selected a proposed location for a new prerelease center the department must determine that there is community support for a prerelease center to be located in that location. (2) The mechanism for determining c…

20.7.510 REQUEST FOR PROPOSALS (1) After the department has held a public hearing and obtained a resolution of support from the governing jurisdiction, the department must issue a request for proposals using a competitive process and follow the applicable contract and procurement…

20.7.511 INCREASE IN CONTRACT CAPACITY FOR AN EXISTING PRERELEASE CENTER (1) The department may biennially increase the department contract capacity for a prerelease center by not more than 25 percent over the previous biennial contract capacity without engaging in the competitiv…

20.7.512 DETERMINING A LOCATION (1) The prerelease center must be located in an area that has access to: (a) a law enforcement agency capable of emergency response within 15 minutes; (b) 24-hour emergency medical and fire protection services; (c) medical transportation services f…

20.7.601 DEFINITIONS For the purposes of this chapter, these definitions apply: (1) "Board" means the Board of Pardons and Parole as authorized in 2-15-2302 and 46-23-104, MCA. (2) "Conditional Release" means the placement by the department of an offender into the community under…

20.7.602 DAY REPORTING PROGRAM (1) The department may establish and administer a day reporting program in any geographic region deemed appropriate by the department. The department may also contract with a Montana corporation to operate a day reporting program in a Montana commun…

20.7.801 DEFINITIONS As used in this subchapter, the following definitions apply: (1) "Capacity" means no more than 50 program participants. (2) "Center" means the chemical dependency treatment center established in the former Eastmont human services center in Glendive, Montana. …