Montana Administrative Code

20.7.304 QUALIFICATIONS 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; Received formal education in the area of normal and abno…

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

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

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

20.7.502 DETERMINATION OF NEED 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: demogr…

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

20.7.504 OBTAINING SUPPORT OF LOCAL OFFICIALS FOR A PROPOSED PRERELEASE CENTER (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; REP, 2024 MAR p. 1456, Eff.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20.7.505 NOTIFICATION OF MEDIA (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; REP, 2024 MAR p. 1456, Eff.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20.7.506 WORKING COMMITTEE (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2011 MAR p. 2030, Eff.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20.7.507 PUBLIC INVOLVEMENT PROCESS (REPEALED) (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 53-1-203, MCA History: NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2009 MAR p.1798,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 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. The mechanism for determining community…

20.7.510 REQUEST FOR PROPOSALS 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 pro…

20.7.511 INCREASE IN CONTRACT CAPACITY FOR AN EXISTING PRERELEASE CENTER 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 competitive pr…

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

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

20.7.602 DAY REPORTING PROGRAM 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 community …

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

20.7.804 EASTMONT CHEMICAL DEPENDENCY TREATMENT PROGRAM The department shall establish a chemical dependency treatment program for the custody, supervision, counseling, and treatment of eligible offenders in the facility in Glendive, Montana. The department shall choose a contrac…

20.7.807 ADMISSION TO THE PROGRAM A local screening committee shall determine which eligible offenders it will admit to the program. The following individuals shall comprise the screening committee: a department employee appointed by the department; the program administrator or d…

20.7.810 REQUIREMENTS AFFECTING USE OF FACILITY The department and the contractor shall adhere to the following provisions that pertain to the use of the facility: program participants may not enter or occupy for any purpose buildings three and four; program participants may ente…

20.7.813 REQUIREMENTS AFFECTING PROGRAM PARTICIPANTS AND VISITORS The department and the contractor shall adhere to the following provisions that pertain to program participants and visitors: program participants must wear clothing of an easily identifiable style and color, of wh…

20.7.816 EXPANSION OR MODIFICATION The department may not expand the capacity or modify the purpose of the program set forth in these rules unless it documents public support of a majority of public officials, a majority of residents of the community of Glendive, and a majority o…

20.7.901 DEFINITIONS As used in this subchapter, the following definitions apply: "ACA standards" means American Correctional Association standards for adult community residential services. "Aftercare" means the community-based portion of the methamphetamine treatment program to …

20.7.904 ESTABLISHMENT OF A METHAMPHETAMINE TREATMENT PROGRAM The department may operate or select a contractor to operate a program in an existing correctional facility. The department may select a contractor to site a facility and operate a program if, after a public hearing co…

20.7.907 FACILITY REQUIREMENTS Any facility housing a program must have controlled access and other appropriate security measures to prevent unauthorized access to or from the facility. The facility and its operation must comply with all applicable federal, state and/or local bui…

20.7.910 POLICIES AND PROCEDURES A contractor must submit written policies and procedures for initial review and approval by the department prior to opening a facility or program, and update and submit them for annual review by the department thereafter. The policies and procedur…

20.7.913 ADMISSION TO THE PROGRAM AND AFTERCARE The department shall recommend for admission to the program eligible offenders and other offenders committed to the custody of the department who the department deems will benefit from the treatment program and who are not otherwise…

20.7.916 SENTENCE SUSPENSION (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 45-9-102, 53-1-203, MCA History: NEW, 2005 MAR p. 2060, Eff. 10/7/05; REP, 2018 MAR p. 1730, Eff. 8/25/18.

20.7.919 EXPANSION If the contractor and the department desire to increase the number of program participants over the number for which the department initially contracts, the department shall conduct a public hearing in the city or county in which the center is situated. The dep…

20.9.101 DEFINITIONS For the purpose of this subchapter, the following definitions apply: "Committee" means a youth placement committee appointed by the youth court judge pursuant to 41-5-121, MCA. "Committee records" means written documents submitted to the committee by the juve…

20.9.103 DUTIES OF THE YOUTH PLACEMENT COMMITTEE CHAIR (REPEALED) Authorizing statute(s): 41-5-2006, 53-1-203, MCA Implementing statute(s): 41-5-121, 41-5-122, 41-5-123, 41-5-124, 41-5-125, 41-5-130, 41-5-131, 41-5-132, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 199…

20.9.106 REFERRALS TO THE COMMITTEE (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 41-5-121, 41-5-122, 41-5-123, 41-5-124, 41-5-125, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; AMD, 2000 MAR p. 1078, Eff. 4/28/00; AMD, 200…

20.9.110 PROCEDURES FOR YOUTH PLACEMENT COMMITTEE MEETINGS (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 41-5-122, 41-5-123, 41-5-124, 41-5-125, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p.1385; AMD, 2000 MAR p. 1078, Eff. 4/28/…

20.9.113 PLACEMENT RECOMMENDATION PROCEDURES (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 41-5-123, 41-5-124, 41-5-125, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; AMD, 2000 MAR p. 1078, Eff. 4/28/00; AMD, 2002 MAR p. 24…

20.9.115 CRITERIA FOR APPROVING RECOMMENDATIONS (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 41-5-123, 41-5-124, 41-5-125, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; AMD, 2000 MAR p. 1078, Eff. 4/28/00; AMD, 2002 MAR p.…

20.9.116 SIX-MONTH REVIEWS OF YOUTH CONTINUING IN PLACEMENT (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 41-5-122, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; AMD, 2000 MAR p. 1078, Eff. 4/28/00; AMD, 2002 MAR p. 2433, E…

20.9.117 TEMPORARY AND EMERGENCY PLACEMENTS (REPEALED) Authorizing statute(s): 52-1-103(17), 53-1-203, MCA Implementing statute(s): 41-5-124, 41-5-527, 41-5-528, 41-5-529, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; AMD, 2000 MAR p. 1078, Eff. 4/28/…

20.9.120 RECOMMENDATIONS FOR RESIDENTIAL TREATMENT OR PLACEMENT (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 41-5-122, 41-5-123, 41-5-124, 41-5-125, MCA History: NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; AMD, 2000 MAR p. 1078, Eff.…

20.9.121 CHANGE OF PLACEMENT BY DEPARTMENT FACILITY (IS HEREBY REPEALED) Authorizing statute(s): 41-5-2006 and 53-1-203, MCA Implementing statute(s): 41-5-123, 41-5-130, 41-5-2003, 41-5-2004 and 41-5-2005, MCA History: REP, 2002 MAR p. 2433, Eff. 9/13/02.

20.9.122 CONFIDENTIALITY OF COMMITTEE MEETINGS AND RECORDS Meetings of a youth placement committee shall be closed to the public to protect the youth's right to individual privacy. Information presented to the committee about a youth and committee records are confidential and may…

20.9.123 EVALUATION OF JUDICIAL DISTRICTS (REPEALED) Authorizing statute(s): 41-5-2006, MCA Implementing statute(s): 41-5-130, 41-5-131, 41-5-132, 41-5-2001, 41-5-2002, 41-5-2003, 41-5-2004, 41-5-2005, 41-5-2006, MCA History: NEW, 2002 MAR p. 2433, Eff. 9/13/02; REP, 2012 MAR p. …

20.9.124 ACCESS TO DISTRICT RECORDS (REPEALED) Authorizing statute(s): 41-5-2006, MCA Implementing statute(s): 41-5-215, 41-5-216, 41-5-2003, MCA History: NEW, 2002 MAR p. 2433, Eff. 9/13/02; REP, 2012 MAR p. 1843, Eff. 9/21/12.

20.9.128 REPORT TO THE LEGISLATURE (REPEALED) Authorizing statute(s): 41-5-2006, MCA Implementing statute(s): 41-5-2006, MCA History: NEW, 2002 MAR p. 2433, Eff. 9/13/02; REP, 2012 MAR p. 1843, Eff. 9/21/12.

20.9.134 DISTRIBUTION OF FUNDS TO PARTICIPATING DISTRICT AT THE END OF A FISCAL YEAR (REPEALED) Authorizing statute(s): 41-5-2006, MCA Implementing statute(s): 41-5-130, 41-5-131, 41-5-132, 41-5-2003, MCA History: NEW, 2002 MAR p. 2433, Eff. 9/13/02; AMD, 2004 MAR p. 1471, Eff. 7…

20.9.140 DISTRIBUTION OF COST CONTAINMENT FUNDS (REPEALED) Authorizing statute(s): 41-5-2006, MCA Implementing statute(s): 41-5-130, 41-5-131, 41-5-132, 41-5-2006, MCA History: NEW, 2002 MAR p. 2433, Eff. 9/13/02; REP, 2012 MAR p. 1843, Eff. 9/21/12.

20.9.141 COST CONTAINMENT REVIEW PANEL (REPEALED) Authorizing statute(s): 41-5-2006, MCA Implementing statute(s): 41-5-132, MCA History: NEW, 2002 MAR p. 2433, Eff. 9/13/02; REP, 2012 MAR p. 1843, Eff. 9/21/12.

20.9.201 DEFINITIONS For the purpose of this subchapter, the following definitions apply: "CAPS" means child and adult protective services, the online statewide management system maintained by DPHHS. "Cost containment pool" means funds retained by the department under 41-5-132, M…