Montana Administrative Code

20.7.813 REQUIREMENTS AFFECTING PROGRAM PARTICIPANTS AND VISITORS (1) The department and the contractor shall adhere to the following provisions that pertain to program participants and visitors: (a) program participants must wear clothing of an easily identifiable style and colo…

20.7.816 EXPANSION OR MODIFICATION (1) 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 majori…

20.7.901 DEFINITIONS As used in this subchapter, the following definitions apply: (1) "ACA standards" means American Correctional Association standards for adult community residential services. (2) "Aftercare" means the community-based portion of the methamphetamine treatment pro…

20.7.904 ESTABLISHMENT OF A METHAMPHETAMINE TREATMENT PROGRAM (1) The department may operate or select a contractor to operate a program in an existing correctional facility. (2) The department may select a contractor to site a facility and operate a program if, after a public he…

20.7.907 FACILITY REQUIREMENTS (1) Any facility housing a program must have controlled access and other appropriate security measures to prevent unauthorized access to or from the facility. (2) The facility and its operation must comply with all applicable federal, state and/or l…

20.7.910 POLICIES AND PROCEDURES (1) 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. (2) The policies and …

20.7.913 ADMISSION TO THE PROGRAM AND AFTERCARE (1) 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 other…

20.7.916 SENTENCE SUSPENSION (REPEALED) Authorizing statute(s): 53-1-203, MCA Implementing statute(s): 45-9-102, 53-1-203, MCA History: NEW, 2005 MAR p. 2060, Eff. 10/7/05; REP, 2018 MAR p. 1730,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

20.9.101 DEFINITIONS For the purpose of this subchapter, the following definitions apply: (1) "Committee" means a youth placement committee appointed by the youth court judge pursuant to 41-5-121, MCA. (2) "Committee records" means written documents submitted to the committee by …

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 (1) Meetings of a youth placement committee shall be closed to the public to protect the youth's right to individual privacy. (2) Information presented to the committee about a youth and committee records are confidential…

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: (1) "CAPS" means child and adult protective services, the online statewide management system maintained by DPHHS. (2) "Cost containment pool" means funds retained by the department under 41-…

20.9.204 ALLOCATION OF JUVENILE PLACEMENT FUNDS TO THE OFFICE OF COURT ADMINISTRATOR, JUVENILE PAROLE, JUDICIAL DISTRICTS, AND COST CONTAINMENT POOL (1) For each fiscal year, out of the money appropriated by the Legislature for juvenile placement funds, the department will alloca…

20.9.207 MONITORING JUDICIAL DISTRICTS AND PROCESSING PAYMENTS (1) Each judicial district and the department shall monitor the judicial district's annual allocation to ensure the judicial district does not exceed its annual allocation. (2) In order to properly monitor the judicia…

20.9.210 REMOVING A YOUTH WITH A MENTAL DISORDER FROM A STATE YOUTH CORRECTIONAL FACILITY (1) A youth correctional facility must remove a youth committed to it if the facility learns that the youth suffers from a mental disorder and, because of the mental disorder, the youth: (a)…

20.9.301 ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, INITIAL INVESTIGATION AND INFORMAL SETTLEMENT (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 52-1-103, 52-5-102 and 53-30-203, MCA Implementing statute(s): 52-5-129, 53-30-203 and 53-30-229, MCA History: NEW, Eff.…

20.9.302 PAROLE AGREEMENT VIOLATION, INITIAL INVESTIGATION, AND DETAINER (1) When a parole officer has reason to believe a youth may have violated the youth's written parole agreement in a manner to justify the youth's return to a secure placement facility, the parole officer may…

20.9.305 ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, FORMAL HEARING PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 52-1-103, 52-5-102 and 53-30-203, MCA Implementing statute(s): 52-5-129, 53-30-203 and 53-30-229, MCA History: NEW, Eff. 1/2/77; TRANS, from …

20.9.306 SCHEDULING AND NOTICE OF HEARING (1) The parole officer shall schedule a hearing to be held at the site of the alleged violation or in the county where the youth is residing or is found, in a location determined by the hearings officer. The hearing must occur within ten …

20.9.307 AFTERCARE VIOLATION HEARING - DETENTION (IS HEREBY REPEALED) Authorizing statute(s): 52-1-103, 52-5-102 and 53-30-203, MCA Implementing statute(s): 41-5-311, 52-5-129 and 53-30-228, MCA History: NEW, Eff. 1/2/77; TRANS, from Dept. of Institutions, Ch. 609, L. 1987, Eff. …

20.9.308 HEARING PROCEDURES (1) The youth may submit a written request to the hearings officer to continue the hearing for a reasonable time period for good cause. The hearings officer must confirm the mutually agreeable rescheduled date in writing to the youth and the youth's at…

20.9.310 AFTERCARE VIOLATION HEARING - HEARING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 52-5-102 and 53-30-203, MCA Implementing statute(s): 52-5-129, 53-30-203 and 53-30-229, MCA History: NEW, Eff. 1/2/77; TRANS, from Dept. of Institutions, Ch. 609, L. 19…

20.9.311 APPEAL (1) The youth may appeal the hearings officer's decision to the department director by submitting a notice of appeal and any additional information within five days of the hearing. Upon request of the youth to the department, the youth may receive a copy of the re…

20.9.315 WAIVER OF RIGHT TO HEARING (1) At any time prior to the hearing, the youth may, upon the advice of an attorney, waive his/her right to the hearing on a form provided by the Youth Services Division for that purpose. A waiver of the hearing constitutes an admission by the …

20.9.320 FAILURE TO APPEAR FOR HEARING (1) If a youth released pending hearing fails to appear for the hearing, the parole officer shall issue a certificate to detain the youth. The department shall schedule and hold a hearing within 72 hours of the youth's detention. Authorizing…

20.9.501 YOUTH DETENTION FACILITY, PURPOSE (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p. 2645, Eff. 12/11/92; TRANS, 1996 MAR p. 1385; REP, 1999 MAR p. 121, Eff.…

20.9.503 YOUTH DETENTION FACILITY, DEFINITIONS (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p. 2645, Eff. 12/11/92; TRANS, 1996 MAR p. 1385; REP, 1999 MAR p. 121, …

20.9.506 YOUTH DETENTION FACILITY LICENSES (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p. 1385; REP, 1999 MAR p. 121, Eff. 1/15/99.

20.9.510 YOUTH DETENTION FACILITY, LICENSING PROCEDURES (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p. 1385; REP, 1999 MAR p. 121, Eff. 1/15/99.

20.9.513 YOUTH DETENTION FACILITY, LICENSE REVOCATION AND DENIAL (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p. 1385; REP, 1999 MAR p. 121, Eff. 1/15/99.