Montana Administrative Code

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

20.9.207 MONITORING JUDICIAL DISTRICTS AND PROCESSING PAYMENTS 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. In order to properly monitor the judicial distri…

20.9.210 REMOVING A YOUTH WITH A MENTAL DISORDER FROM A STATE YOUTH CORRECTIONAL FACILITY 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: is subs…

20.9.301 ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, INITIAL INVESTIGATION AND INFORMAL SETTLEMENT (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 52-1-103, 52-5-102 and 53-30-203, MCA Implementing statute(s): 52-5-129, 53-30-203 and 53-30-229, MCA History: NEW, Eff.…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

20.9.305 ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, FORMAL HEARING PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 52-1-103, 52-5-102 and 53-30-203, MCA Implementing statute(s): 52-5-129, 53-30-203 and 53-30-229, MCA History: NEW, Eff.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

20.9.307 AFTERCARE VIOLATION HEARING - DETENTION (IS HEREBY REPEALED) Authorizing statute(s): 52-1-103, 52-5-102 and 53-30-203, MCA Implementing statute(s): 41-5-311, 52-5-129 and 53-30-228, MCA History: NEW, Eff. 1/2/77;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

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 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 record…

20.9.315 WAIVER OF RIGHT TO HEARING 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 yout…

20.9.320 FAILURE TO APPEAR FOR HEARING 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 sta…

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.

20.9.515 YOUTH DETENTION FACILITY, HEARING (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.

20.9.518 YOUTH DETENTION FACILITY, CONFIDENTIALITY OF RECORDS AND INFORMATION (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 …

20.9.520 YOUTH DETENTION FACILITY, REPORTS (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.…

20.9.524 YOUTH DETENTION FACILITY, ADMINISTRATION (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. 12…

20.9.526 YOUTH DETENTION FACILITY, FISCAL MANAGEMENT (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.

20.9.528 YOUTH DETENTION FACILITY, PERSONNEL (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, Ef…

20.9.533 YOUTH DETENTION FACILITY, ENVIRONMENT (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, …

20.9.535 YOUTH DETENTION FACILITY, FIRE SAFETY (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, …

20.9.538 YOUTH DETENTION FACILITY, NUTRITION (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.

20.9.541 YOUTH DETENTION FACILITY, HOUSEKEEPING (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.

20.9.545 YOUTH DETENTION FACILITY, SECURITY (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.

20.9.547 YOUTH DETENTION FACILITY, ADMISSION (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, Ef…

20.9.550 YOUTH DETENTION FACILITY, RIGHTS OF YOUTH (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. 1…

20.9.555 YOUTH DETENTION FACILITY, COMMUNICATION (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…

20.9.558 YOUTH DETENTION FACILITY, SUPERVISION OF MEDICATION (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, 199…

20.9.561 YOUTH DETENTION FACILITY, SERVICES AND PROGRAM (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…

20.9.566 YOUTH DETENTION FACILITY, DISCIPLINE (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.

20.9.569 YOUTH DETENTION FACILITY, PASSIVE PHYSICAL RESTRAINT (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.

20.9.572 YOUTH DETENTION FACILITY, TEMPORARY LOCKUP/SECURE OBSERVATION (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.…

20.9.575 YOUTH DETENTION FACILITY, MECHANICAL RESTRAINT (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…

20.9.578 YOUTH DETENTION FACILITY, RELEASE, TRANSFER AND TRANSPORTATION (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. 138…

20.9.601 PURPOSE These rules establish the licensing requirements and procedures for youth detention facilities and short-term detention facilities. Except where specifically noted, these rules apply to both types of facilities. Authorizing statute(s): 41-5-1802, MCA Implementing…

20.9.602 DEFINITIONS The following definitions apply to all youth detention facility licensing rules: "Administrative segregation" means a method of housing and managing youth whose continued presence in the general population poses a serious threat to life, property, self, staff…

20.9.603 FACILITY LICENSE Each youth detention facility operating within the state of Montana must be licensed by the department. The facility's current youth detention license must be publicly displayed at the facility. The department shall issue a one-year youth detention facil…

20.9.604 LICENSING PROCEDURES Application for a youth detention facility license must be made on an application form provided by the department. Upon receipt of an application for license or renewal of license, the department shall conduct a licensing study to determine if the ap…

20.9.605 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 compliance with fire safety requirements; is not in su…

20.9.606 HEARING Any applicant or licensee who is dissatisfied because of the department's action refusing to grant a license, restricting, suspending a license, reducing to provisional license or revoking a license may request a hearing as provided in 2-4-601 , MCA. Authorizing …

20.9.607 CONFIDENTIALITY, DISPOSITION, AND DISSEMINATION OF RECORDS AND INFORMATION Records maintained by a facility may be released to the following: the youth court and its professional staff; representatives of any agency providing supervision and having legal custody of a you…

20.9.608 REPORTS The facility shall submit to the department, upon its request, any reports required by federal or state law or regulation. The facility shall report any of the following changes to the department prior to the effective date of the change: a change of director; a …

20.9.609 ESCAPES Escapes must be reported immediately to law enforcement, the youth's probation officer, parent or legal guardian, and licensing specialist. Authorizing statute(s): 41-5-1802, MCA Implementing statute(s): 41-5-1802, MCA History: NEW, 1999 MAR p. 121, Eff. 1/15/99;…

20.9.610 ADMINISTRATION Each facility shall be purchased, leased, or otherwise provided for by one or more counties. The facility shall ensure that the county commissioners provide for inspection of the facility annually. Inspection must include but is not limited to health, fire…

20.9.611 FISCAL MANAGEMENT The facility or county commissioners must have written procedures which govern fiscal management consistent with accepted accounting practices. All financial records must be retained for three years and subject to audit in accordance with accepted audit…