Montana Administrative Code

20.9.524 YOUTH DETENTION FACILITY, ADMINISTRATION (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p.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20.9.526 YOUTH DETENTION FACILITY, FISCAL MANAGEMENT (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p.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20.9.528 YOUTH DETENTION FACILITY, PERSONNEL (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p.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20.9.533 YOUTH DETENTION FACILITY, ENVIRONMENT (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p.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20.9.535 YOUTH DETENTION FACILITY, FIRE SAFETY (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p.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20.9.538 YOUTH DETENTION FACILITY, NUTRITION (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p.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20.9.541 YOUTH DETENTION FACILITY, HOUSEKEEPING (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p.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20.9.545 YOUTH DETENTION FACILITY, SECURITY (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; TRANS, 1996 MAR p.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20.9.547 YOUTH DETENTION FACILITY, ADMISSION (REPEALED) Authorizing statute(s): 41-5-809, MCA Implementing statute(s): 41-5-802 and 41-5-809, MCA History: NEW, 1987 MAR p. 2379, Eff. 12/25/87; AMD, 1992 MAR p.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 (1) 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 Implemen…

20.9.602 DEFINITIONS The following definitions apply to all youth detention facility licensing rules: (1) "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, s…

20.9.603 FACILITY LICENSE (1) 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. (2) The department shall issue a one-year youth detenti…

20.9.604 LICENSING PROCEDURES (1) Application for a youth detention facility license must be made on an application form provided by the department. (2) Upon receipt of an application for license or renewal of license, the department shall conduct a licensing study to determine i…

20.9.605 LICENSE REVOCATION AND DENIAL (1) 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: (a) is not in compliance with fire safety requirements; (b) …

20.9.606 HEARING (1) 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. Authoriz…

20.9.607 CONFIDENTIALITY, DISPOSITION, AND DISSEMINATION OF RECORDS AND INFORMATION (1) Records maintained by a facility may be released to the following: (a) the youth court and its professional staff; (b) representatives of any agency providing supervision and having legal cust…

20.9.608 REPORTS (1) The facility shall submit to the department, upon its request, any reports required by federal or state law or regulation. (2) The facility shall report any of the following changes to the department prior to the effective date of the change: (a) a change of …

20.9.609 ESCAPES (1) 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…

20.9.610 ADMINISTRATION (1) Each facility shall be purchased, leased, or otherwise provided for by one or more counties. (a) The facility shall ensure that the county commissioners provide for inspection of the facility annually. Inspection must include but is not limited to heal…

20.9.611 FISCAL MANAGEMENT (1) The facility or county commissioners must have written procedures which govern fiscal management consistent with accepted accounting practices. (2) All financial records must be retained for three years and subject to audit in accordance with accept…

20.9.612 MANAGEMENT, STAFF, AND TRAINING (1) Each facility must have a director or program manager to whom all employees or units are responsible and who has responsibility and accountability for the day-to-day operations of the facility. (a) The director must have the following …

20.9.613 ENVIRONMENT (1) The facility shall provide an adequate and potable supply of water. (a) The facility shall: (i) connect to a public water supply system approved by the Montana Department of Environmental Quality; or (ii) for a facility utilizing a nonpublic water system,…

20.9.614 NUTRITION AND FOOD SAFETY (1) The facility must have written policy, procedure, and practice requiring food service staff to develop advanced, planned menus and substantially follow the schedule. In the planning and preparation of all meals, the staff shall take into con…

20.9.615 PHYSICAL PLANT (1) A facility shall comply with the following structural requirements: (a) all rooms and hallways must have adequate lighting; (b) adequate space must be provided for all phases of daily living, including recreation, privacy, group activities and visits; …

20.9.616 FIRE SAFETY (1) The facility shall conform to applicable federal, state, and/or local fire safety codes. Compliance must be documented by the authority having jurisdiction. A fire alarm and automatic detection system are required and must be approved by the authority hav…

20.9.617 SAFETY AND SECURITY (1) Each youth must be physically observed at intervals no more than 15 minutes apart. (a) The facility shall implement a means of recording the daily population of youth in the facility. The means of such recording must be written in policy. The poli…

20.9.618 SEARCHES (1) All policies and procedures on searches must, at a minimum, follow ACA standards. (2) Although control of weapons and contraband is essential to the order and security of the detention facility, indiscriminate searches of youth are prohibited. Searches of a …

20.9.619 ADMISSION (1) The facility shall obtain, in writing, the youth's court order or consent decree for the detention of a youth or a consent adjustment, or a written authorization for the detention of the youth from a law enforcement officer, probation officer (or designee o…

20.9.620 RIGHTS OF YOUTH (1) The facility shall implement the following policies and procedures governing the rights of youth which must be in accordance with ACA standards, and must include: (a) the facility's written grievance procedure for youth and the youth's right to make r…

20.9.621 COMMUNICATION/MAIL (1) The facility must have written policies and procedures governing correspondence which must be in accordance with ACA standards. The policies and procedures must include the following: (a) the facility may routinely screen and refuse mail going to o…

20.9.622 VISITATION AND TELEPHONE USE (1) The facility shall adopt policies and procedures governing visitation in accordance with ACA standards including the following requirements: (a) Youth have the right to receive visits subject only to the limitations necessary to maintain …

20.9.623 HEALTH CARE (1) Written policy, procedure, and practice must provide that the facility has a designated health authority with responsibility for health care pursuant to a written agreement, contract, or job description. (a) The health authority may be a physician, physic…

20.9.624 SERVICES AND PROGRAMS (1) This rule applies to provision of services to all youth who remain in detention beyond ten days. (2) A range of resources should be provided to meet the needs of youth, including individual and family counseling and community services. (a) Youth…

20.9.625 EDUCATION (1) A detention facility licensed by the department shall provide each youth detained for 10 or more consecutive days with the opportunity for education. (2) A licensed facility must have written policies and procedures governing education which include at a mi…

20.9.626 OVER CAPACITY (1) Each facility must have an over capacity plan which must be in accordance with the facility's policies and procedures, and must be approved by the facility director or program manager. The plan must provide for the following: (a) the nature of the offen…

20.9.627 DISCIPLINE (1) The facility shall use appropriate forms of discipline but may not use any form of corporal punishment or any other technique which is humiliating, shaming or otherwise damaging to youth. Authorizing statute(s): 41-5-1802, MCA Implementing statute(s): 41-5…

20.9.628 INTERVENTION AND RESTRAINT (1) The facility shall provide training in intervention and restraint to all staff members who may be required to use intervention and restraint. The facility shall provide at least yearly refresher courses. (2) Intervention and restraint of a …

20.9.629 ADMINISTRATIVE SEGREGATION AND DISCIPLINARY DETENTION (1) Each facility which uses administrative segregation or disciplinary detention must have written policies governing these practices which comply with ACA standards. (2) Administrative segregation may be used as a m…