Montana Administrative Code

20.9.612 MANAGEMENT, STAFF, AND TRAINING 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. The director must have the following qualific…

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

20.9.614 NUTRITION AND FOOD SAFETY 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 conside…

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

20.9.616 FIRE SAFETY 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 having …

20.9.617 SAFETY AND SECURITY Each youth must be physically observed at intervals no more than 15 minutes apart. 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 policy must …

20.9.618 SEARCHES All policies and procedures on searches must, at a minimum, follow ACA standards. 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 youth, t…

20.9.619 ADMISSION 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 of su…

20.9.620 RIGHTS OF YOUTH 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: the facility's written grievance procedure for youth and the youth's right to make requests …

20.9.621 COMMUNICATION/MAIL 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: the facility may routinely screen and refuse mail going to or incomi…

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

20.9.623 HEALTH CARE 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. The health authority may be a physician, physician assi…

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

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

20.9.626 OVER CAPACITY 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: the nature of the offense of th…

20.9.627 DISCIPLINE 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): 41-5-180…

20.9.628 INTERVENTION AND RESTRAINT 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. Intervention and restraint of a youth ma…

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

20.9.630 MECHANICAL RESTRAINT Each facility which utilizes mechanical restraint must have a written statement of its policies. The use of four or five-point restraints is prohibited in youth detention facilities. The use of mechanical restraint may only be permitted to transport …

20.9.631 INFLAMMATORY AGENT Each facility which utilizes inflammatory agents must have a written procedure which includes: inflammatory agents may only be permitted when a lesser degree of force is not effective to prevent serious injury to youth or staff, or to ensure the safety…

20.9.632 TRANSFERS Transfers to other facilities must be by youth court order or by other proper written authorization. Authorizing statute(s): 41-5-1802, MCA Implementing statute(s): 41-5-1802, MCA History: NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05…

20.9.633 TRANSPORTATION The facility must have policy and procedures for transportation of youth which are in accordance with good correctional practice and state and federal law. Authorizing statute(s): 41-5-1802, MCA Implementing statute(s): 41-5-1802, MCA History: NEW, 1999 MA…

20.9.634 RELEASE A youth's release from or continuance in detention must be determined by proper authority. The youth court release from detention must be in writing and on file at the facility. If a release by the youth court is made by phone, it must be followed up by a written…

20.9.635 PRISON RAPE ELIMINATION ACT Each facility must have a written policy, procedure, and practice to ensure that information is provided to juveniles about sexual abuse/assault including: each policy, procedure, and practice will include information regarding: prevention/int…

20.9.701 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Assigned juvenile parole officer" means the officer whom the Youth Services Division assigns to monitor the youth who enters a state youth correctional facility. "Department" means the Dep…

20.9.702 MEMBERSHIP OF LENGTH OF STAY COMMITTEE (REPEALED) Authorizing statute(s): 52-5-102, MCA Implementing statute(s): 52-5-102, MCA History: NEW, 1999 MAR p. 214, Eff. 1/29/99; REP, 2013 MAR p. 1337, Eff. 7/26/13.

20.9.703 LENGTH OF STAY The youth correctional facility will determine a tentative length of stay for each youth who enters the facility. The length of stay establishes the tentative date upon which the facility will release the youth because the youth is suitable for and will be…

20.9.704 LENGTH OF STAY COMMITTEE DECISIONS (REPEALED) Authorizing statute(s): 52-5-102, MCA Implementing statute(s): 52-5-102, MCA History: NEW, 1999 MAR p. 214, Eff. 1/29/99; REP, 2013 MAR p. 1337, Eff. 7/26/13.

20.9.705 PROCEDURES Each facility must have written procedures that govern length of stay. The procedures must be based on department policy and approved by the Youth Services Division administrator. The length of stay procedures must provide for the following: youth with similar…

20.9.706 DETERMINATION OF CAPACITY AND ALTERNATE PLACEMENT Annually, the department will determine the capacity for each state youth correctional facility. Each year when the department has determined the facility capacities, it will notify all district courts, sheriffs, and yout…

20.9.707 RELEASE, SUPERVISION STATUS CHANGE, AND DISCHARGE OF YOUTH The department will release a youth from a youth correctional facility when: the youth has spent the maximum amount of time in a youth correctional facility pursuant to 41-5-1522, MCA; the department places the y…

20.9.801 DEFINITIONS As used in this subchapter, the following definitions apply: "Data" means any data related to the records maintained in any youth management information system developed by or used by the Department of Corrections Youth Services Division. "Department" means t…

20.9.802 YOUTH ELECTRONIC RECORDS The department will maintain an electronic youth management information system. The department will maintain the electronic youth management information system separate from any adult electronic management information system. Authorizing statute(…

20.9.803 INTEGRITY OF YOUTH ELECTRONIC RECORDS IN DEPARTMENT YOUTH MANAGEMENT INFORMATION SYSTEM To control the integrity of the information in the youth management information system, only authorized persons will be given the capability to enter data into the system as granted a…

20.9.804 SECURITY OF YOUTH ELECTRONIC RECORDS IN DEPARTMENT YOUTH MANAGEMENT INFORMATION SYSTEM To control the security of the information in the youth management information system, the Youth Services Division administrator or designee will give to the Information and Business T…

20.9.805 CONFIDENTIALITY OF YOUTH ELECTRONIC RECORDS IN DEPARTMENT YOUTH MANAGEMENT INFORMATION SYSTEM The information in the youth management information system is confidential and shall not be disseminated to anyone outside the department unless specifically authorized by the Y…

23.1.101 ORGANIZATIONAL RULE Organization of the Department of Justice: History: Under the Executive Reorganization Act of 1971, the Governor implemented the creation of a Department of Law Enforcement and Public Safety by Executive Reorganization Order 3-72 on September 1, 1972.…

23.12.101 FINAL DISPOSITION REPORTS (REPEALED) Authorizing statute(s): Sec. 44-5-213(7) MCA Implementing statute(s): Sec. 44-5-213 MCA History: NEW, 1986 MAR p. 43, Eff. 1/17/86; REP, 1993 MAR p. 556, Eff. 4/16/93.

23.12.102 DEFINITIONS Unless the context requires otherwise, the following definitions apply to ARM 23.12.102 through 23.12.106: "Arresting agency" means the law enforcement entity that initiates the restraint of or notification to an individual charged with a criminal offense. "…

23.12.103 MONTANA ARREST NUMBERING SYSTEM NUMBER TO BE ASSIGNED - CJIN Following a custodial or felony arrest the arresting agency or by agreement the custodial agency shall access the Montana arrest numbering system (MANS) through the CJIN and have a number assigned to that cust…

23.12.104 FINGERPRINT CARD Whenever a person charged with a crime is fingerprinted under 44-5-202, MCA, two original FBI fingerprint cards, form number FD-249, must be completed by the arresting agency and submitted to the department. The completion of the card must follow proced…

23.12.105 CRIMINAL CASE HISTORY AND FINAL DISPOSITION REPORT Whenever an individual charged with a crime is fingerprinted under 44-5-202, MCA, a criminal case history and final disposition report, form number CHRP1, made available by the department, must be initiated by the arres…