Title 53, Title 53

The warden of a state prison must be trained through education and experience in directing a custody, treatment, training, or rehabilitation program in a penal or correctional institution.

Barbarous punishments may not be prescribed for an inmate of the state prison, and an inmate, as punishment, may not be deprived of the inmate's normal provision of food while being compelled to work the usual number of hours per day.

(1) If the inmate population of a correctional institution or system exceeds the emergency capacity for 30 consecutive days, the director of the department of corrections may declare that the emergency capacity has been exceeded and temporarily stop admissions to the institution …

(1) Whenever a trial of any person takes place under any of the provisions of 45-7-306 or whenever a prisoner in the state prison is tried for any crime committed in prison, the county clerk of the county where the trial is held shall make out a statement of all the costs incurre…

The state prison shall furnish suitable clothing to a discharged or paroled inmate. An inmate discharged and delivered to the custody of the federal government or another state must receive $5. All other discharged or paroled inmates may receive "gate money" in an amount up to $1…

When an inmate in a state prison is placed in or transferred to a correctional institution located outside of the state, the department shall consider the inmate's attachment to family and the inmate's ability to maintain those attachments.

(1) There is a Montana correctional enterprises program within the department of corrections to operate a prison industries training program. The Montana correctional enterprises program shall: (a) prepare inmates for release by providing vocational education training and work pr…

(Temporary) Inmate participation and status in prison work programs -- Montana correctional enterprises prison industries training program -- wages and benefits. (1) Able-bodied persons committed to a state prison as adult offenders may be required to perform work as provided for…

(1) (a) The Montana correctional enterprises program need not be a self-supporting program. All revenue raised through the program may be used only for the program, including the payment of inmate wages. (b) State agencies, local governments, school districts, authorities, and ot…

(1) There is a license plate production operating account of the enterprise fund type, as provided in 17-2-102. (2) All payments received by the Montana correctional enterprises program under a contract related to the manufacture of license plates, products and services provided …

(1) The department of corrections may extend the limits of confinement of the state prison in Deer Lodge for purposes of housing outside the prison fence inmates who: (a) are employed in ranch or agricultural industry programs; and (b) have demonstrated sufficient reliability and…

Purposeful or knowing failure of an inmate to remain within the extended limits of confinement or to return within the time prescribed by prison officials to the place of confinement designated by the department is an escape punishable as provided in 45-7-306.

An inmate of a state prison may be required to: (1) keep the living quarters assigned to that inmate clean and orderly; (2) perform general maintenance and repair work on prison grounds and facilities and assist in providing services essential to the administration of the prison,…

An inmate working pursuant to 53-30-151 is not an employee, either public or private, and employment rights accorded other classes of workers do not apply to such inmates.

(1) A state prison that contracts with a telecommunications service provider to provide telecommunications services for inmates shall contract with a telecommunications service provider to provide communications services for inmates that: (a) provides public safety precautions re…

(1) There is a dog obedience training and socialization program at the Montana state prison or any other state-owned or contracted prison facility for the purpose of promoting the well-being of inmates and increasing the adoptability of rescue dogs in the state. The program shall…

(1) There is a Montana correctional education program within the department of corrections. The Montana correctional education program shall offer a program for inmates to participate in opportunities in the state prison to further their education, including but not limited to pr…

(Temporary) Preapprenticeship training program for inmates. The department of corrections shall meet with labor union and building trades representatives for the purposes of developing a preapprenticeship training program for inmates participating in the construction program to h…

This part may be cited as the "Montana Community Corrections Act".

It is the purpose of this part to: (1) encourage the development of community corrections facilities and programs by units of local government, tribal governments, and nongovernmental agencies; (2) reduce court commitments to the state prisons through diversion of offenders deter…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Community corrections board" means a community corrections board as provided in 53-30-312. (2) "Community corrections facility or program" means a community-based or community-orien…

(1) A unit of local government may establish, maintain, and operate any community corrections facilities and programs that it considers necessary to serve its own needs or the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321. (2)…

(1) A unit of local government, the governing bodies of two or more units of local government, or a tribal government may establish a community corrections board. (2) A community corrections board consists of three to seven members, must, when possible, be gender-balanced, as pro…

(1) A community corrections board may establish and enforce standards for: (a) the operation of community corrections facilities and programs operated by the unit of local government or a tribal government served by the community corrections board; and (b) the conduct of offender…

(1) A tribal government may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321. (2) A tribal government operating a community corrections fac…

(1) Except as provided in subsection (2), a nongovernmental agency may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321. (2) A nongovernmen…

(1) Subject to the restrictions contained in subsection (2), a judge may order placement of an offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency. (2) A judge may not order placement of …

The department may: (1) upon the request of a local community corrections board, provide assistance in the planning of community corrections facilities and programs; and (2) contract with a community corrections facility or program for the provision of services for offenders unde…

(1) An offender placed in a community corrections facility or program under this part shall execute a written contract or agreement with the director of the facility or program, setting forth the terms and conditions for placement in the facility or program. The contract or agree…

An offender is guilty of escape and shall be punished as provided in 45-7-306 if, without proper authorization, the offender: (1) fails to remain within the extended limits of the offender's confinement or fails to return within the time specified to a community corrections facil…

This part may be known and cited as the "Regional Correctional Facility Act".

It is the purpose of this part to provide a method by which the state and local governments can make the most efficient use of their powers and resources by enabling them to cooperate to fulfill their respective responsibilities of providing services and facilities for the incarc…

As used in this part, the following definitions apply: (1) "Corporation" means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity. (2) "Department" means the department of corrections. (3) "Interlocal c…

(1) The department may contract with one or more local governmental entities or corporations for the housing of and provision of services to inmates sentenced to the department or the department's correctional institutions at a regional correctional facility designed, financed, c…

A contract entered into under 53-30-504 may not exceed a term of 30 years and must contain provisions for renegotiation after 30 years. The provisions of 18-4-313 that limit the term of a contract do not apply to a contract authorized by 53-30-504.

If, under a contract entered into under 53-30-504, the state constructs and owns a regional correctional facility, the contract may provide an option for the local governmental entity or corporation to purchase the facility.

(1) The department may adopt rules to implement this part, including rules for the determination of how sites are to be chosen for regional correctional facilities. The rules must provide that in selecting a site, the department shall consider the need for a regional correctional…

(1) A local governmental entity may enter into a long-term lease or agreement, not to exceed a term of 30 years, with a corporation proposing to operate a regional detention facility under this part. The local governmental entity may agree in the long-term lease or agreement to a…

It is the policy of the state of Montana to encourage innovative methods to provide the correctional resources necessary to confine persons convicted of crimes. The state recognizes that there may be benefits to confining convicted persons in private correctional facilities opera…

As used in this part, the following definitions apply: (1) "Department" means the department of corrections provided for in 2-15-2301. (2) (a) "Private correctional facility" means a correctional facility that is either privately operated or privately owned and operated. (b) The …

(1) An individual, corporation, partnership, association, or other private organization or entity may not construct a private correctional facility in this state unless authorized by the department. (2) An individual, corporation, partnership, association, or other private organi…

(1) (a) The department shall adopt administrative rules that include the minimum applicable standards for the siting, construction, operation, and physical condition of a private correctional facility and for the security, safety, health, treatment, and discipline of persons conf…

(1) Prior to contracting for services with a private correctional facility, the department shall publish a request for proposals. The request for proposals must include a description of the long-range correctional needs, objectives, and goals of the department and the state. (2) …

(1) The department shall grant a license to a private correctional facility determined by the department to conform to this part and department rules. (2) The department may grant a temporary license for 1 year to a facility that loses accreditation if the department determines t…

(1) The department may not grant a license to a private correctional facility located within 1 mile of a public or nonpublic school, not including a home school. However, if a public or nonpublic school is established after a facility has been approved, the department may not pre…

(1) Upon request of the legislative audit committee, the legislative audit division shall review the procedures by which a contract was awarded and shall review each contract prior to execution to determine if the contract includes the requirements provided in this part. (2) A co…