US Lawyer Database

53-30-608. Contracts with owners or operators of private correctional facilities

53-30-608. Contracts with owners or operators of private correctional facilities. (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 contract with an […]

53-30-609. Contractor costs responsibility

53-30-609. Contractor costs responsibility. (1) The contractor is responsible for costs incurred by the state or any political subdivision of the state for legal costs relating to escapes, riots or disturbances, or other natural or human-caused events that occur at the facility because of the contractor’s negligence, errors, omissions, intentional acts, or failure to comply with […]

53-30-610. Restrictions on inmate movements

53-30-610. Restrictions on inmate movements. An inmate may not leave the secure premises of a private correctional facility except to comply with a court order, to receive medical care that is not available at the private correctional facility, or as part of a work program without the express written approval of the department. Any movement of […]

53-30-611. Failure to comply with law — action by department

53-30-611. Failure to comply with law — action by department. (1) A contractor shall remain in strict compliance with this part, established applicable American correctional association and national commission on correctional health care standards, as determined by the department by administrative rule, department rules, and contract requirements. (2) If the department determines at any time that a […]

53-30-701. Policy — restrictive housing

53-30-701. Policy — restrictive housing. (1) It is the policy of the state of Montana that the department of corrections and the facilities it operates or with which it contracts maintain safe, secure housing for inmates who require separation from the general inmate population for detention or for safety and security reasons. (2) Restrictive housing should be […]

53-30-702. Definitions

53-30-702. Definitions. As used in this part, the following definitions apply: (1) ”Administrative segregation” means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility’s security or orderly operation. (2) ”Administrator” means the official, regardless of local title, who is […]

53-30-703. General requirements for restrictive housing — procedures

53-30-703. General requirements for restrictive housing — procedures. (1) An inmate may be housed in administrative segregation during an investigation of alleged violations. (2) An inmate may be placed in disciplinary detention only after a finding of a rule violation at an impartial hearing and when there is not an adequate alternative disposition to regulate the inmate’s […]

53-30-707. Admission — status review

53-30-707. Admission — status review. (1) The procedures established by an adult facility as required in 53-30-703(7) must include: (a) a documented process to admit an inmate to a restrictive housing unit. An inmate may be admitted for protective custody only when there is documentation that this status is warranted and no reasonable alternatives were available. (b) a […]

53-30-708. Mental health status review

53-30-708. Mental health status review. (1) When a housing or management unit exists for adult or youth inmates with a mental disorder, procedures adopted pursuant to 53-30-703(7) must provide for placements, assessments, specialized treatments, program services, and scheduled case reviews by qualified mental health professionals in accordance with policies established by the department. (2) Upon notification that […]