53-30-507. Rulemaking authority
53-30-507. Rulemaking authority. (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 facility in the area, the ability and willingness […]
53-30-508. through 53-30-510 reserved
53-30-508 through 53-30-510 reserved.
53-30-511. Local governmental entity authorized to enter into long-term contracts and to incur indebtedness — noncompetition clause
53-30-511. Local governmental entity authorized to enter into long-term contracts and to incur indebtedness — noncompetition clause. (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 […]
53-30-601. Policy
53-30-601. Policy. 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 operated consistently with public policy. History: En. Sec. 1, Ch. 511, L. 1997.
53-30-602. Definitions
53-30-602. Definitions. 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 term does not include a private detention center or a regional jail governed by Title 7, […]
53-30-603. Private correctional facilities — confinable persons
53-30-603. Private correctional facilities — confinable persons. (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 organization or entity may not operate a private correctional facility in this state unless […]
53-30-604. Department duties and responsibilities — rulemaking authority
53-30-604. Department duties and responsibilities — rulemaking authority. (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 confined in a private correctional facility. (b) The administrative rules must […]
53-30-605. Requirements of request for proposals
53-30-605. Requirements of request for proposals. (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) The request for proposals must include and identify the […]
53-30-606. License — inspection
53-30-606. License — inspection. (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 that the facility is making satisfactory progress toward […]
53-30-607. Licensure limitations — siting of private correctional facilities
53-30-607. Licensure limitations — siting of private correctional facilities. (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 […]