Montana Code 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.
Terms Used In Montana Code 53-30-603
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-602
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Private correctional facility: means a correctional facility that is either privately operated or privately owned and operated. See Montana Code 53-30-602
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)An individual, corporation, partnership, association, or other private organization or entity may not operate a private correctional facility in this state unless licensed by the department. A license is nontransferable.
(3)A person convicted in any state or U.S. federal court may be confined in a private correctional facility in this state pursuant to approval by the department of a written agreement between the originating jurisdiction and the private correctional facility if the person is at all times and in all places within the correctional facility kept physically separated from persons convicted in this state. The agreement must include provisions for returning an out-of-state inmate to the originating jurisdiction prior to the inmate’s parole or release.