Montana Code 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 of a local governmental entity or a corporation to enter into a long-term contract with the department, and the availability of rehabilitative services to inmates. The rules must require that a corporation respond to a request for proposals prepared by the department for a regional correctional facility before a contract may be entered with that corporation.
Terms Used In Montana Code 53-30-507
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Corporation: means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity. See Montana Code 53-30-503
- Department: means the department of corrections. See Montana Code 53-30-503
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Local governmental entity: means :
(a)a local governmental unit;
(b)a multijurisdictional service district; or
(c)an interlocal cooperation commission. See Montana Code 53-30-503
- Regional correctional facility: means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department. See Montana Code 53-30-503
- 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)The department shall adopt rules that include the minimum applicable standards for the construction, operation, and physical condition of a state correctional facility portion of a regional correctional facility and for the security, safety, health, treatment, and discipline of persons confined in a state correctional facility portion of a regional correctional facility. The rules must require that a privately operated or privately owned and operated state correctional facility portion of a regional correctional facility conform to applicable American correctional association and national commission on correctional health care standards.
(3)(a) The department shall adopt rules pursuant to Title 2, chapter 4, that specify a per diem rate that must be paid to a regional correctional facility for the confinement of persons in the state correctional facility portion of the regional correctional facility.
(b)The rules adopted pursuant to subsection (3)(a) must include but are not limited to:
(i)a definition of per diem rate;
(ii)a method of calculating the per diem rate; and
(iii)the costs to be included in the per diem rate calculation.
(c)At a minimum, the per diem rate must include compensation for:
(i)direct costs, including budget expenditures directly attributable to confining inmates;
(ii)indirect costs, including budget expenditures that are not directly associated with the confinement of inmates but that are incurred to provide support services for the regional correctional facility, not to exceed 3% annually;
(iii)capital costs, limited to the following use allowances:
(A)for buildings and improvements, not to exceed 2.5% of acquisition cost for no more than 40 years; and
(B)for equipment with an individual acquisition cost of $5,000 or more, not to exceed 6 2/3% of acquisition cost for no more than 15 years; and
(iv)other costs that the department determines are necessary, including medical or transportation costs.
(d)The department shall determine by rule the costs that are not allowable as part of a per diem rate. Unallowable costs must include programs and services that do not have a direct benefit to persons confined in the regional correctional facility and depreciation for capital improvements paid for by the department and depreciation for equipment used in providing support services.
(e)A population factor must be included in the per diem rate to allow for accurate compensation based on the number of inmates confined in the regional correctional facility.
(f)The rules must provide for billing procedures and must allow for review of the per diem rate at least once each fiscal year. When reviewing the per diem rate, the department shall accept public comment that must be considered when the department is determining the accuracy of the per diem rate for the next fiscal year.
(4)Beginning July 1, 2019, the regional correctional facility and the department must mutually agree on any personal services increases or nonroutine purchases exceeding a total of $5,000 in a fiscal year.