Montana Code 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.
Terms Used In Montana Code 53-30-604
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-602
- 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
(b)The administrative rules must require that a private correctional facility conform to applicable American correctional association and national commission on correctional health care standards for the facility and achieve accreditation from the American correctional association and national commission on correctional health care within 3 years from the date the facility begins operation.
(c)The administrative rules must provide for review and approval of facility design and construction by the department of administration.
(2)Within 90 days of May 2, 1997, and on a biennial basis, the department shall publish a description of the long-range correctional needs, objectives, and goals of the department and the state.
(3)The department shall at least annually inspect each private correctional facility to determine compliance with this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements.
(4)The department shall present a report of compliance inspections to the legislature in accordance with 5-11-210.