Montana Code 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.
Terms Used In Montana Code 53-30-703
- 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. See Montana Code 53-30-702
- Administrator: means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program. See Montana Code 53-30-702
- Disciplinary detention: means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time. See Montana Code 53-30-702
- Facility: means a state prison as defined in 53-30-101(1), (2), and (4) or a correctional facility pursuant to 52-5-101. See Montana Code 53-30-702
- Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
- Postpartum: means the first 6 weeks after delivery. See Montana Code 53-30-702
- Prehearing confinement: means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates. See Montana Code 53-30-702
- Protective custody: means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety. See Montana Code 53-30-702
- Restrictive housing: means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. See Montana Code 53-30-702
- Step-down program: means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners. See Montana Code 53-30-702
(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 behavior.
(3)An inmate’s status in protective custody must be reviewed periodically by a classification committee or other designated group.
(4)Medical personnel must be part of a multidisciplinary team when an inmate who has chronic care or other significant medical accommodation needs participates in a step-down program.
(5)An inmate’s placement in restrictive housing may not exceed 22 hours in a 24-hour period and is limited to circumstances that pose a direct threat to the safety of persons or a clear threat to the safe and secure operations of the facility. Placement may be made only after considering:
(a)the relationship between the threat the offender poses and the behaviors articulated in the schedule established pursuant to subsection (9);
(b)the impact that restrictive housing may have on the medical and mental health conditions exhibited by the inmate and possible alternatives that may be available to compensate for these conditions; and
(c)a description of alternatives to restrictive housing that may be available to safely address the threat posed by the inmate.
(6)Female inmates determined to be pregnant or postpartum may not be housed in restrictive housing unless exigent circumstances exist. If exigent circumstances exist, a female inmate who is pregnant or postpartum may be placed in restrictive housing for a time not to exceed 24 hours. Any extension for exigent circumstances must be approved by the administrator or the administrator’s designee.
(7)A facility shall establish written operational procedures to govern restrictive housing and protective custody units for the supervision of inmates under administrative segregation, disciplinary detention, prehearing confinement, and protective custody. The operational procedures that govern restrictive housing and protective custody must incorporate American correctional association standards that do not conflict with the provisions of this part.
(8)The administrator, a shift supervisor, or a designee of either the administrator or a shift supervisor of an adult facility may order immediate segregation or placement in a restrictive housing unit when it is necessary to protect the inmate or others. The action must be reviewed within 24 hours by the appropriate supervisor.
(9)An adult facility shall maintain a sanctioning schedule for facility rule violations.
(10)The administrator or the administrator’s designee shall review the confinement of an adult inmate that continues beyond 30 days. Continuous confinement of an adult inmate for more than 30 days requires the approval of the administrator or the administrator’s designee.