Montana Code 53-30-716. Conditions of confinement
53-30-716. Conditions of confinement. (1) (a) An inmate in restrictive housing must be provided with:
Terms Used In Montana Code 53-30-716
- 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
- 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(i)prescribed medication;
(ii)other medically necessary treatment as prescribed by a qualified health care provider;
(iii)clothing that is not degrading or specialized clothing when reasons for its use are documented;
(iv)access to basic personal items for use in the inmate’s cell unless there is imminent danger that the inmate or any other inmate will destroy the item or induce self-injury;
(v)the opportunity to shower and shave at least three times each week;
(vi)laundry, barbering, and hair care services; and
(vii)the opportunity to exchange clothing, bedding, and linen on the same basis as inmates in the general population.
(b)Exceptions to the requirements in subsection (1)(a) may be permitted if found necessary by a supervisor. Exceptions must be recorded in the inmate’s log and justified in writing.
(2)A facility may provide alternative meal service to an inmate who uses food or food service equipment in a manner that is hazardous to self, staff, or other inmates. Service may be provided on an individual basis based only on health or safety considerations and must meet basic nutritional requirements and occur only with the written approval of the administrator or chief health care authority. The food substitution period may not exceed 7 days.
(3)Procedures adopted pursuant to 53-30-703(7) must provide that whenever an adult or youth inmate is deprived of any usually authorized item or activity, a report of the action must be filed in both the inmate’s log and the inmate’s case record and forwarded to the facility’s chief of security.