Montana Code 53-30-717. Programs, services, and access to legal and reading materials
53-30-717. Programs, services, and access to legal and reading materials. (1) An inmate in a restrictive housing unit shall have:
Terms Used In Montana Code 53-30-717
- 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
- Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment. 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
- 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
(a)the opportunity to write and receive letters on the same basis as inmates in the general population;
(b)opportunities for visitation unless there are substantial reasons for withholding visitation privileges. If visitation privileges are withheld, the administrator shall approve the restriction.
(c)access to personal legal materials and available legal reference materials; and
(d)access to reading materials from the facility library.
(2)An inmate in administrative segregation or protective custody or an inmate housed in disciplinary detention must have access to programs and services that include but are not limited to the following:
(a)educational services;
(b)commissary services;
(c)library services;
(d)social services;
(e)counseling services;
(f)religious guidance; and
(g)recreational programs.
(3)The programs and services described in subsections (1) and (2) are not required to be identical to those provided in the facility’s general population. However, there may not be major differences for any reasons other than danger to life, health, or safety.
(4)An inmate with a disability may not be denied a reasonable accommodation simply because the inmate is in restrictive housing or a similar condition, unless safety or security concerns render the accommodation unreasonable.