Montana Code 53-30-720. Requirements for youth facilities
53-30-720. Requirements for youth facilities. (1) Except as provided in subsection (2), a facility that houses youth inmates may not use restrictive housing.
Terms Used In Montana Code 53-30-720
- 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
- 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
(2)The administrator or the administrator’s designee may order a youth to be placed in protective custody for temporary confinement not to exceed 24 hours when it is necessary to protect the youth or others. The action must be reviewed by the facility administrator within 4 hours regardless of weekends or holidays, or the next morning if the youth is placed in protective custody after 9 p.m.
(3)Procedures adopted pursuant to 53-30-703(7) must provide special management for a youth inmate with serious behavior problems and for a youth who requires protective care.
(4)A youth facility shall develop individual program plans and provide appropriate services that may require youth inmates to be separated from the general population.
(5)A youth in protective custody must be allowed out of cell for more than 2 hours in a 24-hour period.
(6)A youth in protective custody must be observed by staff at least every 15 minutes.
(7)A youth in protective custody must be visited at least once each day by staff from administrative, clinical, social work, religious, or medical units.