This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

(2) Those residents employed on a full time basis will contribute 25% of their earnings, after federal and state taxes and FICA, while in the program - less the following exemptions:

(a) court ordered restitution

(b) court ordered fines

(c) court ordered child support

(d) medical, dental or pharmaceutical costs paid by the resident.

(3) Residents using the above exemptions will still be required to pay the $7.00/day minimum.

(a) Reports shall be submitted by the tenth working day of the month following.

(b) This report shall include the number of days per month the resident has been in the program; gross income during the month; and cost of reimbursement due based on the criteria in ARM 20.7.201(2) .

(c) Residents of state-operated centers shall submit payment by money order payable to the "Montana State Treasurer" and mail to the department of corrections, corrections division. These funds will be deposited in the general fund.

(a) Residents attending part time educational or training programs will be subject to pay a minimum of $7.00 per day as set forth in ARM 20.7.201(1) .

(2) A resident who is unable to pay any personal expenses under this rule may request a waiver from the program manager and the department.

(1) "District court" is the district unit of the Montana judicial system, presided over by district court judges.

(2) "Probation officer" is an employee of the probation and parole bureau of the department of corrections and human services who supervises clients placed under department jurisdiction by the district court or the board of pardons. Probation officers are responsible for preparing and presenting pre-sentence reports for the district court.

(3) "Sex offender" is an individual convicted of a felony offense under 45-5-502(3) , 45-5-503, 45-5-505, 45-5-507, MCA (unless the act occurred between two consenting persons 16 years of age or older) , or 45-5-625, MCA.

(2) Received formal education in the area of normal and abnormal sexual functioning;

(3) Received at least six hours of documentable annual continuing education in sex offender therapy or human sexuality;

(4) Spent the first year of their specialized clinical practice having at least monthly consultation and peer reviews of cases with a specialized sex offender clinician who practices in accordance with established national standards; and

(5) Possess one of the following combinations of degree and experience:

(a) Relevant bachelor's degree and 4,000 hours of specific sex offender treatment experience;

(b) Relevant master's degree, licensing and 2,000 hours of specific sex offender treatment experience;

(c) Relevant doctoral degree, licensing and 2,000 hours of specific sex offender treatment experience; or

(d) Medical degree and 2,000 hours of specific sex offender treatment experience; and

(e) Is a full or clinical member of at least one relevant national organization which has ethics of practice to which they adhere.

(1) "Board" means the Board of Pardons and Parole as authorized in 2-15-2302 and 46-23-104, MCA.

(2) "Conditional Release" means the placement by the department of an offender into the community under the jurisdiction of the department and subject to the department's rules.

(3) "Department" means Department of Corrections as authorized in 2-15-230, MCA.

(4) "Level 3 sex offender" means an offender who a judge has designated as having a high probability of committing a repeat sexual offense.

(5) "Offender" means a person convicted and sentenced for a felony offense.

(6) "Parole" means the release from incarceration by the Board of Pardons and Parole prior to the completion of an offender's sentence of incarceration.

(7) "Probation" means the district court's release of an offender into the community, subject to supervision by the department.

(8) "Sexual offender" means a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual offense as defined in 46-23-502(9), MCA.

(9) "Zone" means an area where the offender is supposed to be located or an area where the offender is prohibited from being located.

(2) All offenders supervised by the department are eligible to participate in the satellite-based monitoring program, including offenders ordered by the court and the board to participate in the program.

(3) An offender convicted under 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), or 45-5-603(2)(c), MCA and released from imprisonment must participate in the program.

(4) An offender designated a level 3 sex offender who is on probation, parole, or conditional release must participate in the program.

(5) The department may establish procedures for the day-to-day operation of the program, which will include, at a minimum, the following:

(a) a time-correlated passive system of tracking of the offender's geographic location at least every five minutes using a global positioning system based on satellite and other location-tracking technology;

(b) reporting once a day of the offender's locations the previous day; and

(c) immediate notification of a zone violation.

(6) The satellite-based monitoring program shall share offender location data with local and state law enforcement officials upon request.

(7) An offender in the satellite-based monitoring program shall pay a monthly fee to the department for his/her participation in the program. The fee the department assesses shall include the actual monthly cost of equipment and services needed to operate the program and a fee to supervise the offender on the program. The total amount of the fee may not exceed $4,000.00 per year.

(8) The department shall contract with a single vendor for the equipment and services needed to monitor offenders in the program. The contract also may provide for the collection and disposition of the monthly fees provided for in (7) including the reasonable cost of collection of the fee.

(1) "Center" means prerelease center.

(2) "Department" means the department of corrections.

(3) "Expansion of existing center" means an existing pre-release center intends to go beyond its contracted bed capacity or add square footage for the purpose of housing offenders.

(4) "Local officials" means elected and appointed city, town, and county persons in leadership positions.

(5) "Prerelease center" means a residential facility for adult offenders located in a community which offers offenders room and board, supervision, counseling, and treatment.

(a) demographic and statistical data on the general and offender population of the city, town, or county being considered; and

(b) the proposed prerelease center's relationship to the correctional needs of the state.

(a) appropriate mental health and chemical dependency services;

(b) adequate job opportunities as determined by appropriate state agencies;

(c) opportunities for basic education, GED, technical training, and post secondary education; and

(d) opportunities for volunteer and community service.

(a) members of city, town, and county governing bodies;

(b) city and county attorney;

(c) chief public defender, if there is one;

(d) mayor or chief executive officer of city or town;

(e) local district judges;

(f) local state legislators;

(g) sheriff; and

(h) if there is one, the chief of police.

(2) The media should receive the following information:

(a) written rationale developed by the department which documents the need for a prerelease center in the city, town, or county being considered, including statistics which demonstrate the need for a center in the proposed city, town, or county;

(b) the proposed process as outlined in these rules; and

(c) the role of the public in the process as outlined in

these rules.

(1) The department shall meet with local officials to form a working committee.

(2) The goal of the working committee will be to:

(a) educate the city, town, or county citizens; and

(b) determine if there is a public support for a center.

(3) The working committee should be representative of the diverse interests and areas within the city, town, or county being considered. Working committee members should be appointed by the local governing bodies.

(4) The committee shall develop a plan to educate its members and the public, specifically addressing the following:

(a) the rationale and need for choosing this city, town, or county;

(b) the services that will be provided; and

(c) the process the department will use to screen offenders for the center.

(5) The working committee and the department shall agree upon time lines for establishing the center and the requisite tasks involved.

(1) In order to determine the level of public support for a center, the working committee shall develop a process which includes the public in a meaningful way.

(a) The working committee, with assistance from local officials and the department, shall schedule and participate in an informational public meeting process to determine the level of support for a center.

(2) The public involvement process must also include the following:

(a) The committee shall involve local organizations such as service groups and local government advisory boards to determine public support for a center, and to assist the committee to select a specific geographic area for the center.

(b) The committee shall involve the general public in the process to review the proposal and siting criteria.

(c) A comprehensive, statistically valid and nonbiased survey must be conducted to determine the level of support of local officials and the public for a center.

This rule has been repealed.

(2) The department shall publish notice of the hearing in a newspaper of general circulation within the proposed specific geographic area reasonably in advance of the hearing. The department shall also mail notice of the hearing to all interested persons who have expressed to the department an interest concerning department actions and have requested to be placed on the department's list of interested persons.

(3) The department shall allow interested persons the opportunity to submit data, views, or arguments orally or in writing prior to the hearing, at the hearing, and for a reasonable time after the hearing.

(4) The hearing must be held in an accessible facility in the specific geographic area proposed for the center.

(1) After the working committee has approved a specific geographic area of the city, town, or county for the center and the department has shown through surveys that the area has the support of local officials and the public, the department shall request proposals from vendors to construct or acquire a building and operate the center within the boundaries identified for the specific geographic area.

(2) The department shall choose the best proposal consistent with the criteria developed by the department.

(3) Proposers shall submit proposals based on a specific site within the geographic area which the working committee selected and the public approved.

(1) The Department of Corrections may biennially increase the department contract capacity for a prerelease center by not more than 25 percent over the previous biennial contract capacity without engaging in the competitive procurement process.

(2) The department may biennially increase the contract capacity by more than 25 percent but less than 50 percent over the previous biennial contract capacity without engaging in the competitive procurement process if:

(a) the department has determined, in writing, that the increase is in the best interest of the department;

(b) the increase does not change the nature of the prerelease services; and

(c) the current contract has at least twelve months remaining, including renewals, before expiration.

(3) Before the department executes a contract amendment for an expansion of more than 25 percent but less than 50 percent, the department must give notice to the public and to current treatment facility or program providers of its intent to expand the existing prerelease contract capacity.

(a) The department must publish the notice not less than 90 days in advance of the proposed expansion date.

(b) The notice must request potential contractors to notify the department, in writing, of their interest in providing the same services.

(c) The notice must request potential contractors to provide proof to the department that the potential contractor has the ability to provide the contracted services.

(d) Notice is considered accomplished under this subsection if the department publishes the notice on its web site and sends such notice to each existing department prerelease facility or program provider.

(e) The department shall set a reasonable deadline for potential contractors to notify the department.

(f) If the department receives appropriate notification under this subsection, the department may not proceed without opening up the expansion to competitive bidding for the expansion portion only. 

(4) The department may not increase by more than 50 percent the department contract capacity for a prerelease program without engaging in the competitive bidding process for the expansion portion.

(5) For an expansion of the contract capacity of more than 25 percent, the department shall conduct a public hearing in the neighborhood in which the center is situated. The department shall conduct the hearing in conformity with Title 2, chapter 3, MCA.

(a) The department shall publish notice of the hearing in a newspaper of general circulation within the city, town, or county reasonably in advance of the hearing. The department shall also mail notice of the hearing to all interested persons who have expressed to the department an interest concerning department actions and have requested to be placed on the department's list of interested persons.

(b) The department shall allow interested persons the opportunity to submit data, views, or arguments orally or in writing prior to the hearing, at the hearing, and for a reasonable time after the hearing.

(c) The hearing must be held in an accessible facility in the neighborhood in which the center is situated.

(d) A prelease center expansion is subject to any existing conditions, covenants, restrictions of record, and zoning regulations.

(6) This rule does not apply to expansion of department contract capacity for a contract between the department and a local or tribal government for operation of a prerelease program established pursuant to the Community Corrections Act, 53-30-301, MCA et seq.

(1) The committee must select a proposed area with specific identifiable boundaries that it deems suitable for a prerelease center. The proposed area the committee identifies must have access to:

(a) a law enforcement agency capable of emergency response within 15 minutes;

(b) 24-hour emergency medical and fire protection services;

(c) medical transportation services from a licensed ambulance service; and

(d) fire protection by a professional fire protection service capable of responding within reasonable time as determined by the state fire marshal or the authority having jurisdiction.

(2) The committee shall involve local organizations such as service groups and local government advisory boards to assist the committee to select a specific geographic area for the center.

(3) The specific geographic area within the city, town, or county which the committee chooses must be in compliance with all applicable laws, codes, ordinances and existing conditions, covenants, restrictions of record, zoning regulations, or be capable of coming into compliance with applicable zoning regulation through the use of a zoning change, variance, conditional use permit, PUD, or other process set forth in the governing zoning regulations.

(4) After the working committee has selected the proposed geographic area, the department shall contract with a professional consulting firm to conduct a comprehensive, statistically valid, and nonbiased survey to determine if the area has an appropriate level of support of local officials, the public who live within the geographic area, and the businesses that are located within the geographic area.

(a) To determine support of local officials, the consulting firm shall survey the following local officials:

(i) members of city, town, or county governing bodies;

(ii) city, town, or county attorney;

(iii) chief public defender, if there is one;

(iv) mayor of chief executive officer of city or town;

(v) local district judges;

(vi) local state legislators who represent any portion of the city, town, or county of the proposed geographic area;

(vii) sheriff; and

(viii) if there is one, the chief of police.

(b) To determine support of the public, the consulting firm shall survey a statistically valid random sampling of persons who live in the area and persons who own businesses within the geographic area.

(5) The working committee shall approve both surveys.

(6) An appropriate level of support is at least 51 percent of local officials and 60 percent of the public and business owners surveyed.

(7) If the geographic area the committee selects does not garner the appropriate amount of support in the survey, the committee may select another area and proceed with the process indicated in (1) through (5) of this rule.

(8) The department may not move forward and publish a request for proposals until the working committee has selected a specific geographic area and the department can show through the survey in (3) and (4) of this rule that the area has the support of local officials and the public.

(1) "Board" means the Board of Pardons and Parole as authorized in 2-15-2302 and 46-23-104, MCA.

(2) "Conditional Release" means the placement by the department of an offender into the community under the jurisdiction of the department and subject to the department's rules.

(3) "Department" means Department of Corrections as authorized in 2-15-230, MCA.

(4) "Offender" means a person convicted and sentenced for a felony offense.

(5) "Parole" means the release from incarceration by the Board of Pardons and Parole prior to the completion of an offender's sentence of incarceration.

(6) "Probation" means the district court's release of an offender into the community, subject to supervision by the department.

(1) The department may establish and administer a day reporting program in any geographic region deemed appropriate by the department. The department may also contract with a Montana corporation to operate a day reporting program in a Montana community deemed appropriate by the department.

(2) The purposes of the day reporting program are to:

(a) provide an alternative sentencing option as a condition of a deferred or suspended sentence;

(b) provide a structured program for closer supervision of offenders on probation, parole, or conditional release;

(c) provide a sanction for offenders who violate the rules of probation, parole, or conditional release; and

(d) provide a program that can be used to transition offenders from secure facilities into the community.

(3) Pursuant to 46-18-201, MCA, a court may make participation in the day reporting program a condition of a deferred or suspended sentence. Additionally, the department may, in its sole discretion, place an offender in the program if the department determines that the offender requires that level of supervision.

(4) While in a day reporting program the offender must abide by all the standard probation and parole conditions, any special conditions imposed by the court or the board, and at a minimum, the following program rules:

(a) The offender must, at the direction of the day reporting officer, maintain a telephone land-line or other means of electronic monitoring.

(b) The offender must maintain and abide by a written weekly schedule that includes the specific times the offender will be at work, counseling or treatment, or other significant events.

(c) The offender must complete a life skills program as directed by the day reporting officer.

(d) The offender must abide by the curfew set by the day reporting program officer.

(e) The day reporting program shall have zero tolerance for alcohol and drug use. To assure compliance with the zero tolerance rule, the offender shall be subject to regular and random urinalysis and breath tests.

(f) While in the program, the offender must check-in daily by phone or other means as directed by the day reporting officer and must abide by the following face-to-face meeting schedule with the day reporting officer or designee:

(i) in Phase I, the offender is required to meet daily;

(ii) for the first 30 days of Phase II, the offender is required to meet twice a week; and

(iii) for the final 30 days of Phase II, the offender is required to meet once a week.

(5) An offender who violates program rules is subject to the following:

(a) arrest;

(b) revocation of probation, parole, or conditional release;

(c) imposition of statutory and department disciplinary sanctions;

(d) imposition of new program rules;

(e) lowering of the offender's program phase; and

(f) a requirement of more time in the program.

(1) "Capacity" means no more than 50 program participants.

(2) "Center" means the chemical dependency treatment center established in the former Eastmont human services center in Glendive, Montana.

(3) "Contractor" means the private, nonprofit Montana corporation with which the department enters a contract to operate the program.

(4) "Department" means the Department of Corrections established in 2-15-2301, MCA.

(5) "Eligible offender" means an offender who has been convicted of a fourth or subsequent offense of driving under the influence of alcohol or drugs or driving with excessive alcohol concentration and has been sentenced under 61-8-731, MCA. The term excludes persons convicted of a sexual or violent offense as defined in 46-23-502, MCA.

(6) "Facility" means the department-owned buildings and real property that comprise the former Eastmont human services campus.

(7) "Program" means the chemical dependency treatment program established in the former Eastmont human services center in Glendive, Montana.

(8) "Program participant" means an offender who is placed in the chemical dependency treatment program.

(2) The following individuals shall comprise the screening committee:

(a) a department employee appointed by the department;

(b) the program administrator or designee appointed by the contractor;

(c) a law enforcement officer appointed by both the Dawson county sheriff and the Glendive city police department;

(d) a member of the public who resides in the city of Glendive appointed by the Glendive city council; and

(e) a member of the public who resides within the Hillcrest or Georgetown subdivisions appointed by the Glendive city council.

(3) The department shall make applications available to eligible offenders. The screening committee shall review the applications, including the criminal records and other pertinent information, and:

(a) determine by majority vote of members present which applicants the program will accept;

(b) maintain the program at or near the program's capacity; and

(c) accept eligible offenders in the following order:

(i) first, female eligible offenders;

(ii) second, male eligible offenders from the following counties: Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Phillips, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Treasure, Valley, and Wibaux; and

(iii) third, male eligible offenders from Montana counties other than those listed in (3) (c) (ii) .

(4) The screening committee may only deny admission to an eligible offender who, in the committee's opinion, is inappropriate for the program, based on a conviction or criminal history that poses an undue risk to a community-based program. The committee shall state the reasons for the denial in writing.

(a) program participants may not enter or occupy for any purpose buildings three and four;

(b) program participants may enter and occupy only buildings one and two;

(c) building two may only be used for programming and recreation.  Participants may not enter building two between the hours of 10 p.m. and 7 a.m.;

(d) program participants' sleeping quarters in building one must be restricted to rooms whose windows face the interior courtyard or other fenced areas;

(e) program participants must be restricted from all outside areas except for the courtyard.  The contractor shall provide direct supervision whenever participants are in the courtyard; and

(f) participant, staff and visitor access to the facility must be limited to the outside corridor located near the current dining area in building one.

(2) The department shall complete or require the contractor to complete the following:

(a) enclose the corridor connecting buildings one and two;

(b) improve or install exit alarms on all doors and windows that do not face a fenced area and enhance security on all doors and windows that do not face the courtyard;

(c) fence the courtyard to provide heightened security from escape and reduce visual contact with the public; and

(d) fence the corridor near the current dining area and adjacent area to control movement and reduce visual contact with the public.

(3) Upon request, and in exchange for the benefit of the additional security created by a law enforcement presence, the department shall provide one office in the facility for the Dawson county sheriff's department and one office in the facility for the Glendive police department.  Law enforcement personnel staffing these offices shall act independently of the department and have no supervisory duties with respect to program participants.

(4) Eastmont facility map:

(a) program participants must wear clothing of an easily identifiable style and color, of which the contractor shall notify the public;

(b) the transport of program participants to the program may only be conducted by law enforcement or other supervised form of transportation approved by the department, including but not limited to the contractor, department staff, state or local law enforcement agencies or contracted transportation providers; and

(c) approved visitors may only visit program participants on Sundays unless otherwise approved by the department.  Approved visitors may only access the facilityvia transportation provided by the contractor from an approved central Glendive city location.

(2) In the event a program participant is unaccounted for within the facility and is alleged to have escaped from the facility, program staff shall immediately:

(a) notify appropriate law enforcement and corrections agencies;

(b) activate an alarm audible to residences in the Georgetown/Hillcrest areas; and

(c) notify all radio and television stations broadcasting in the area in order to alert the public.

(2) To document public support, the department shall conduct a survey of an unbiased representative sampling of the Glendive community and the Hillcrest and Georgetown subdivisions and a survey of the following public officials:

(a) members of the city and county governing bodies;

(b) the city and county attorney;

(c) the chief public defender, if there is one;

(d) the mayor;

(e) the local district court judge;

(f) state legislators for the area;

(g) the sheriff; and

(h) the chief of police.

(3) If the department documents public support for a proposed expansion or change in the purpose of the program as set forth in (2) , the department shall then conduct a public hearing in Glendive, Montana, in accordance with the Montana Administrative Procedure Act, 2-4-302 , MCA. In addition to the notice requirements set forth therein, the department shall publish notice of the hearing in a newspaper of general circulation within the city of Glendive and Dawson County reasonably in advance of the hearing.

As used in this subchapter, the following definitions apply:

(1) "ACA standards" means American Correctional Association standards for adult community residential services.

(2) "Aftercare" means the community-based portion of the methamphetamine treatment program to which an offender is committed after successful completion of the residential component of the program.

(3) "Contractor" means a private, nonprofit Montana corporation organized and incorporated in this state under the Montana Nonprofit Corporation Act, Title 35, chapter 2, MCA, with which the department enters a contract to operate a program.

(4) "Department" means the Department of Corrections established in 2-15-2301, MCA.

(5) "Facility" means a building or a part of a building that houses a residential portion of a methamphetamine treatment program.

(6) "Participant" or "program participant" means an offender approved by the department and local screening committee to participate in the methamphetamine treatment program.

(7) "Program" means only the residential portion of a methamphetamine treatment program established pursuant to HB 326 (Ch. 277), L. 2005 and does not include, for the purposes of this subchapter, the community-based prerelease center portion of the treatment.

(8) "Residential" means a minimum of six months housed in a facility providing an intensive therapeutic community model of treatment.

(1) The department may operate or select a contractor to operate a program in an existing correctional facility.

(2) The department may select a contractor to site a facility and operate a program if, after a public hearing conducted by the contractor, the applicable governing body of the community passes a resolution in support of the proposal.

(3) The facility must be sited near a civilian population center within at least:

(a) 30 minutes emergency response time of a hospital; and

(b) 30 minutes emergency response time of a fulltime or volunteer fire department.

(1) Any facility housing a program must have controlled access and other appropriate security measures to prevent unauthorized access to or from the facility.

(2) The facility and its operation must comply with all applicable federal, state and/or local building codes and fire safety codes.

(3) The physical plant shall constitute a pleasant, safe, and healthful environment. Participant housing areas must conform to applicable ACA standards, provide access for participants with qualifying disabilities, and provide for participant safety and security.

(4) If the facility houses both male and female participants, the facility design, construction, and operation must assure adequate separation of the sexes to provide for the safety of both.

(1) A contractor must submit written policies and procedures for initial review and approval by the department prior to opening a facility or program, and update and submit them for annual review by the department thereafter.

(2) The policies and procedures must address:

(a) accounting for participant trust funds in accordance with accepted accounting procedures;

(b) protection against the danger of fire and smoke, injury attributable to the environment, electrical hazards, and the spread of disease and infection. The contractor must maintain records of inspections by local, state and federal authorities having jurisdiction;

(c) maintenance of participant records to assure confidentiality of criminal justice and treatment information. The contractor will release confidential information only to the department and appropriate persons;

(d) disciplinary procedures for alleged rule infractions by participants consistent with the department's disciplinary policies;

(e) incarceration of participants who violate program rules or who await transportation to a higher level of custody;

(f) continued operation of the facility and program in the event of an employee work stoppage, disaster, or emergency. The disaster and emergency plans and procedures shall be posted at highly visible locations and explained to each new participant at orientation. The contractor shall hold drills at least quarterly to evaluate the effectiveness of the plans and procedures;

(g) participant escapes consistent with the department's escape policies. The contractor must notify the proper authorities in a timely fashion;

(h) preemployment background checks of staff. The contractor may not employ anyone with a felony conviction without express written authorization of the department. The contractor must staff the center to conform to applicable standards to protect staff and participants from harm;

(i) compliance with the Federal Prison Rape Elimination Act;

(j) selection, pay, and supervision of inmate workers assigned to the facility as approved by the department; and

(k) food services that provide participants with at least the minimum daily adult level of caloric intake and nutritional levels as recommended by the U.S. Department of Agriculture, subject to annual review and approval by a qualified nutritionist, dietician, or physician.

(1) The department shall recommend for admission to the program eligible offenders and other offenders committed to the custody of the department who the department deems will benefit from the treatment program and who are not otherwise disqualified by their institutional conduct or incapacity to complete treatment.

(2) A local screening committee, consisting of the following individuals, shall review the department's recommendation:

(a) one department employee;

(b) one person appointed by the contractor;

(c) a law enforcement officer appointed by both the sheriff of the county in which the center resides and the police department of the city if the center resides inside city limits; and

(d) a member of the public who resides in the city or county and appointed by the city council or county governing body depending on whether the center is located inside the city limits of a city.

(3) The screening committee shall have the final determination regarding the admission of any offender to the facility.

(4) Each committee member shall have one vote. In the case of a tie vote, the facility administrator will cast a vote to break the tie.

(5) If the committee rejects an offender, the committee must in writing state its reasons for the rejection. The committee may reject offenders for any of the following reasons:

(a) the offender presents an unacceptable level of risk to the safety of other offenders or staff;

(b) the offender presents an unacceptable level of risk to himself or herself;

(c) the offender presents an unacceptable escape risk; or

(d) the offender has needs beyond services the center can provide.

(6) The committee may rescreen an offender if additional relevant information is presented or after the offender has had a period of stabilization.

(7) Upon successful completion of the residential program and on the recommendation of a licensed clinical professional, the department may require an offender to complete community-based aftercare. At the discretion of the department, the department may place eligible offenders in a prerelease center to complete community-based aftercare or may identify an appropriate alternative placement.

This rule has been repealed.

(1) If the contractor and the department desire to increase the number of program participants over the number for which the department initially contracts, the department shall conduct a public hearing in the city or county in which the center is situated. The department shall conduct the hearing in conformity with Title 2, chapter 3, MCA.

(2) A resolution in support of the expansion by the applicable governing body of the community in which the facility is located must accompany any proposed expansion contemplated in (1).

(1) The Department of Corrections may biennially increase the department contract capacity by not more than 25 percent for a contracted treatment facility or program that was established through competitive bidding.

(2) The department may biennially increase the contract capacity of a contracted treatment facility or program by more than 25 percent but less than 50 percent for a treatment facility or program that was established through competitive bidding if:

(a) the department has determined, in writing, that the increase is in the best interest of the department;

(b) the increase does not change the nature of the contracted services provided in the facility or program; and

(c) the current contract has at least 12 months remaining, including renewals, before expiration.

(3) Before the department executes a contract amendment for an increase of more than 25 percent but less than 50 percent, the department must give notice to the public and to current treatment facility or program providers of its intent to expand the existing treatment facility or program.

(a) The department must publish the notice not less than 90 days in advance of the proposed expansion date.

(b) The notice must request potential contractors to notify the department, in writing, of their interest in providing the same services.

(c) The notice must request potential contractors to provide proof to the department that the potential contractor has the ability to provide the contracted services.

(d) Notice is considered accomplished under this subsection if the department publishes the notice on its web site and sends such notice to each existing department treatment facility or program provider.

(e) The department shall set a reasonable deadline for potential contractors to notify the department.

(f) If the department receives notification under this subsection from a valid potential contractor who is able to provide such services, the department may not proceed without opening up the expansion to competitive bidding for the expansion portion only.

(4) The department must engage in the competitive procurement process for the expansion portion in order to increase by more than 50 percent the contract capacity of a treatment facility or program that was established through the competitive procurement process or to increase the contract capacity of a treatment facility or program that was not established through competitive procurement.

(1) The offender must obtain prior approval from his/her supervising officer before taking up residence in any location. The offender shall not change his/her place of residence without first obtaining written permission from his/her supervising officer or the officer's designee. The offender must make the residence open and available to an officer for a home visit or for a search upon reasonable suspicion. The offender will not own dangerous or vicious animals and will not use any device that would hinder an officer from visiting or searching the residence.

(2) The offender must obtain permission from his/her supervising officer or the officer's designee before leaving his/her assigned district.

(3) The offender must seek and maintain employment or maintain a program approved by the Board of Pardons and Parole or the supervising officer. Unless otherwise directed by his/her supervising officer, the offender must inform his/her employer and any other person or entity, as determined by the supervising officer, of his/her status on probation, parole, or other community supervision.

(4) Unless otherwise directed, the offender must submit written monthly reports to his/her supervising officer on forms provided by the probation and parole bureau. The offender must personally contact his/her supervising officer or designee when directed by the officer.

(5) The offender is prohibited from using, owning, possessing, transferring, or controlling any firearm, ammunition (including black powder), weapon, or chemical agent such as oleoresin capsicum or pepper spray.

(6) The offender must obtain permission from his/her supervising officer before engaging in a business, purchasing real property, purchasing an automobile, or incurring a debt.

(7) Upon reasonable suspicion that the offender has violated the conditions of supervision, a probation and parole officer may search the person, vehicle, and residence of the offender, and the offender must submit to such search. A probation and parole officer may authorize a law enforcement agency to conduct a search, provided the probation and parole officer determines reasonable suspicion exists that the offender has violated the conditions of supervision.

(8) The offender must comply with all municipal, county, state, and federal laws and ordinances and shall conduct himself/herself as a good citizen. The offender is required, within 72 hours, to report any arrest or contact with law enforcement to his/her supervising officer or designee. The offender must be cooperative and truthful in all communications and dealings with any probation and parole officer and with any law enforcement agency.

(9) The offender is prohibited from using or possessing alcoholic beverages and illegal drugs. The offender is required to submit to bodily fluid testing for drugs or alcohol on a random or routine basis and without reasonable suspicion.

(10) The offender is prohibited from gambling.

(11) The offender shall pay all fines, fees, and restitution ordered by the sentencing court.

(12) The Montana Board of Pardons and Parole and the sentencing court have the authority to order the offender to abide by additional conditions and such conditions must be contained in the judgment or parole decision.

(1) The probation and parole officer is required to provide in writing to the offender all of the conditions of probation, parole, or other community supervision. The offender must agree to the conditions before he/she is eligible to be supervised on probation, parole, or other community supervision. Further, such written agreement will contain the following statement: "I do hereby waive extradition to the state of Montana from any state in the union and from any territory or country outside the continental United States or to the state of Montana. I understand that this probation or parole is granted to and accepted by me subject to the conditions, limitations, and restrictions stated herein and with the knowledge that the Montana Board of Pardons and Parole, or the sentencing court or the Montana Department of Corrections have the power at any time in case of violation of the conditions, limitations, and restrictions of my probation or parole, to cause my detention and return to incarceration at any institution so designated by the department. I have read or have had read to me the foregoing conditions of my probation and parole. I fully understand them and I agree to abide by and strictly follow them and fully understand the penalties involved should I in any manner violate the foregoing conditions, limitation, or restrictions."

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) A currently appointed probation and parole officer is authorized to carry and deploy a department-issued firearm in the performance of official duties as provided in the department's written Probation and Parole Bureau Standard Operating Procedures.

(2) Within the initial time parameters required under 44-4-404, MCA, a probation and parole officer shall successfully complete the department's POST-certified Basic Training Course for Probation and Parole Officers including the firearms training component and the firearms proficiency standards established for public safety officers by the Public Safety Officer Standards and Training Council (Council) under ARM 23.13.215. The firearms proficiency standards must be met by the probation and parole officer only for the particular firearm issued by the department to the probation and parole officer.

(3) The department's written Probation and Parole Bureau Standard Operating Procedures governing the carrying of firearms and use of force must cover the following topics:

(a) required firearms training courses and certification procedure;

(b) type(s) of department-issued firearms permitted to be carried by probation and parole officers;

(c) circumstances under which a probation and parole officer is permitted to carry a firearm or is prohibited from carrying a firearm;

(d) circumstances under which a probation and parole officer is authorized to use a firearm in the deployment of deadly force;

(e) control and storage of department-issued firearms;

(f) monitoring and documenting the use of a firearm by a probation and parole officer; and

(g) any specific procedures or requirements pertaining to a probation and parole officer carrying a concealed firearm.