BEFORE THE DEPARTMENT OF CORRECTIONS

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 20.7.801, 20.7.810, and 20.7.813 pertaining to Eastmont Chemical Dependency Treatment Center

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On December 11, 2012, at 6:00 p.m., the Department of Corrections will hold a public hearing in Community Room of Dawson County Library, at Glendive, Montana, to consider the proposed amendment of the above-stated rules.

 

2.  The Department of Corrections will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Corrections no later than 12:00 p.m. on December 7, 2012, to advise us of the nature of the accommodation that you need. Please contact Rick Deady, Department of Corrections, 5 South Last Chance Gulch, Helena, Montana, 59620; telephone (406) 444-4902; fax (406) 444-7909; or e-mail rdeady@mt.gov.

 

3. GENERAL STATEMENT OF REASONABLE NECESSITY: The department has established two alcohol treatment programs for persons who have been convicted of felony driving under the influence (DUI) and been sentenced pursuant to 61-8-731, MCA; one in Glendive, Montana and the other in Warm Springs, Montana.  The department established the program in Warm Springs first; and it is limited to male offenders. The department established the program in Glendive after the Legislature transferred the former Eastmont Human Services campus to the department. The program in Glendive was established to serve primarily female offenders, but also serves male offenders from Eastern Montana. The substantive programs at the two facilities are identical, but the administrative rules 20.7.801 through 20.7.816 demand the Glendive facility treat offenders differently in some aspects; for instance, offenders in Warm Springs are not limited to one color of clothing, and sex and violent offenders are not automatically precluded from the program in Warm Springs. The department, with these amendments, seeks to erase the differences between the two facilities, especially since it seeks to eradicate any appearance of disparate treatment of females.

Accordingly, the department has determined that reasonable necessity exists to generally amend these rules at this time. Where a different or additional basis for a proposed amendment exists, the department will identify the reason immediately following that rule.

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            20.7.801  DEFINITIONS As used in this subchapter, the following definitions apply:

            (1) remains the same.

            (2) "Center" means the chemical dependency treatment center established in the former Eastmont hHuman sServices cCenter in Glendive, Montana.

            (3) and (4) remain the same.

            (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 hHuman sServices campus.

            (7) "Outdoor recreation area" means the fenced space between buildings one and two.

            (7)(8) "Program" means the chemical dependency treatment program established in the former Eastmont hHuman sServices cCenter in Glendive, Montana.

            (8) remains the same but renumbered (9).

 

AUTH: 53-1-203, MCA

IMP: 53-1-210, 61-8-731, MCA

 

            STATEMENT OF REASONABLE NECESSITY: For the reason enumerated in the general statement of reasonable necessity, the department has deleted the requirement that persons who are defined as sex or violent offenders are prohibited from participating in the alcohol treatment program that is the subject of these rules. The Warm Springs facility does not have a similar prohibition.

            The department proposes to add a definition for outdoor recreation area. The amendment is necessary to provide meaning to the proposed amendment of ARM 20.7.810 concerning the need to remove reference to the term "courtyard."

 

            27.7.810  REQUIREMENT AFFECTING USE OF FACILITY (1) thru (1)(c) remain the same.

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

            (e) program participants must be restricted from all outside areas except for the courtyard outdoor recreation area, and when escorted off-grounds by security staff. The contractor shall provide direct supervision whenever participants are in the courtyard recreation area; and

            (f) through (2)(a) remain the same.

            (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 recreation area.

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

            (d) through (4) remain the same.

 

AUTH: 53-1-203, MCA

IMP: 53-1-210, 61-8-731, MCA

 

            STATEMENT OF REASONABLE NECESSITY: The department proposes the amendment to (1)(e) to clarify the area that offenders may use for outdoor recreation. The map that is appended to the rule reflects only a small area between buildings one and two that is denominated the "courtyard." There is a larger area, however, that is fenced and that is utilized by offenders for outdoor recreation. The department had two options: change the map to have the map reflect the larger area as the "courtyard," or delete the word "courtyard" from these rules and replace it with a phrase that would signify the larger area. The department decided the more reasonable approach was to leave the map as demarcated and call the area that encompasses the courtyard the outdoor recreation area. The department deleted the reference in this rule to "courtyard."

            As to the addition of the phrase, "when escorted off-grounds by security staff," the department proposes to add the phrase because the facility must take offenders off-site for various reasons, such as medical appointments, and the current rule does not allow that. Also, the department would like to be able to have offenders in the chemical dependency program perform community service. The current rule does not allow that. The department elected to add the phrase to reflect that need. There was no other way to accomplish the desired purpose.

 

            20.7.813 REQUIREMENTS AFFECTING PROGRAM PARTICIPANTS AND VISITORS (1) remains the same.

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

            (b) remains the same but renumbered (a).

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

            (2) remains the same.

 

AUTH: 53-1-203, MCA

IMP: 53-1-210, 61-8-731, MCA

 

            STATEMENT OF REASONABLE NECESSITY: The amendments to this rule reflect two changes: one, to delete the requirement that program participants all wear one distinctive color and style of clothing; and, two, to delete the requirement that visitors be transported to the facility from an approved location. These are two restrictions offenders and visitors do not face at the WATCh program in Warm Springs, therefore, the department seeks to remove them.

 

            5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Rick Deady, Department of Corrections, 5 South Last Chance Gulch, Helena, MT 59620; telephone (406) 444-4902 fax (406) 444-7909 or e-mail rdeady@mt.gov, and must be received no later than 5:00 p.m., December 12, 2012.

 

6. Diana L. Koch, Department of Corrections, has been designated to preside over and conduct this hearing.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Myrna Omholt-Mason, Department of Corrections, 5 South Last chance Gulch, Helena, Montana, 59620; telephone (406) 444-3911, fax (406) 444-4920, or e-mail momholt-mason@mt.gov or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

9. The bill sponsor contact requirements of 2-4-302, MCA do not apply.

 

/s/ Diana L. Koch                            /s/ Mike Ferriter                               

Diana L. Koch                                  Mike Ferriter

Rule Reviewer                                 Director

                                                            Department of Corrections

           

Certified to the Secretary of State October 29, 2012.