Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF CORRECTIONS

OF THE STATE OF MONTANA

In the matter of the adoption of NEW RULE I pertaining to facilities exempt from geographic restrictions applicable to high-risk sexual offenders

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

TO: All Concerned Persons

1. On May 4, 2018, at 2:00 p.m., the Department of Corrections will hold a public hearing in Small Meeting Room of the Lewis and Clark County Library, 120 S. Last Chance Gulch in Helena, Montana, to consider the proposed adoption of the above-stated rule.

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 the Department of Corrections no later than 5:00 p.m. on April 27, 2018, to advise us of the nature of the accommodation that you need. Please contact Kim Morrison, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-3803; fax (406) 444-4551; or e-mail KMorrison@mt.gov.

3. The department proposes to adopt the following rule:

NEW RULE I FACILITIES EXEMPT FROM GEOGRAPHIC RESTRICTIONS APPLICABLE TO HIGH-RISK SEXUAL OFFENDERS (1) The prisons, prison infirmaries, youth facilities, prerelease centers, substance use treatment facilities, and assessment and sanction centers at the following physical addresses, operated by the department or under contract to the department, were in operation before October 1, 2015. Offenders who are otherwise subject to the geographic restrictions in 45-5-513, MCA, are exempt from the geographic restrictions while incarcerated or in custody at the following addresses pursuant to court order, Board of Pardons and Parole order, or department placement:

(a) 400 Conley Lake Road, Deer Lodge, MT 59722;

(b) 701 South 27th Street, Billings, MT 59101;

(d) 3800 Ulm North Frontage Road, Great Falls, MT 59404;

(e) 440 Colorado Blvd., Glendive, MT 59330;

(f) 50 Crossroads Drive, Shelby, MT 59474;

(g) 2 Riverside Road, Boulder, MT 59632;

(h) 4 N. Haynes Ave., Miles City, MT 59301;

(i) 3109 1st Ave. North, Billings, MT 59101;

(j) 66 W. Broadway, Butte, MT 59701;

(k) 62 W. Broadway, Butte, MT 59701;

(l) 675 S. 16th Ave., Bozeman, MT 59715;

(m) 1019 15th Street North, Great Falls, MT 59401;

(n) 805 Colleen Street, Helena, MT 59601;

(o) 2350 Mullan Road, Missoula, MT 59808;

(p) 1001 South 27th St., Billings, MT 59101;

(q) 2340 Mullan Road, Missoula, MT 59808;

(r) 801 Highway 48, Anaconda, MT 59711;

(s) 111 West Broadway, Butte, MT 59701;

(t) 725 Orofino Way, Warm Springs, MT 59756;

(u) 1 Riverside Rd., Boulder, MT 59632;

(v) 111 Skyline Dr., Lewistown, MT 59457; and

(w) 700 Little Street, Glendive, MT 59330.

(2) Inclusion of a program or facility's address in this rule does not necessarily signify that high-risk sexual offenders are confined or treated at those locations or that they will be confined or treated at those locations in the future. The list serves as an inventory and management tool for the department to assist it in making appropriate placements of offenders while maintaining flexibility to use facilities to maximum efficiency within the parameters set by the legislature.

(3) No new or additional facility or program operated by the department or under contract to the department for the care, custody, and treatment of offenders under department jurisdiction has been constructed, designated, or commenced operations since October 1, 2015.

(4) If the department proposes to exempt offenders otherwise subject to the geographic restrictions in 45-5-513, MCA, while the offenders are in residence at a program or facility that commences operations at an address not listed in this rule after October 1, 2015, the department shall first conduct a public hearing in the community where the facility is located to receive oral or written public comments on the proposed exemption. Notice of the date, time, place, and purpose of the hearing shall be mailed to local and county governing bodies and law enforcement agencies not less than 20 days before the hearing. In addition, not less than 20 days before the hearing, the department shall cause notice of the hearing date, time, place, and purpose to be published in a newspaper of general circulation which serves the area where the program or facility will operate.

(5) The department also acknowledges that offenders under its supervision who are otherwise subject to the geographic restrictions in 45-5-513, MCA, may be housed at a facility operated by or under contract to the Department of Public Health and Human Services that was in operation prior to October 1, 2015.

AUTH: 45-5-513, MCA

IMP: 45-5-513, MCA

REASON: This proposed rule fulfills the rulemaking requirement imposed by the legislature under 45-5-513(4) and (5), MCA, relating to the placement of offenders in certain correctional facilities and residential treatment programs which, in the absence of the statutory exemption, might result in an offender being in violation of geographic restrictions on where high-risk sex offenders may reside. No new or additional prisons, programs, or facilities for offender care, custody, and treatment have been constructed, designated or commenced operations since October 1, 2015. The department opted to identify in this rule those prisons, programs, and facilities that were in operation before October 1, 2015, and under which offenders otherwise subject to 45-5-513, MCA, are exempt from the geographic restrictions while placed there by the department or pursuant to an order by a court or the Board of Pardons and Parole. By doing so, any new or additional prisons, programs, or facilities that are constructed, designated or which commence operations in the future will be readily identifiable by their absence from the lists of prisons, facilities, and program locations contained in this rule.

Offenders subject to 45-5-513, MCA, will not be eligible for placement in any new or additional prison, program, or facility constructed, designated or which commenced operations after October 1, 2015, unless the department first conducts a hearing, considers public comments, and makes an exemption decision under authority of 45-5-513(5), MCA.

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Quality Assurance Office, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; fax (406) 444-4920; or e-mail KAughney2@mt.gov, and must be received no later than 5:00 p.m., May 11, 2018.

5. Lorraine Schneider, Department of Corrections, has been designated to preside over and conduct this hearing.

6. The department maintains a list of interested persons who have requested to receive notices of rulemaking actions proposed by the department. A person may request that their name be added to the interested persons list by submitting to the contact person shown in paragraph 4, the requesting person's name, mailing and e-mail addresses, and preferred method of receiving rulemaking notices. If receipt by email is preferred, also specify whether, in lieu of receiving the notice as an attachment, consent is given for the department to send electronic notification including a link to the proposal notice on the department's website or a description of the means of locating where the notice is available on the website.

7. The bill sponsor contact requirements of 2-4-302, MCA, apply. The sponsor was contacted by email and regular mail on May 15, 2017.

8. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.

/s/ Colleen E. Ambrose /s/ Reginald D. Michael

Attorney Director

Rule Reviewer Department of Corrections

Certified to the Secretary of State April 3, 2018.