§ 53-30-703 — General Requirements For Restrictive Housing -- Procedures

Montana § 53-30-703

• Jurisdiction: Montana
• Title 53: SOCIAL SERVICES AND INSTITUTIONS
• Ch. 30: CORRECTIONS
• Part 7: Restrictive Housing

Text

53-30-703 . General requirements for restrictive housing -- procedures. (1) An inmate may be housed in administrative segregation during an investigation of alleged violations.
(2) An inmate may be placed in disciplinary detention only after a finding of a rule violation at an impartial hearing and when there is not an adequate alternative disposition to regulate the inmate's behavior.
(3) An inmate's status in protective custody must be reviewed periodically by a classification committee or other designated group.
(4) Medical personnel must be part of a multidisciplinary team when an inmate who has chronic care or other significant medical accommodation needs participates in a step-down program.
(5) An inmate's placement in restrictive housing may not exceed 22 hours in a 24-hour period and is limited to circumstances that pose a direct threat to the safety of persons or a clear threat to the safe and secure operations of the facility. Placement may be made only after considering:
(a) the relationship between the threat the offender poses and the behaviors articulated in the schedule established pursuant to subsection (9);
(b) the impact that restrictive housing may have on the medical and mental health conditions exhibited by the inmate and possible alternatives that may be available to compensate for these conditions; and
(c) a description of alternatives to restrictive housing that may be available to safely address the threat posed by the inmate.
(6) Female inmates determined to be pregnant or postpartum may not be housed in restrictive housing unless exigent circumstances exist. If exigent circumstances exist, a female inmate who is pregnant or postpartum may be placed in restrictive housing for a time not to exceed 24 hours. Any extension for exigent circumstances must be approved by the administrator or the administrator's designee.
(7) A facility shall establish written operational procedures to govern restrictive housing and protective custody units for the supervision of inmates under administrative segregation, disciplinary detention, prehearing confinement, and protective custody. The operational procedures that govern restrictive housing and protective custody must incorporate American correctional association standards that do not conflict with the provisions of this part.
(8) The administrator, a shift supervisor, or a designee of either the administrator or a shift supervisor of an adult facility may order immediate segregation or placement in a restrictive housing unit when it is necessary to protect the inmate or others. The action must be reviewed within 24 hours by the appropriate supervisor.
(9) An adult facility shall maintain a sanctioning schedule for facility rule violations.
(10) The administrator or the administrator's designee shall review the confinement of an adult inmate that continues beyond 30 days. Continuous confinement of an adult inmate for more than 30 days requires the approval of the administrator or the administrator's designee.

Legislative History

En. Sec. 3, Ch. 482, L. 2019.