52-5-101. Establishment of correctional facilities -- prohibitions -- definition. (1) The department of corrections, within the annual or biennial budgetary appropriation, may establish, maintain, and operate correctional facilities to provide custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth in need of these services who are at least 10 years of age and less than 18 years of age.
(2) A youth alleged or found to be a youth in need of intervention may not be placed in a correctional facility.
(3) When a correctional facility previously used as a secure residential facility for youth is repurposed by the department to provide for the custody, treatment, training, and rehabilitation of other correctional populations, serving the needs of youth populations must have priority if youth population increases sufficiently to justify the department reverting to the previous use of the facility.
History: En. Sec. 8, Ch. 320, L. 1967; amd. Sec. 44, Ch. 120, L. 1974; amd. Sec. 44, Ch. 37, L. 1977; R.C.M. 1947, 80-1410; amd. Sec. 1, Ch. 381, L. 1985; amd. Sec. 3, Ch. 737, L. 1985; amd. Sec. 2, Ch. 11, Sp. L. June 1986; amd. Sec. 102, Ch. 609, L. 1987; amd. Sec. 1, Ch. 212, L. 1989; Sec. 53-30-202, MCA 1989; redes. 52-5-101 by Code Commissioner, 1991; amd. Sec. 6, Ch. 548, L. 1991; amd. Sec. 371, Ch. 546, L. 1995; amd. Sec. 231, Ch. 42, L. 1997; amd. Sec. 13, Ch. 189, L. 1997; amd. Sec. 59, Ch. 550, L. 1997; amd. Sec. 30, Ch. 339, L. 2021.
Structure Montana Code Annotated
52-5-101. Establishment of correctional facilities -- prohibitions -- definition
52-5-102. Control and management of youth correctional facilities
52-5-103. Cooperative agreements for services with governing body of Indian tribe
52-5-105. Superintendents to manage facilities
52-5-106. Curricula at facilities
52-5-107. Maximum age of commitment
52-5-108. Medical examination before admission -- records required to accompany youth committed
52-5-109. Transportation costs -- arrangement for transportation
52-5-110. Transfer of child to other facility or institution
52-5-112. University aid to residents of schools
52-5-114. Penalty for aiding resident in leaving or not returning to correctional facility
52-5-115. through 52-5-119 reserved
52-5-120. Youth industries programs
52-5-121. Rulemaking authority
52-5-122. through 52-5-124 reserved
52-5-126. Conditional release agreement
52-5-127. Control over youth placed on conditional release
52-5-128. Detention of youth who violates conditional release or escapes from facility or program