53-30-603. Private correctional facilities -- confinable persons. (1) An individual, corporation, partnership, association, or other private organization or entity may not construct a private correctional facility in this state unless authorized by the department.
(2) An individual, corporation, partnership, association, or other private organization or entity may not operate a private correctional facility in this state unless licensed by the department. A license is nontransferable.
(3) A person convicted in any state or U.S. federal court may be confined in a private correctional facility in this state pursuant to approval by the department of a written agreement between the originating jurisdiction and the private correctional facility if the person is at all times and in all places within the correctional facility kept physically separated from persons convicted in this state. The agreement must include provisions for returning an out-of-state inmate to the originating jurisdiction prior to the inmate's parole or release.
History: En. Sec. 3, Ch. 511, L. 1997; amd. Sec. 22, Ch. 491, L. 1999; amd. Sec. 1, Ch. 362, L. 2003.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Part 6. Private Correctional Facilities
53-30-603. Private correctional facilities -- confinable persons
53-30-604. Department duties and responsibilities -- rulemaking authority
53-30-605. Requirements of request for proposals
53-30-606. License -- inspection
53-30-607. Licensure limitations -- siting of private correctional facilities
53-30-608. Contracts with owners or operators of private correctional facilities
53-30-609. Contractor costs responsibility
53-30-610. Restrictions on inmate movements
53-30-611. Failure to comply with law -- action by department