Montana Code Annotated
Part 7. Restrictive Housing
53-30-725. Step-down programs -- release directly from restrictive housing

53-30-725. Step-down programs -- release directly from restrictive housing. (1) A facility shall establish step-down programs and offer them to an inmate who has been in restrictive housing for more than 30 days to facilitate reintegration of the inmate into the general population or the community. Step-down programs must, at a minimum, include the following:
(a) a prescreening evaluation;
(b) monthly evaluations using a multidisciplinary approach to determine the inmate's compliance with program requirements;
(c) subject to monthly evaluations, gradually increasing out-of-cell time, group interaction, education and programming opportunities, and privileges;
(d) a step-down transition compliance review; and
(e) a postscreening evaluation.
(2) (a) A facility shall attempt to ensure that an inmate is not released directly into the community after 30 days or more in restrictive housing.
(b) In the event that the release of an inmate directly from restrictive housing into the community is imminent, the facility shall document the justification and, unless the justification is an immediate court-ordered release, obtain approval from the department director or the director's designee.
(c) In addition to general release protocols, when an inmate is released directly into the community from more than 30 days of restrictive housing, at a minimum, the facility shall take the following steps, at a minimum, unless the justification is an immediate court-ordered release:
(i) development of a release plan tailored to the specific needs of the inmate;
(ii) notification of the inmate's release to state and local law enforcement;
(iii) notification to the inmate of applicable community resources; and
(iv) victim notification, if applicable.
History: En. Sec. 13, Ch. 482, L. 2019.

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