HOUSE BILL NO. 77

INTRODUCED BY J. HURDLE

A BILL FOR AN ACT ENTITLED: "AN ACT IMPOSING A MORATORIUM ON THE CONSTRUCTION OF NEW MAXIMUM SECURITY AND CLOSE-CUSTODY PRISON CELLS; PROVIDING THAT NEW PRISON CELL CONSTRUCTION MAY ONLY BE COMPLETED IF THE CELLS ARE TO BE USED FOR MINIMUM SECURITY INMATES; PROVIDING FOR THE CONTINUATION OF EXISTING CONSTRUCTION PROJECTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Moratorium on capital construction of certain prison facilities -- definitions -- exceptions. (1) When used in this section, the following definitions apply:

(a) "Close-custody prison cell" means a single-occupant or double-occupant prison cell that is designed to house inmates who have a history of violent crimes, exhibit conduct that requires frequent supervision by facility staff, and have restricted access to prison facilities.

(b) "Maximum security prison cell" means a single-occupant prison cell that is designed to house inmates who have a recent history of violent crimes, exhibit conduct that requires the direct supervision of staff, and have no unsupervised access to the prison facility.

(c) "Minimum security prison cell" means a dormitory-style room or cell that is designed to house two or more inmates who have little or no history of violent behavior and have unrestricted access to the prison facility.

(2) Except as provided in subsections (3) and (4), the department of corrections may not enter into a contract to construct maximum security or close-custody prison cells until October 1, 2001.

(3) The department may enter into a contract to construct minimum security prison cells.

(4) This section does not apply to contracts for regional correctional facilities or private correctional facilities under construction or to construction projects that are designed to repair or renovate existing Montana state prison or Montana women's prison maximum security or close-custody prison cells.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 53, chapter 1, part 2, and the provisions of Title 53, chapter 1, part 2, apply to [section 1].

NEW SECTION. Section 3. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 5. Termination. [This act] terminates October 1, 2001.

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