AN ACT PROVIDING FOR A DETENTION CENTER INSPECTION PROGRAM; REQUIRING DETENTION CENTERS AND HOLDING FACILITIES TO COMPLY WITH THE PROGRAM; PROVIDING THE BOARD OF CRIME CONTROL ADMINISTRATIVE AND RULEMAKING AUTHORITY; PROVIDING FOR DELAYED ENFORCEMENT AUTHORITY; AMENDING SECTIONS 7-32-2222, 7-32-2241, 44-4-301, 44-4-302, 50-1-202, 50-1-203, AND 50-2-118, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING EFFECTIVE DATES.

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

Section 1. Purpose. The purpose of [sections 1 through 4] is to provide the counties with guidance in order to operate detention centers and holding facilities that comply with minimum life, health, and safety standards and that uphold for inmates the constitutional rights that are guaranteed to all inmates. Operating at minimum standards is intended to reduce the counties' liability and safety concerns and therefore reduce insurance and indemnification costs. The intention of [sections 1 through 4] is to assist counties by providing guidance in policy and procedures and to encourage compliance with standards, not to be punitive in enforcement. Enforcement may include eventual closure of a detention center, but only after a county fails to make sufficient attempts at corrective action.

Section 2. Rulemaking authority. The board of crime control may adopt rules necessary to implement the provisions of [sections 1 through 4], including but not limited to rules on:

(1) detention center inspection regions;

(2) mandatory detention standards, including policies and procedures, for detention centers and holding facilities;

(3) detention center inspector training;

(4) the detention center and holding facility inspection process, including requiring inspection reports, corrective action plans, and followup inspections; and

(5) enforcement of mandatory detention center standards.

Section 3. Detention center inspection program -- duties and responsibilities -- inspector training. (1) There is a detention center inspection program.

(2) The duties and responsibilities of the board of crime control in the administration of the program include:

(a) adopting rules pursuant to [section 2];

(b) developing a curriculum to train persons to be qualified detention center inspectors;

(c) conducting the detention center and holding facility inspections, which may be contracted to a qualified entity;

(d) reviewing inspection reports from detention center and holding facility inspections;

(e) reviewing and approving action plans developed by a county to bring a detention center or a holding facility into compliance with adopted mandatory detention center standards; and

(f) enforcement as provided in [section 4].

(2) The board of crime control may accept grant funds to assist in the administration of the program.

(3) The board of crime control shall coordinate detention center and holding facility inspections with building, fire, safety, and public health inspections in order to reduce duplication and expense to local governments.

Section 4. Enforcement. (1) The board of crime control is responsible for the enforcement of the mandatory detention center standards and any action plans necessary to bring detention centers and holding facilities into compliance.

(2) The board of crime control shall offer a county a reasonable opportunity to take remedial action and shall give a county sufficient time within an action plan to address deficiencies, especially in the event that capital costs are required.

(3) The board of crime control is authorized to take the necessary legal steps to enforce the standards, including pursuing closure of a county detention center or holding facility. The board of crime control shall pursue closure of a detention center or a holding facility only after the county has failed to take remedial action.

Section 5. Section 7-32-2222, MCA, is amended to read:

"7-32-2222. Health and safety of inmates. (1) Each detention center and holding facility shall comply with state and local building and fire codes for correctional occupancy , with safety codes, with public health requirements including health codes, and with the detention center inspection program as provided in [sections 1 through 4].

(2) Designated exits must permit prompt evacuation of inmates and detention center staff in an emergency.

(3) When there is good reason to believe that the inmates may be injured or endangered, the detention center administrator shall remove them to a safe and convenient place and confine them there as long as necessary to avoid the danger.

(4) (a) If in the opinion of the detention center administrator an inmate under the administrator's jurisdiction requires medication, medical services, or hospitalization, the expense must be borne by the arresting agency when the arresting agency is not the county in which the inmate is confined, except as provided in 7-32-2245 or subsection (4)(b) .

(b) If a city or town commits a person to the detention center or holding facility of the county in which the city or town is located for a reason other than detention pending trial for or detention for service of a sentence for violating an ordinance of that city or town, the expense must be paid by the county, except as provided in 7-32-2245. If the department of corrections is the arresting agency and the inmate is a probation violator, the expense must be paid by the county in which the district court that retains jurisdiction over the inmate is located, except as provided in 7-32-2245.

(c) The county attorney shall initiate proceedings to collect from the inmate any charges arising from the medical services or hospitalization for the inmate involved in accordance with 7-32-2245."

Section 6. Section 7-32-2241, MCA, is amended to read:

"7-32-2241. Definitions. As used in this part, the following definitions apply:

(1) "Detention center" means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center.

(2) "Detention center administrator" means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a detention center or holding facility.

(3) "Detention center staff" means custodial personnel whose duties include ongoing supervision of the inmates in a detention center or holding facility.

(4) "Holding facility" means a facility for the temporary detention of an arrested person for up to 72 hours, excluding holidays, Saturdays, and Sundays. The period of time a person is held in temporary detention may not exceed 96 hours.

(5) "Inmate" means a person who is confined in a detention center or holding facility.

(6) "Local government" means a city, town, county, or consolidated city-county government.

(7) "Multijurisdictional detention center" means a detention center established and maintained by two or more local governments for the confinement of persons arrested or sentenced to confinement or a local government detention center contracting to confine persons arrested or sentenced in other local governments.

(8) "Private detention center" means a detention center owned by private industry and leased to or operated under a contract with a local government."

Section 7. Section 44-4-301, MCA, is amended to read:

"44-4-301. Functions. (1) As designated by the governor as the state planning agency under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the board of crime control shall perform the functions assigned to it under that act. The board shall also provide to criminal justice agencies technical assistance and supportive services that are approved by the board or assigned by the governor or legislature.

(2) The board may:

(a) establish minimum qualifying standards for employment of peace officers, as defined in 7-32-303, detention officers, detention center administrators, and public safety communications officers; and

(b) develop procedures for revoking or suspending the certification of peace officers, as defined in 7-32-303, detention officers, detention center administrators, and public safety communications officers.

(3) The board may require basic training for officers, establish minimum standards for equipment and procedures and for advanced inservice training for officers, establish minimum standards for the certification of public safety communications officers, establish minimum standards for the certification of motor carrier services division officers appointed under 61-12-201, and establish minimum standards for law enforcement and detention officer training schools administered by the state or any of its political subdivisions or agencies, to ensure the public health, welfare, and safety.

(4) The board may waive the minimum qualification standard provided in subsection (2) for good cause shown.

(5) The board shall establish minimum standards for training of probation and parole officers, pursuant to 46-23-1003.

(6) The board shall administer a detention center inspection program as provided in [sections 1 through 4]."

Section 8. Section 44-4-302, MCA, is amended to read:

"44-4-302. Definitions. As used in 44-4-301, [sections 1 through 4], and this section, the following definitions apply:

(1) "Detention center" means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to a detention center.

(2) "Detention center administrator" means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a detention center or holding facility.

(3) "Detention officer" means a person or a peace officer who has full-time or part-time authority and responsibility for maintaining custody of inmates and who performs tasks related to the operation of a detention center or holding facility.

(4) "Holding facility" means a facility for the temporary detention of an arrested person for up to 72 hours, excluding holidays, Saturdays, and Sundays. The period of time a person is held in temporary detention may not exceed 96 hours.

(5) "Public safety communications officer" means a person who receives requests for emergency services, as defined in 10-4-101, dispatches the appropriate emergency service units, and is certified under 7-31-203.

"

Section 9. Section 50-1-202, MCA, is amended to read:

"50-1-202. General powers and duties. The department shall:

(1) study conditions affecting the citizens of the state by making use of birth, death, and sickness records;

(2) make investigations, disseminate information, and make recommendations for control of diseases and improvement of public health to persons, groups, or the public;

(3) at the request of the governor, administer any federal health program for which responsibilities are delegated to states;

(4) inspect and work in conjunction with custodial institutions and Montana university system units periodically as necessary and at other times on request of the governor;

(5) after each inspection made under subsection (4), submit a written report on sanitary conditions to the governor and to the director of the department of corrections or the commissioner of higher education and include recommendations for improvement in conditions if necessary;

(6) advise state agencies on location, drainage, water supply, disposal of excreta, heating, plumbing, sewer systems, and ventilation of public buildings;

(7) develop and administer activities for the protection and improvement of dental health and supervise dentists employed by the state, local boards of health, or schools;

(8) develop, adopt, and administer rules setting standards for participation in and operation of programs to protect the health of mothers and children, which rules may include programs for nutrition, family planning services, improved pregnancy outcome, and those authorized by Title X of the federal Public Health Service Act and Title V of the federal Social Security Act;

(9) conduct health education programs;

(10) provide consultation to school and local community health nurses in the performance of their duties;

(11) consult with the superintendent of public instruction on health measures for schools;

(12) develop, adopt, and administer rules setting standards for a program to provide services to children with disabilities, including standards for:

(a) diagnosis;

(b) medical, surgical, and corrective treatment;

(c) aftercare and related services; and

(d) eligibility;

(13) provide consultation to local boards of health;

(14) bring actions in court for the enforcement of the health laws and defend actions brought against the board or department;

(15) accept and expend federal funds available for public health services;

(16) have the power to use personnel of local departments of health to assist in the administration of laws relating to public health;

(17) adopt rules imposing fees for the tests and services performed by the department's laboratory. Fees should reflect the actual costs of the tests or services provided. The department may not establish fees exceeding the costs incurred in performing tests and services. All fees must be deposited in the state special revenue fund for the use of the department in performing tests and services.

(18) adopt and enforce rules regarding the definition of communicable diseases and the reporting and control of communicable diseases;

(19) adopt and enforce rules regarding the transportation of dead human bodies;

(20) adopt and enforce rules and standards concerning the issuance of licenses to laboratories that conduct analysis of public water supply systems;

(21) adopt and enforce minimum sanitation requirements for tattooing as provided in 50-2-116, including regulation of premises, equipment, and methods of operation, solely oriented to the protection of public health and the prevention of communicable disease; and

(22) adopt rules and minimum public health standards for detention centers and holding facilities as defined in 44-4-302."

Section 10. Section 50-1-203, MCA, is amended to read:

"50-1-203. Public health inspections. (1) The department may make public health inspections of schoolhouses, churches, theaters, detention centers, holding facilities, and other buildings or facilities where persons assemble. If public health deficiencies are found in the facility, the department may direct that conditions be corrected within a reasonable time.

(2) Either the department or a local board of health may bring an action, including an action for injunctive relief, to correct the public health deficiencies."

Section 11. Section 50-2-118, MCA, is amended to read:

"50-2-118. Powers and duties of local health officers. (1) Local health officers or their authorized representatives shall:

(a) make inspections for sanitary conditions;

(b) as directed by the local board, issue written orders for the destruction and removal of filth that might cause disease;

(c) with written approval of the department, order buildings or facilities where people congregate closed during epidemics;

(d) on forms provided by the department, report communicable diseases to the department each week;

(e) before the first day of January, April, July, and October, give a report to the local board of sanitary conditions in the county, city, city-county, or district, together with a detailed account of the officer's activities, on forms and containing information required by the department;

(f) before the 10th day after the report is given to the local board, send a copy of the report required by subsection (1)(e) to the department;

(g) as prescribed by rules adopted by the department, establish and maintain quarantines;

(h) as prescribed by rules adopted by the department, supervise the disinfection of places at the expense of the local board when a period of quarantine ends;

(i) notify the department of the officer's appointment and changes in membership of the local board;

(j) file a complaint with the appropriate court if this chapter or rules adopted by the local board or state department under this chapter are violated;

(k) validate state licenses issued by the department in accordance with chapters 50 through 53 of this title;

(l) perform annual public health inspections of the sanitary conditions of detention centers and holding facilities prescribed by the department by rule for the purpose of coordinating inspections by multiple government agencies for the detention center inspection program as provided in [sections 1 through 4].

(2) With approval of the department, local health officers may forbid persons to assemble in a place if the assembly endangers public health.

(3) A local health officer who is a physician may be placed in charge of a communicable disease hospital, but a local health officer who is a physician is not required to act as a physician to the indigent.

(4) A local health officer who is not a physician may not act as a physician to anyone."

Section 12. Contingent voidness. [This act] is void if an appropriation of at least $200,000 is not included in House Bill No. 2 to cover the costs associated with [this act].

Section 13. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 44, chapter 4, and the provisions of Title 44, chapter 4, apply to [sections 1 through 4].

Section 14. Effective dates. (1) [Sections 1 through 3, 5 through 13, and this section] are effective on passage and approval.

(2) [Section 4] is effective October 1, 2003.

- END -

I hereby certify that the within bill,

HB 0185, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 185

INTRODUCED BY R. MENAHAN

BY REQUEST OF THE CORRECTIONAL STANDARDS AND OVERSIGHT COMMITTEE

AN ACT PROVIDING FOR A DETENTION CENTER INSPECTION PROGRAM; REQUIRING DETENTION CENTERS AND HOLDING FACILITIES TO COMPLY WITH THE PROGRAM; PROVIDING THE BOARD OF CRIME CONTROL ADMINISTRATIVE AND RULEMAKING AUTHORITY; PROVIDING FOR DELAYED ENFORCEMENT AUTHORITY; AMENDING SECTIONS 7-32-2222, 7-32-2241, 44-4-301, 44-4-302, 50-1-202, 50-1-203, AND 50-2-118, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING EFFECTIVE DATES.