House Bill No. 600

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act directing the department of corrections to prepare and distribute requests for proposals for the privatization of the management of the main functions of the Montana state prison at Deer Lodge and for the development of a boot camp incarceration program; including a boot camp incarceration program as a community corrections facility or program; amending section

53-30-321 MCA; and providing an immediate effective date."



Be it enacted by the Legislature of the State of Montana:



NEW SECTION. Section 1.  Montana state prison -- privatization -- request for proposals. (1) The department of corrections shall prepare and distribute a request for proposals (RFP) to privatize the management of the main functions of the Montana state prison at Deer Lodge. The functions do not include the management of the prison ranch.

(2) By August 1, 1997, the department shall prepare and distribute the draft RFP to potential responders, interested members of the public, and the legislative audit committee. The draft RFP must include a request for information that complies with 2-8-303. The legislative audit committee shall review the draft RFP for compliance with the requirements of 2-8-303 and may provide comments to the department. The department shall hold a public hearing to receive comments on the draft RFP from persons or groups interested in or impacted by the potential privatization. Notice of the hearing must be published in a newspaper of general circulation in the Deer Lodge area and must be placed on the state bulletin board.

(3) The department shall consider fully all written and oral comments regarding the draft RFP. The department shall issue a concise statement of the principal reasons for and against its incorporating or rejecting the comments received.

(4) By February 1, 1998, the department shall finalize and distribute the RFP to all parties who request the final RFP. Responses to the RFP are due by March 15, 1998. By April 1, 1998, the department shall summarize the RFP responses and forward the summary and supporting documentation to all responders and the legislative audit committee. The summary must include the preliminary executive branch recommendation concerning the cost-effectiveness and feasibility of privatization of the management of the Montana state prison at Deer Lodge. The summary must contain the information required by 2-8-303.

(5) By June 1, 1998, the legislative audit committee shall hold a public hearing on the executive branch recommendation as provided in 2-8-302. By August 1, 1998, the committee shall release the summary relating to the proposed privatization plan as provided in 2-8-302.

(6) If the privatization of the management of the Montana state prison is cost-effective and feasible, the department shall include the privatization in the executive budget submitted to the 56th legislature.



NEW SECTION. Section 2.  Swan River facility -- request for proposals. (1) The department of corrections shall prepare and distribute a request for proposals (RFP) to develop and implement a boot camp incarceration program for young adult offenders and juvenile offenders transferred to the district court. The RFP must provide for the use of the Swan River property currently used by the department and must include a boot camp incarceration program, an aftercare program, and an intensive supervision program.

(2) By August 1, 1997, the department shall prepare and distribute the draft RFP to potential responders, interested members of the public, and the legislative audit committee. The draft RFP must include a request for information that complies with 2-8-303. The legislative audit committee shall review the draft RFP for compliance with the requirements of 2-8-303 and may provide comments to the department. The department shall hold a public hearing to receive comments on the draft RFP from persons or groups interested in or impacted by the potential privatization. Notice of the hearing must be published in a newspaper of general circulation in the Swan River area and must be placed on the state bulletin board.

(3) The department shall consider fully all written and oral comments regarding the draft RFP. The department shall issue a concise statement of the principal reasons for and against its incorporating or rejecting the comments received.

(4) By February 1, 1998, the department shall finalize and distribute the RFP to all parties who request the final RFP. Responses to the RFP are due by March 15, 1998. By April 1, 1998, the department shall summarize the RFP responses and forward the summary and supporting documentation to all responders and the legislative audit committee. The summary must include the preliminary executive branch recommendation concerning the cost-effectiveness and feasibility of establishing a boot camp incarceration program at the Swan River facility. The summary must contain the information required by 2-8-303.

(5) By June 1, 1998, the legislative audit committee shall hold a public hearing on the executive branch recommendation as provided in 2-8-302. By August 1, 1998, the committee shall release the summary relating to the proposed boot camp incarceration program as provided in 2-8-302.

(6) If the establishment of the boot camp incarceration program is cost-effective and feasible, the department shall include the proposal in the executive budget submitted to the 56th legislature.



Section 3.  Section 53-30-321, MCA, is amended to read:

"53-30-321.   Authority of judge to utilize community corrections facilities or programs -- procedure -- restrictions. (1) Subject to the restrictions contained in subsection (3), a judge may order placement of a nonviolent felony offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency. If a judge orders placement of an offender in a community corrections facility or program, the judge shall indicate in the sentencing order that the offender would have been sentenced to prison if the community corrections facility or program had not been available.

(2)  Placement of an offender in a community corrections facility or program may be ordered only if:

(a)  the community corrections facility or program is operated by a unit of local government, a tribal government, or a nongovernmental agency that has entered into a contract or agreement with the department to provide community corrections services for offenders; and

(b)  funding for the placement is available.

(3)  A judge may not order placement of an offender in a residential community corrections facility or program for a period exceeding 1 year. After completing the residential community corrections portion of his the offender's sentence, an offender shall serve the remainder of his the sentence under normal probation supervision, if applicable.

(4)  An offender is not eligible for parole while serving a sentence in a community corrections facility or program.

(5)  The probation and parole officers for the judicial district shall include in their presentence report to the sentencing judge recommendations for utilization of a community correctional corrections facility or program that has been approved for use by the judicial district.

(6) For purposes of this part, a boot camp incarceration program is considered a community corrections facility or program."



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

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