Montana Code Annotated 2023



Part 2. Department of Corrections

Department Of Corrections

53-1-202. Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.

(2) Adult corrections services consist of the following correctional facilities or programs:

(a) a state prison as defined in 53-30-101;

(b) appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:

(i) in prerelease centers;

(ii) under intensive supervision;

(iii) under parole or probation pursuant to Title 46, chapter 23, part 2; or

(iv) in other appropriate programs; and

(c) the Montana correctional enterprises prison industries training program authorized by 53-30-131.

(3) Youth correctional services consist of the following correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth and youth in need of intervention pursuant to Title 52, chapter 5:

(a) Pine Hills correctional facility or other correctional facility as defined in 41-5-103; and

(b) any other facility or program under contract with the department that provides custody and services for delinquent youth.

(4) A state institution or correctional facility may not be moved, discontinued, or abandoned without the consent of the legislature.

(5) (a) A legislator must be admitted into the following correctional facilities or programs at any time subject to any immediate safety or security needs of the correctional facility or program:

(i) a facility listed in 53-30-101;

(ii) a prerelease center operated by or under a contract with the department of corrections;

(iii) a facility or program listed in subsection (3); and

(iv) a facility contracting with the department of corrections pursuant to Title 53, chapter 30, part 3.

(b) A legislator seeking access to a correctional facility or program listed in subsection (5)(a) is subject to the routine security inspection procedures of the facility or program.

(c) A department of corrections contract with a correctional facility or program listed in subsection (2) or (3) must specify that the correctional facility or program shall grant access to a legislator pursuant to this subsection (5).

(d) If a legislator is denied entrance under subsection (5)(a), the facility or program must enumerate why access was denied and provide a reasonable estimate of when access will be granted.

History: En. Sec. 3, Ch. 199, L. 1965; amd. Sec. 1, Ch. 320, L. 1967; amd. Sec. 1, Ch. 280, L. 1969; amd. Sec. 40, Ch. 120, L. 1974; R.C.M. 1947, 80-1403; amd. Sec. 174, Ch. 575, L. 1981; amd. Sec. 1, Ch. 132, L. 1983; amd. Sec. 11, Ch. 361, L. 1983; amd. Sec. 10, Ch. 363, L. 1983; amd. Sec. 2, Ch. 151, L. 1985; amd. Sec. 10, Ch. 14, Sp. L. June 1986; amd. Sec. 70, Ch. 609, L. 1987; amd. Sec. 15, Ch. 683, L. 1989; amd. Sec. 5, Ch. 262, L. 1991; amd. Sec. 1, Ch. 305, L. 1991; amd. Sec. 8, Ch. 651, L. 1991; amd. Sec. 9, Ch. 579, L. 1993; amd. Sec. 1, Ch. 94, L. 1995; amd. Sec. 394, Ch. 546, L. 1995; amd. Sec. 3, Ch. 557, L. 1995; amd. Sec. 237, Ch. 42, L. 1997; amd. Sec. 21, Ch. 189, L. 1997; amd. Sec. 76, Ch. 550, L. 1997; amd. Sec. 14, Ch. 491, L. 1999; amd. Sec. 1, Ch. 165, L. 2001; amd. Sec. 2, Ch. 312, L. 2009; amd. Sec. 13, Ch. 384, L. 2017; amd. Sec. 2, Ch. 293, L. 2021; amd. Sec. 47, Ch. 339, L. 2021.