Montana Administrative Register Notice 20-7-68 No. 11   06/08/2018    
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In the matter of the amendment of ARM 20.7.901, 20.7.904, 20.7.907, 20.7.910, 20.7.913, and 20.7.919, and the repeal of ARM 20.7.916 pertaining to residential methamphetamine treatment programs











TO: All Concerned Persons


1. On July 11, 2018, at 10:00 a.m., the Department of Corrections will hold a public hearing in the Small Meeting Room of the Lewis and Clark County Library, 120 S. Last Chance Gulch in Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.


2. The Department of Corrections will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Corrections no later than 5:00 p.m. on July 3, 2018, to advise us of the nature of the accommodation that you need. Please contact Kim Morrison, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-3803; fax (406) 444-4551; or e-mail KMorrison@mt.gov.


3. GENERAL STATEMENT OF REASONABLE NECESSITY: The department is deleting 45-9-102, MCA, from the implementation citations for ARM 20.7.901, 20.7.904, 20.7.907, 20.7.910, 20.7.913, and 20.7.919 because the subsections of 45-9-102, MCA, that were implemented by the rules, were deleted from the statute by amendment in 2017 (HB 133). The department is adding 53-1-201, MCA, as an implementation citation for the above-referenced rules because 53-1-201(1), MCA, is directly on point and is implemented by these rules. Additional reasons for other proposed rule changes are set forth below.


4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:


20.7.901 DEFINITIONS As used in this subchapter, the following definitions apply:

(1) through (4) remain the same.

(5) "Eligible offender" means an offender who has been convicted and sentenced under 45-9-102(5)(a)(ii), MCA, for a second or subsequent offense of possession of methamphetamine.

(6) through (9) remain the same, but are renumbered (5) through (8). 


AUTH: 53-1-203, MCA

IMP: 45-9-102, 53-1-201, 53-1-203, MCA


REASON: The definition of the term “eligible offender” is being deleted from the rule because the term is defined as someone convicted and sentenced under a specific subsection of 45-9-102, MCA, that was deleted by amendment in 2017 (HB 133).


20.7.904 ESTABLISHMENT OF A METHAMPHETAMINE TREATMENT PROGRAM (1) through (3) remain the same.


AUTH: 53-1-203, MCA

IMP: 45-9-102, 53-1-201, 53-1-203, MCA


20.7.907 FACILITY REQUIREMENTS (1) through (4) remain the same.


AUTH: 53-1-203, MCA

IMP: 45-9-102, 53-1-201, 53-1-203, MCA


20.7.910 POLICIES AND PROCEDURES (1) and (2) remain the same.


AUTH: 53-1-203, MCA

IMP: 45-9-102, 53-1-201, 53-1-203, MCA


20.7.913  ADMISSION TO THE PROGRAM AND AFTERCARE (1) through (6) remain the same.

(7) Upon successful completion of the residential program as determined in the discretion of the department and on the recommendation of a licensed clinical professional, the department must place eligible offenders in one or more prerelease centers to complete the may require an offender to complete community-based aftercare.  portion of the treatment program. The department will exercise its At the discretion of the department, the department may to place other eligible offenders who have completed the residential program in a prerelease center to complete community-based aftercare or may identify an appropriate alternative placement.


AUTH:  53-1-203, MCA

IMP: 45-9-102, 53-1-201, 53-1-203, MCA


REASON: It is necessary and reasonable to eliminate the mandatory nature of the aftercare program for offenders following completion of a residential methamphetamine treatment program. As amended the rule will give the department discretion to require placement in a prerelease center for completion of an aftercare program or to make an appropriate alternative placement.

The department believes that in some circumstances, as when an individual has a strong family and community support system and an employment opportunity awaiting them in the community, placement in a prerelease center for aftercare may not be needed. For others, an alternative post-residential treatment placement might better serve their needs. The amendment will give the department greater flexibility to tailor programming to offenders’ particular risks and needs and to use resources wisely.

Time spent in aftercare near the end of an offender’s sentence can preclude that offender’s admission to a more appropriate treatment program on the grounds the program could not be completed within the time remaining on the sentence.


20.7.919 EXPANSION (1) and (2) remain the same.


AUTH: 53-1-203, MCA

IMP: 45-9-102, 53-1-201, 53-1-203, MCA


5. The department proposes to repeal the following rule:




AUTH: 53-1-203, MCA

IMP: 45-9-102, 53-1-203, MCA 


REASON: The department proposes to repeal ARM 20.7.916 because the rule implemented 45-9-102(5), MCA, which was repealed in 2017 by HB 133.  The rule is no longer needed. 


6. Concerned persons may submit their data, views, or arguments concerning the proposed actions either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Quality Assurance Office, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; fax (406) 444-4920; or e-mail KAughney2@mt.gov, and must be received no later than 5:00 p.m., July 18, 2018.


7. Lorraine Schneider, Department of Corrections, has been designated to preside over and conduct this hearing.


8. The department maintains a list of interested persons who have requested to receive notices of rulemaking actions proposed by the department. A person may request that their name be added to the interested persons list by submitting to the contact person shown in paragraph 6, the requesting person's name, mailing and e-mail addresses, and preferred method of receiving rulemaking notices. If receipt by email is preferred, also specify whether, in lieu of receiving the notice as an attachment, consent is given for the department to send electronic notification including a link to the proposal notice on the department's website or a description of the means of locating where the notice is available on the website.


9. The bill sponsor contact requirements of 2-4-302, MCA, apply. The sponsor was contacted by email and regular mail on March 26, 2018.


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.


/s/ Colleen E. Ambrose                              /s/ Reginald D. Michael    

Attorney                                                     Director

Rule Reviewer                                           Department of Corrections


Certified to the Secretary of State May 29, 2018.

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