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20.9.626    OVER CAPACITY

(1) Each facility must have an over capacity plan which must be in accordance with the facility's policies and procedures, and must be approved by the facility director or program manager. The plan must provide for the following:

(a) the nature of the offense of the youth who will cause the facility to go over capacity, and the nature of the offense of the youth already in the facility;

(b) reasonable efforts must have been made to place youth at another facility;

(c) over capacity space must be predesignated in the facility policy, and must comply with ACA standards;

(d) the staff-to-youth ratio must be maintained; and

(e) the facility may not go over capacity if it will jeopardize the safety and security of the youth detained or the facility.

(2) The plan must be documented to the licensing agent.

History: 41-5-1802, MCA; IMP, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05.

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