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This is an obsolete version of the rule. Please click on the rule number to view the current version.

20.9.705    POLICIES AND PROCEDURES

(1) Each facility must have written policies and procedures governing length of stay, based upon department policy and approved by the department director which provide for:

(a) a means of determining length of stay so that youthful offenders with similar delinquency histories and similar offenses will receive similar lengths of stay;

(b) incentives for youthful offenders to maximize opportunities for positive change;

(c) consistent, fair, and objective criteria upon which to base parole release recommendations; and

(d) discretion in individual cases based on aggravating or mitigating factors which demonstrate the necessity of a longer or shorter length of stay.

(2) Each facility must require a youth to sign a youth parole agreement containing:

(a) a statement of the terms and conditions of the youthful offender's release, including a list of the acts that, if committed by the offender, could result in the offender's return to the facility;

(b) a statement that if the department or any person alleges any violation of the terms and conditions of the agreement, the youthful offender is entitled to a hearing as provided for in 52-5-129, MCA, before returning to the facility; and

(c) the youth's signature.

History: 52-5-102, MCA; IMP, 52-5-102, MCA; NEW, 1999 MAR p. 214, Eff. 1/29/99.

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