20.7.512 DETERMINING A SPECIFIC GEOGRAPHIC AREA
(1) The committee must select a proposed area with specific identifiable boundaries that it deems suitable for a prerelease center. The proposed area the committee identifies must have access to:
(a) a law enforcement agency capable of emergency response within 15 minutes;
(b) 24-hour emergency medical and fire protection services;
(c) medical transportation services from a licensed ambulance service; and
(d) fire protection by a professional fire protection service capable of responding within reasonable time as determined by the state fire marshal or the authority having jurisdiction.
(2) The committee shall involve local organizations such as service groups and local government advisory boards to assist the committee to select a specific geographic area for the center.
(3) The specific geographic area within the city, town, or county which the committee chooses must be in compliance with all applicable laws, codes, ordinances and existing conditions, covenants, restrictions of record, zoning regulations, or be capable of coming into compliance with applicable zoning regulation through the use of a zoning change, variance, conditional use permit, PUD, or other process set forth in the governing zoning regulations.
(4) After the working committee has selected the proposed geographic area, the department shall contract with a professional consulting firm to conduct a comprehensive, statistically valid, and nonbiased survey to determine if the area has an appropriate level of support of local officials, the public who live within the geographic area, and the businesses that are located within the geographic area.
(a) To determine support of local officials, the consulting firm shall survey the following local officials:
(i) members of city, town, or county governing bodies;
(ii) city, town, or county attorney;
(iii) chief public defender, if there is one;
(iv) mayor of chief executive officer of city or town;
(v) local district judges;
(vi) local state legislators who represent any portion of the city, town, or county of the proposed geographic area;
(vii) sheriff; and
(viii) if there is one, the chief of police.
(b) To determine support of the public, the consulting firm shall survey a statistically valid random sampling of persons who live in the area and persons who own businesses within the geographic area.
(5) The working committee shall approve both surveys.
(6) An appropriate level of support is at least 51 percent of local officials and 60 percent of the public and business owners surveyed.
(7) If the geographic area the committee selects does not garner the appropriate amount of support in the survey, the committee may select another area and proceed with the process indicated in (1) through (5) of this rule.
(8) The department may not move forward and publish a request for proposals until the working committee has selected a specific geographic area and the department can show through the survey in (3) and (4) of this rule that the area has the support of local officials and the public.
History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 2011 MAR p. 2030, Eff. 9/23/11.