Montana Administrative Register Notice 20-7-42 No. 15   08/13/2009    
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In the matter of the amendment of ARM 20.7.507 pertaining to siting, establishment, and expansion of prerelease centers







TO:  All Concerned Persons


            1.  On September 8, 2009, at 10:00 a.m., the Department of Corrections will hold a public hearing in Room 24 of the Department of Corrections Annex at 515 N. Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rule.


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 Department of Corrections no later than 5:00 p.m. on September 3, 2009, to advise us of the nature of the accommodation that you need.  Please contact Myrna Omholt-Mason, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-3911; fax (406) 444-4920; or e-mail momholt-mason@mt.gov.


3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


            20.7.507 PUBLIC INVOLVEMENT PROCESS  (1) through (3) remain the same.

            (4)  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, and 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.

            (5) remains the same.


            AUTH: 53-1-203, MCA

            IMP: 53-1-203, MCA


REASON:  The Department of Corrections is requesting modification to the current language as zoning regulations generally do not list prerelease center as "permitted uses".  Thus, even if a geographic area would be appropriate for a prerelease center with a variance or conditional use permit, the current language restricts that area from consideration, absent a change in zoning.

            These proposed changes would permit the working committee to select a geographic area capable of complying with zoning regulations through the processes set forth in the applicable zoning regulations, without requiring the city or county to amend their regulations.


            4.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Myrna Omholt-Mason, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-3911; fax (406) 444-4920; or e-mail momholt-mason@mt.gov, and must be received no later than 5:00 p.m., September 18, 2009.


5.  Valerie Wilson, Department of Corrections, has been designated to preside over and conduct this hearing.


6.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Myrna Omholt-Mason at the contact information listed in paragraph 2 or may be made by completing a request form at any rules hearing held by the department.


7.  An electronic copy of this Proposal Notice is available through the department's web site at www.cor.mt.gov.  The department strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register.  However, the department advises that it will decide any conflict between the official version and the electronic version in favor of the official printed version.  In addition, the department advises that the web site may be unavailable during some periods, due to system maintenance or technical problems.


8.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor was contacted by regular mail on July 29, 2009.



/s/  Valerie Wilson                             /s/  Mike Ferriter                               

Valerie Wilson                                   Mike Ferriter

Rule Reviewer                                   Director

                                                            Department of Corrections


Certified to the Secretary of State August 3, 2009.



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