BEFORE THE Department of CORRECTIONS

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 20.7.506, 20.7.507, 20.7.510, 20.7.511, adoption of New Rule I and repeal of 20.7.508 pertaining to siting, establishment, and expansion of prerelease centers

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NOTICE OF AMENDMENT, ADOPTION, AND REPEAL

 

TO:  All Concerned Persons

 

1.  On July 28, 2011, the Department of Corrections published MAR Notice No. 20-7-49 pertaining to the public hearing on the proposed amendment, adoption, and repeal of the above-stated rules at page 1339 of the 2011 Montana Administrative Register, Issue Number 14.

 

2.  On August 19, 2011, the department held a public hearing on the proposed amendment, adoption, and repeal of the above-stated rules.

 

3.  The department has amended ARM 20.7.506, 20.7.507, and 20.7.510 as proposed.

 

4.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  Four persons commented that if the department must engage in the competitive bidding process, ARM 20.7.511 is unclear whether the competitive process pertains to the full contract capacity or just to the increase.

 

RESPONSE #1:  The comment is well taken.  The department will amend ARM 20.7.511 to reflect that the competitive bidding process, if it is necessary, will only pertain to the increase, not to the entire contract.

 

COMMENT #2:  Two persons commented that ARM 20.7.511 seemingly does not allow expansions over 50 percent.

 

RESPONSE #2:  The comment is well taken.  That was not the department's intent.  The department has amended ARM 20.7.511 to reflect that expansions over 50% may occur, but the department must engage in the competitive procurement process to effectuate an expansion over 50 percent.

 

COMMENT #3:  One person commented that he believed the reorganization of the siting rules was valuable.

 

RESPONSE #3:  The department thanked the person for this comment.

COMMENT #4:  One person commented that a community corrections facility established pursuant to the Community Corrections Act, 53-30-301, et. seq., should have more flexibility under these rules because of the nature of the facility as established by a local or tribal government and not the department.

 

RESPONSE #4:  The comment is well taken.  The department has added section (6) to ARM 20.7.511 to account for the difference between department-established prereleases and community or tribal-established community corrections facilities.  The department will exempt community corrections facilities from the rules for expansion.

 

            5.  The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            20.7.511  EXPANSION OF EXISTING CENTER  (1)  The Department of Corrections may biennially increase the department contract capacity for a prerelease center by not more than 25 percent over the previous biennial contract capacity without engaging in the competitive procurement process.

            (2)  The department may biennially increase the contract capacity by more than 25 percent but less than 50 percent over the previous biennial contract capacity without engaging in the competitive procurement process if:

            (a) and (b) remain as proposed.

            (c)  the current contract has at least twenty-four twelve months remaining, including renewals, before expiration.

            (3)  Before the department executes a contract amendment for an expansion of more than 25 percent but less than 50 percent, the department must give notice to the public and to current treatment facility or program providers of its intent to expand the existing treatment facility or program prerelease contract capacity.

            (a) through (c) remain as proposed.

            (d)  Notice is considered accomplished under this subsection if the department publishes the notice on its web site and sends such notice to each existing department treatment prerelease facility or program provider.

            (e) remains as proposed.

            (f)  If the department receives appropriate notification under this subsection, the department may not proceed without opening up the expansion to competitive bidding for the expansion portion only.

            (4)  The department may not increase by more than 50 percent the department contract capacity for a prerelease program without engaging in the competitive bidding process for the expansion portion.

            (5) remains as proposed.

            (6)  This rule does not apply to expansion of department contract capacity for a contract between the department and a local or tribal government for operation of a prerelease program established pursuant to the Community Corrections Act, 53-30-301, MCA et. seq.

 

AUTH:  53-1-203, MCA

IMP:  53-1-203, MCA

 

6.  The department has adopted New Rule I (20.7.512) as proposed.

 

7.  The department repealed ARM 20.7.508 as proposed.

 

/s/  Diana L. Koch                 /s/  Mike Ferriter                               

Diana L. Koch                       Mike Ferriter, Director

Rule Reviewer                       Department of Corrections

           

Certified to the Secretary of State September 12, 2011.