Administrative Rules of Montana
Department 20 - CORRECTIONS
Chapter 20.7 - COMMUNITY CORRECTIONS DIVISION
Subchapter 20.7.5 - Siting, Establishment, and Expansion of Prerelease Centers
Rule 20.7.512 - DETERMINING A SPECIFIC GEOGRAPHIC AREA
Current through Register Vol. 6, March 22, 2024
(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:
(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.
(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.
53-1-203, MCA; IMP, 53-1-203, MCA;