20.27.104    OBTAINING PUBLIC SUPPORT FOR PROPOSED PRIVATE CORRECTIONAL FACILITY SITES

(1) Proposed sites for private correctional facilities must have community support. Proposers must obtain approval of the location of the private correctional facility from the local governing body or bodies.

(2) To gain public support and input into the siting process for private correctional facilities, proposers shall hold at least two public hearings in the county of the proposed site.

(a) If the nearest municipality to the proposed site is also the county seat, the public hearings shall be held in the municipality.

(b) If the nearest municipality to the proposed site is not the county seat, a hearing shall be held in the municipality, and a hearing shall be held in the county seat.

(3) If the proposed site is located within a municipality, the governing body of the municipality and the governing body of the county shall approve the location of the facility.

(4) If the proposed site is not located within a municipality, the county governing body shall approve the location of the facility.

(5) If the proposed site is located within seven and one-half air miles of an adjacent county, the proposers shall also hold a third public hearing in the municipality of the adjacent county that is located within closest proximity of the proposed site.

(6) Hearings must be held at a time convenient for the public to attend.

(7) The proposer shall provide adequate public notice of the hearings, which shall, at a minimum, meet the following criteria:

(a) if the proposed site is located in a rural area, the proposer shall publish notice of the public hearing in a local weekly newspaper as well as in the nearest daily newspaper;

(b) if the proposed site is located in or near a major municipality, the proposer shall publish notice of the hearing in at least one major newspaper of general circulation in the proposed site area;

(c) notices must be published at least seven days prior to the date and time of the hearing;

(d) notices must also be published on the date of hearing, if the newspaper is published on that date; and

(e) notices must include:

(i) the date, time, and place of public hearing; and

(ii) the name and phone number of the entity responsible for requesting the hearing.

(8) In addition to the public notices, the proposer shall also provide specific notice to:

(a) state legislators in the county of the proposed site and all counties immediately adjacent to the proposed site;

(b) county and municipal elected officials in the county of the proposed site;

(c) the hospital board or administrator in the nearest municipality of the proposed site;

(d) the district school board(s) or superintendent(s) in the nearest municipality of the proposed site;

(e) county governing boards and county elected officials in each county immediately adjacent to the county of the proposed site; and

(f) all municipal governing bodies of municipalities located within 50 air miles of the proposed site.

(9) The entity holding the public hearing shall make reasonable accommodations for persons with disabilities who wish to participate in the hearing(s).

(10) The entity holding the public hearing shall ensure minutes are taken during the hearing, and:

(a) a copy of the minutes be transcribed;

(b) a copy of any written information received from hearing participants must be attached to the minutes; and

(c) a copy of the names, addresses, and phone numbers of persons attending the hearing must be attached to the minutes.

(11) The governing body may conduct the public hearings required herein.

History: 53-30-604, MCA; IMP, 53-30-607, MCA; NEW, 1998 MAR p. 172, Eff. 1/16/98.