20.4.101    FACILITIES EXEMPT FROM GEOGRAPHIC RESTRICTIONS APPLICABLE TO HIGH-RISK SEXUAL OFFENDERS

(1) The prisons, prison infirmaries, youth facilities, prerelease centers, substance use treatment facilities, and assessment and sanction centers at the following physical addresses, operated by the department or under contract to the department, were in operation before October 1, 2015. Offenders who are otherwise subject to the geographic restrictions in 45-5-513, MCA, are exempt from the geographic restrictions while incarcerated or in custody at the following addresses pursuant to court order, Board of Pardons and Parole order, or department placement:

(a) 400 Conley Lake Road, Deer Lodge, MT 59722;

(b) 701 South 27th Street, Billings, MT 59101;

(c) 800 Casino Creek Drive, Lewistown, MT 59457;

(d) 3800 Ulm North Frontage Road, Great Falls, MT 59404;

(e) 440 Colorado Blvd., Glendive, MT 59330;

(f) 50 Crossroads Drive, Shelby, MT 59474;

(g) 2 Riverside Road, Boulder, MT 59632;

(h) 4 N. Haynes Ave., Miles City, MT 59301;

(i) 3109 1st Ave. North, Billings, MT 59101;

(j) 66 W. Broadway, Butte, MT 59701;

(k) 62 W. Broadway, Butte, MT 59701;

(l) 675 S. 16th Ave., Bozeman, MT 59715;

(m) 1019 15th Street North, Great Falls, MT 59401;

(n) 805 Colleen Street, Helena, MT 59601;

(o) 2350 Mullan Road, Missoula, MT 59808;

(p) 1001 South 27th St., Billings, MT 59101;

(q) 2340 Mullan Road, Missoula, MT 59808;

(r) 801 Highway 48, Anaconda, MT 59711;

(s) 111 West Broadway, Butte, MT 59701;

(t) 725 Orofino Way, Warm Springs, MT 59756;

(u) 1 Riverside Rd., Boulder, MT 59632;

(v) 111 Skyline Dr., Lewistown, MT 59457; and

(w) 700 Little Street, Glendive, MT 59330.

(2) Inclusion of a program or facility's address in this rule does not necessarily signify that high-risk sexual offenders are confined or treated at those locations or that they will be confined or treated at those locations in the future. The list serves as an inventory and management tool for the department to assist it in making appropriate placements of offenders while maintaining flexibility to use facilities to maximum efficiency within the parameters set by the legislature.

(3) No new or additional facility or program operated by the department or under contract to the department for the care, custody, and treatment of offenders under department jurisdiction has been constructed, designated, or commenced operations since October 1, 2015.

(4) If the department proposes to exempt offenders otherwise subject to the geographic restrictions in 45-5-513, MCA, while the offenders are in residence at a program or facility that commences operations at an address not listed in this rule after October 1, 2015, the department shall first conduct a public hearing in the community where the facility is located to receive oral or written public comments on the proposed exemption. Notice of the date, time, place, and purpose of the hearing shall be mailed to local and county governing bodies and law enforcement agencies not less than 20 days before the hearing. In addition, not less than 20 days before the hearing, the department shall cause notice of the hearing date, time, place, and purpose to be published in a newspaper of general circulation which serves the area where the program or facility will operate.

(5) The department also acknowledges that offenders under its supervision who are otherwise subject to the geographic restrictions in 45-5-513, MCA, may be housed at a facility operated by or under contract to the Department of Public Health and Human Services that was in operation prior to October 1, 2015.

 

History: 45-5-513, MCA; IMP, 45-5-513, MCA; NEW, 2018 MAR p. 1724, Eff. 8/25/18.