BEFORE THE DEPARTMENT OF CORRECTIONS

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 20.9.302, 20.9.306, 20.9.308, 20.9.311, 20.9.315, and 20.9.320 pertaining to youth who have been paroled from youth correctional facilities

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

1.  On May 26, 2011 the Department of Corrections published MAR Notice No. 20-9-47 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 808 of the 2011 Montana Administrative Register, Issue Number 10.  On July 28, 2011, the department published an amended notice and extension of comment period on the above-stated rules at page 1345 of the Montana Administrative Register, Issue Number 14.

 

2.  On June 28, 2011 the department held a public hearing on the proposed amendment.  The department received comments from the Legislative Services Division.

 

3.  The department has amended ARM 20.9.302, 20.9.306, 20.9.308, 20.9.311, and 20.9.315 as proposed.

 

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

 

COMMENT #1:  The first comment from the Legislative Services Division staff noted that Mont. Code Ann. § 52-5-129(7) requires that on appeal from the department to a district court, a youth must be provided with a written transcript of a hearing upon request.  The proposed amendment of ARM 20.9.311 does not distinguish between an appeal from a hearings officer to the department as opposed to an appeal from the department to the district court.  The amendments appear to exempt the department from providing a written transcript across the board.

 

RESPONSE #1:  The department agrees and has made the suggested changes to ARM 20.9.311 in an amended notice at page 1345 of the Montana Administrative Register, Issue Number 14.

 

COMMENT #2:  The second comment from the Legislative Services Division staff noted that in ARM 20.9.320 "office" should be changed to "officer" and the word "arrest" should be changed to "detention" to reflect the change in usage.

 

RESPONSE #2:  The department agrees with the suggested changes to ARM 20.9.320.

 

            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:

 

            20.9.320  FAILURE TO APPEAR FOR HEARING  (1)  If a youth released pending hearing fails to appear for the hearing, the parole officer shall issue a certificate to detain the youth.  The department shall schedule and hold a hearing within 72 hours of the youth's arrest detention.

 

AUTH:  52-5-102, 52-5-129, MCA

IMP:  52-5-102, 52-5-126, 52-5-127, 52-5-128, 52-5-129, MCA

 

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

Diana L. Koch                      Mike Ferriter, Director

Rule Reviewer                     Department of Corrections

           

Certified to the Secretary of State August 29, 2011