BEFORE THE DEPARTMENT OF CORRECTIONS

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 20.7.1201, 20.7.1202, 20.7.1203, and 20.7.1204 pertaining to the Boot Camp Incarceration Program

) ) ) ) )

NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. The Department of Corrections proposes to repeal the above-stated rules.

 

2. The Department of Corrections will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Corrections no later than 5:00 p.m. on September 22, 2017, to advise us of the nature of the accommodation that you need. Please contact Kim Morrison, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-3803; fax (406) 444-4551; or e-mail [email protected].

 

3. The department proposes to repeal the following rules:

 

20.7.1201  SCREENING COMMITTEE

 

AUTH: 53-30-403, MCA

IMP: 53-30-403, MCA

 

20.7.1202 PROGRAM REQUIREMENTS AND REVIEW

 

AUTH: 53-30-403, MCA

IMP: 53-30-403, MCA

 

20.7.1203 TERMINATION FROM THE PROGRAM

 

AUTH: 53-30-403, MCA

IMP: 53-30-403, MCA

 

20.7.1204 CERTIFICATION BY THE DEPARTMENT THAT THE OFFENDER HAS SUCCESSFULLY COMPLETED THE PROGRAM

 

AUTH: 53-30-403, MCA

IMP: 53-30-403, MCA

 

REASON: HB 650 was passed by the 65th Legislative Assembly and was signed into law by the Governor on May 11, 2017. The bill eliminated the Boot Camp Incarceration Program by repealing 53-30-403, MCA which authorized and created the program. The repeal was effective on July 1, 2017. Because the Boot Camp Incarceration Program no longer exists, the administrative rules that implemented the program (ARM 20.7.1201 through 20.7.1204, inclusive) are no longer needed and are being repealed for that reason.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Quality Assurance Office, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; fax (406) 444-4920; or e-mail [email protected], and must be received no later than 5:00 p.m., October 6, 2017.

 

5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the contact person in paragraph 4 no later than 5:00 p.m., October 6, 2017.

 

6. If the agency receives requests for a public hearing on the proposed action from 25 persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  The department does not believe the proposed repeal of rules involves a matter of significant interest to the public because elimination of the Boot Camp Incarceration Program occurred as a result of legislative action and there was opportunity for hearing and public comment during the legislative process.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in paragraph 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Colleen E. Ambrose                  /s/ Reginald Michael                                 

Attorney                                         Director

Rule Reviewer                               Department of Corrections

 

Certified to the Secretary of State August 28, 2017.