20.7.511    EXPANSION OF EXISTING CENTER

(1) The Department of Corrections may biennially increase the department contract capacity for a prerelease center by not more than 25 percent over the previous biennial contract capacity without engaging in the competitive procurement process.

(2) The department may biennially increase the contract capacity by more than 25 percent but less than 50 percent over the previous biennial contract capacity without engaging in the competitive procurement process if:

(a) the department has determined, in writing, that the increase is in the best interest of the department;

(b) the increase does not change the nature of the prerelease services; and

(c) the current contract has at least twelve months remaining, including renewals, before expiration.

(3) Before the department executes a contract amendment for an expansion of more than 25 percent but less than 50 percent, the department must give notice to the public and to current treatment facility or program providers of its intent to expand the existing prerelease contract capacity.

(a) The department must publish the notice not less than 90 days in advance of the proposed expansion date.

(b) The notice must request potential contractors to notify the department, in writing, of their interest in providing the same services.

(c) The notice must request potential contractors to provide proof to the department that the potential contractor has the ability to provide the contracted services.

(d) Notice is considered accomplished under this subsection if the department publishes the notice on its web site and sends such notice to each existing department prerelease facility or program provider.

(e) The department shall set a reasonable deadline for potential contractors to notify the department.

(f) If the department receives appropriate notification under this subsection, the department may not proceed without opening up the expansion to competitive bidding for the expansion portion only. 

(4) The department may not increase by more than 50 percent the department contract capacity for a prerelease program without engaging in the competitive bidding process for the expansion portion.

(5) For an expansion of the contract capacity of more than 25 percent, the department shall conduct a public hearing in the neighborhood in which the center is situated. The department shall conduct the hearing in conformity with Title 2, chapter 3, MCA.

(a) The department shall publish notice of the hearing in a newspaper of general circulation within the city, town, or county reasonably in advance of the hearing. The department shall also mail notice of the hearing to all interested persons who have expressed to the department an interest concerning department actions and have requested to be placed on the department's list of interested persons.

(b) The department shall allow interested persons the opportunity to submit data, views, or arguments orally or in writing prior to the hearing, at the hearing, and for a reasonable time after the hearing.

(c) The hearing must be held in an accessible facility in the neighborhood in which the center is situated.

(d) A prelease center expansion is subject to any existing conditions, covenants, restrictions of record, and zoning regulations.

(6) This rule does not apply to expansion of department contract capacity for a contract between the department and a local or tribal government for operation of a prerelease program established pursuant to the Community Corrections Act, 53-30-301, MCA et seq.

History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2011 MAR p. 2395, Eff. 9/23/11.