20.9.706    DETERMINATION OF CAPACITY AND ALTERNATE PLACEMENT

(1) Annually, the department will determine the capacity for each state youth correctional facility. Each year when the department has determined the facility capacities, it will notify all district courts, sheriffs, and youth courts in the state of the capacity of each facility.

(2) When the population of a youth correctional facility exceeds its established capacity, the department director may declare that the facility has exceeded its capacity and stop admissions to the facility. If the director stops admissions to the facility, the department will notify each district court, sheriff, and youth court that the facility will not accept admissions until the population of the facility is less than the established capacity.

(3) During any time the department stops admissions to a facility, the department will find alternative placements for youth whom the courts commit to the department. Before the department places a youth in an alternative placement, it will inform the court that committed the youth and seek approval for the alternative placement. The department may not make the alternative placement without approval of the committing court.

History: 52-5-102, 52-5-105, MCA; IMP, 41-5-355, 52-5-101, 52-5-102, MCA; NEW, 1999 MAR p. 214, Eff. 1/29/99; AMD, 2013 MAR p. 1337, Eff. 7/26/13.