Montana Code 53-24-311. Recovery residence requirements
53-24-311. Recovery residence requirements. (1) A recovery residence shall register with the department of public health and human services.
Terms Used In Montana Code 53-24-311
- Oversight: Committee review of the activities of a Federal agency or program.
- Property: means real and personal property. See Montana Code 1-1-205
- Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A recovery residence may seek certification from a certifying organization.
(3)A recovery residence must have policies and protocols for the following:
(a)administrative oversight;
(b)quality standards, including if the recovery residence limits or prohibits the use of narcotic medication;
(c)its residents;
(d)emergencies, including fire, natural disasters, and health emergencies, including overdose; and
(e)eviction of a resident, including the return of the resident’s personal effects and property.
(4)A recovery residence must meet state and municipal requirements that apply to a residence’s dwelling size and occupancy, including but not limited to safety requirements, building codes, zoning regulations, and local ordinance requirements.
(5)A recovery residence shall keep opioid-overdose drugs on site in an easily accessible place and train staff and residents on the use of opioid-overdose drugs.
(6)Minor children of residents may reside with their parent in a certified recovery residence if allowed in the residence’s policies and protocols and if the residence maintains an environment consistent with the welfare of minor residents.
(7)The recovery residence may not limit a resident’s duration of stay to an arbitrary or fixed amount of time unless all transition and completion dates are agreed on by both parties at the time of admission. Each resident’s duration of stay is determined by the resident’s needs, progress, and willingness to abide by the recovery residence’s protocols in collaboration with the recovery residence’s owner and operator and, if appropriate, in consultation with a qualified health care provider.
(8)The recovery residence may permit residents to receive medication-assisted treatment.
(9)(a) Each recovery residence shall provide an annual compliance report to the certifying organization, including a description of any programming and services designed to reduce recidivism and facilitate rehabilitation among residents during the year covered by the report and the number of residents for whom such services were provided.
(b)The certifying organization shall provide an annual compliance report, including a description of any programming and services designed to reduce recidivism and facilitate rehabilitation among residents during the year covered by the report and the number of residents for whom such services were provided, in accordance with 5-11-210, to the criminal justice oversight council.