Montana Code 53-30-315. Community corrections facilities and programs operated by nongovernmental agencies
53-30-315. Community corrections facilities and programs operated by nongovernmental agencies. (1) Except as provided in subsection (2), a nongovernmental agency may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321.
Terms Used In Montana Code 53-30-315
- Community corrections board: means a community corrections board as provided in 53-30-312. See Montana Code 53-30-303
- Community corrections facility or program: means a community-based or community-oriented facility or program, other than a jail, that:
(a)is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and
(b)provides programs and services to aid offenders in:
(i)obtaining and holding regular employment;
(ii)enrolling in and maintaining academic courses;
(iii)participating in vocational training programs;
(iv)utilizing the resources of the community to meet their personal and family needs;
(v)obtaining the benefits of specialized treatment services that exist within the community; and
(vi)paying restitution or performing community restitution to crime victims. See Montana Code 53-30-303
- Contract: A legal written agreement that becomes binding when signed.
- Nongovernmental agency: means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity. See Montana Code 53-30-303
- Offender: means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense. See Montana Code 53-30-303
- Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 53-30-303
- Unit of local government: means a county, city, town, or city-county consolidated government. See Montana Code 53-30-303
- Writing: includes printing. See Montana Code 1-1-203
(2)A nongovernmental agency may not establish a community corrections facility or program unless approved by the local community corrections board in a local government or tribal government that has established a community corrections board.
(3)A nongovernmental agency operating a community corrections facility or program may accept, reject, or reject after acceptance the placement of any offender in the facility or program pursuant to a contract or agreement with a unit of local government, a tribal government, or a judicial district. If an offender is rejected by the nongovernmental agency after initial acceptance and the offender is a court referral, the sheriff of the county in which the facility or program is located must take custody of the offender. The nongovernmental agency shall notify in writing the sentencing judge who, after considering the agency’s reasons for rejection, shall appropriately modify the sentencing order.