Mont. Admin. R. 20.27.102 - SITE SELECTION OF PRIVATE CORRECTIONAL FACILITIES
(1) Private correctional facilities must be
sited pursuant to American Correctional Association standards.
(2) Private correctional facilities must be
sited near a civilian population center with at least the following services:
(a) within 30 minutes emergency response time
of a hospital;
(b) within 30
minutes emergency response time of a full-time or volunteer fire
department;
(c) within one hour
driving time of scheduled public or private transportation services that
provide regular travel to and from the area of the private correctional
facility; and
(d) within one hour
driving time of an airport and landing field:
(i) suitable for landing and take-off of
charter-type aircraft; and
(ii)
listed on the state system plan of airports as maintained by the Montana
Department of Transportation, Aeronautics Division.
(3) Proposed sites for private
correctional facilities must accommodate:
(a)
a secure facility;
(b) a facility
size, as determined by the department, with expansion capability;
(c) the custody levels and population needs
set forth in the request for proposal;
(d) the contour of the land, building design,
distance, or a vegetative buffer zone or terrain features that mitigate local
concern for the appearance of a prison in the area;
(e) necessary support services;
(f) utilities;
(g) secure access;
(h) unobstructed surveillance capabilities;
and
(i) safety of the
public.
(4) Access roads
to the site must be capable of supporting vehicular traffic during both the
construction and operational periods.
(5) Proposed sites for private correctional
facilities must follow all applicable state statutes, rules and regulations
including, but not limited to, site planning, environmental, construction, and
permitting statutes, rules and regulations.
(6) Proposed sites for private correctional
facilities must be located above a 100-year flood plain.
(7) Proposed sites for private correctional
facilities must be qualified for site development as a prison in conformance
with applicable local zoning ordinances.
(8) If a private correctional facility will
be connected to existing public utilities, or will be providing an acceptable
alternative, the facility shall:
(a) be
connected to both an approved waste water treatment system and an approved
water supply system;
(b) provide
proof that the existing water and sewer systems have the capability to handle
the increased usage; and
(c) be
approved by the appropriate state and local entities responsible for the
system.
Notes
53-30-604, MCA; IMP, 53-30-604, MCA;
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