1. (1) Private correctional facilities must be sited pursuant to American Correctional Association standards.

2. (2) Private correctional facilities must be sited near a civilian population center with at least the following services:

   1. (a) within 30 minutes emergency response time of a hospital;
   2. (b) within 30 minutes emergency response time of a full-time or volunteer fire department;
   3. (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

   4. (d) within one hour driving time of an airport and landing field:

      1. (i) suitable for landing and take-off of charter-type aircraft; and
      2. (ii) listed on the state system plan of airports as maintained by the Montana Department of Transportation, Aeronautics Division.

3. (3) Proposed sites for private correctional facilities must accommodate:

   1. (a) a secure facility;
   2. (b) a facility size, as determined by the department, with expansion capability;
   3. (c) the custody levels and population needs set forth in the request for proposal;
   4. (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;
   5. (e) necessary support services;
   6. (f) utilities;
   7. (g) secure access;
   8. (h) unobstructed surveillance capabilities; and
   9. (i) safety of the public.
4. (4) Access roads to the site must be capable of supporting vehicular traffic during both the construction and operational periods.
5. (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. (6) Proposed sites for private correctional facilities must be located above a 100-year flood plain.
7. (7) Proposed sites for private correctional facilities must be qualified for site development as a prison in conformance with applicable local zoning ordinances.

8. (8) If a private correctional facility will be connected to existing public utilities, or will be providing an acceptable alternative, the facility shall:

   1. (a) be connected to both an approved waste water treatment system and an approved water supply system;
   2. (b) provide proof that the existing water and sewer systems have the capability to handle the increased usage; and
   3. (c) be approved by the appropriate state and local entities responsible for the system.

Authorizing statute(s): 53-30-604, MCA

Implementing statute(s): 53-30-604, MCA

History: NEW, 1998 MAR p. 172, Eff. 1/16/98; AMD, 2005 MAR p. 1393, Eff. 7/29/05.