Pribnow to Patrick/Establishment of Kalispell as Site for Pre-release centerBRIAN SCHWEITZER, GOVERNOR 1539111" AVENUE
STATE OF MONTANA
(406) 444-3930 PO BOX 201301
FAX (406) 444-4920 HELENA, MONTANA 59620-1301
November 16, 2007
James Patrick, City Manager
P.O. Box 1997
Kalispell, MT 59901
Dear Mr. Patrick:
The Montana Department of Corrections is in the process of determining if we can establish a
Prerelease Center in Flathead County, preferably in the city limits of Kalispell. This facility will
house 40 offenders and will provide treatment, job training, education opportunities, counseling
(including mental health assistance), and work to establish offenders back into their own
community with the highest chance of success that the Department of Corrections can provide.
The 2007 Legislature has provided funding for this endeavor and we are proceeding forward.
Siting a Prerelease facility in a community is a unique and sometimes challenging process and I
am requesting your expertise, input and hopefully support.
In accordance with ARM 20.7.506, 1 will be holding a meeting December 10, 2007 in the Earl
Bennett Building Conference Room A&B on the 2"d floor from 1:00-4:30 and am requesting your
presence. My intention is to answer any questions I can on the proposed site, and to ask local
officials, such as you, for help in establishing a working committee. This committee will work to
determine whether there is sufficient public support to allow the siting to occur and this committee
will determine the appropriate portions of the community that the facility may be built.
If you are interested in this process and would consider participating on the working committee,
but for some reason are unable to attend this meeting, please let me know, and I will help to
accommodate your inclusion in any way possible.
Thank you for your time and I sincerely hope to see you on the 10th
IL xlz�
Kerry ribnow
Prerelease Contracts Manager
Community Corrections Division
Montana Department of Corrections
Work (406) 444-4910
Cell (406) 439-0134
kpribnow(a)mt.gov
attachment
AN EQUAL OPPORTUNITY EMPLOYER"
COMMUNITY CORRECTIONS DIVISION 20.7.503
Sub -Chapter 5
Siting, Establishment and Expansion of Prerelease Centers
20.7.501 DEFINITIONS For purposes of this chapter, the
following definitions apply:
(1) "Center" means prerelease center.
(2) "Department" means the department of corrections.
(3) "Expansion of existing center" means an existing pre-
release center intends to go beyond its contracted bed capacity or
add square footage for the purpose of housing offenders.
(4) "Local officials" means elected and appointed city, town,
and county persons in leadership positions.
(5) "Prerelease center" means a residential facility for
adult offenders located in a community which offers offenders room
and board, supervision, counseling, and treatment. (History: 53-1-
203, MCA; IMP, 53-1-203, MCA; NEW, 1998 MAR p. 3114, Eff.
11/20/98.)
20.7.502 DETERMINATION OF NEED (1) Before proceeding with
plans to establish a prerelease center, the department shall make a
preliminary determination that there is a need for a center in the
city, town, or county being considered. The department shall
_develop a written rationale which documents the need for a center.
The written rationale must include:
(a) demographic and statistical data on the general and
offender population of the city, town, or county being considered;
and
(b) the proposed prerelease center's relationship to the
correctional needs of the state. (History: 53-1-203, MCA; IMP, 53-
1-203, MCA; NEW, 1998 MAR p. 3114, Eff. 11/20/98.)
20.7.503 DETERMINATION OF MINIMUM REQUIREMENTS (1) The
department shall determine that within the city, town, or county
being considered, there are available to the offenders:
(a) appropriate mental health and chemical dependency
services;
(b) adequate job opportunities as determined by appropriate
state agencies;
(c) opportunities for basic education, GED, technical
training, and post secondary education; and
(d) opportunities for volunteer and community service.
(History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 1998 MAR p. 3114,
Eff. 11/20/98.)
ADMINISTRATIVE RULES OF MONTANA 12/31/98 20-115
20.7.504 DEPARTMENT OF CORRECTIONS
20.7.504 OBTAINING SUPPORT OF LOCAL OFFICIALS FOR A PROPOSED
PRERELEASE CENTER (1) The department shall determine if the local
officials wish to explore the possibility of establishing a
prerelease center in the city, town, or county being considered.
The department shall contact the following officials to determine
their support for a center in the city, town, or county being
considered:
(a)
members of city, town,
(b)
city and county attorney;
(c)
chief public defender, if
(d)
mayor or chief executive
(e)
local district judges;
(f)
local state legislators;
(g)
sheriff; and
and county governing bodies;
there is one;
officer of city or town;
(h) if there is one, the chief of police. (History: 53-1-203,
MCA; IMP, 53-1-203, MCA; NEW, 1998 MAR p. 3114, Eff. 11/20/98.)
20.7.505 NOTIFICATION OF MEDIA (1) Once the department
determines that local officials are interested in exploring the
possibility of establishing a prerelease center, the department
shall inform the media of the proposed interest.
(2) The media should receive the following information:
(a) written rationale developed by the department which
documents the need for a prerelease center in the city, town, or
county being considered, including statistics which demonstrate the
need for a center in the proposed city, town, or county;
(b) the proposed process as outlined in these rules; and
(c) the role of the public in the process as outlined in
these rules. (History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 1998
MAR p. 3114, Eff. 11/20/98.)
20.7.506 WORKING COMMITTEE (1) The department shall meet
with local officials to form a working committee.
(2) The goal of the working committee will be to:
(a) educate the city, town, or county citizens;
(b) determine if there is public support for a center; and
(c) if there is support for a center, then to identify and
select an appropriate geographical area within the city, town, or
county for that center.
(3) The working committee should be representative of the
diverse interests and areas within the city, town, or county being
considered. Working committee members should be appointed by the
local governing bodies.
20-116 12/31/98 ADMINISTRATIVE RULES OF MONTANA
COMMUNITY CORRECTIONS DIVISION 20.7.507
(4) The committee shall develop a plan to educate its members
and the public, specifically addressing the following:
(a) the rationale and need for choosing this city, town, or
county;
(b) the services that will be provided; and
(c) the process the department will use to screen offenders
for the center.
(5) The working committee and the department shall agree upon
time lines for establishing the center and the requisite tasks
involved. (History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 1998
MAR p. 3114, Eff. 11/20/98.)
20.7.507 PUBLIC INVOLVEMENT PROCESS (1) In order to
determine the level of public support for a center and for a
specific geographic area within the city, town, or county for the
center, the working committee shall develop a process which
includes the public in a meaningful way.
(a) The working committee, with assistance from local
officials and the department, shall schedule and participate in an
informational public meeting process to determine the level of
support for a center.
(b) If there is sufficient public support, then the committee
shall determine the level of support for specific geographic areas
which the committee is considering within the city or town.
(2) The public involvement process must also include the
following:
(a) The committee shall involve local organizations such as
service groups and local government advisory boards to determine
public support for a center, and to assist the committee to select
a specific geographic area for the center.
(b) The committee shall involve the general public in the
process to review the proposal and siting criteria.
(c) A comprehensive, statistically valid and non -biased
survey must be conducted to determine the level of support of local
officials and the public for a center.
(3) Should the committee determine there is support for a
center, the committee may move forward to determine the specific
geographic area within the city, town, or county for the center.
(4) The specific geographic area within the city, town, or
county which the committee chooses must be in compliance with all
applicable laws, codes, ordinances, and existing conditions,
covenants, restrictions of record, and zoning regulations.
(5) The specific geographic area within the city, town, or
county must have access to:
(a) a law enforcement agency capable of emergency response
within 15 minutes; and
ADMINISTRATIVE RULES OF MONTANA 12/31/98 20-117
20.7.508 DEPARTMENT OF CORRECTIONS
(b) 24-hour emergency medical and fire protection services.
(i) Medical transportation services must be available from a
licensed ambulance service.
(ii) Fire protection must be available by a professional fire
protection service. Appropriate fire protection services and
response time must be determined by the state fire marshal or the
authority having jurisdiction. (History: 53-1-203, MCA; IMP, 53-1-
203, MCA; NEW, 1998 MAR p. 3114, Eff. 11/20/98.)
20.7.508 COMPREHENSIVE SURVEY (1) A comprehensive,
statistically valid, and non -biased survey must be conducted tc
determine the level of support of local officials and the public
for the specific geographic area in which the working committee
proposes the center to be located.
(2) The department shall contract with a professional
consulting firm to survey the following local officials:
(a) members of city, town, or county governing bodies;
(b) city, town, or county attorney;
(c) chief public defender, if there is one;
(d) mayor or chief executive officer of city or town;
(e) local district judges;
(f) local state legislators who represent any portion of the
city, town, or county of the proposed geographic area;
(g) sheriff; and
(h) if there is one, the chief of police.
(3) The department shall contract with a professional
consulting firm to survey the general public in the specific
geographic area proposed for the center.
(4) The working committee shall approve both surveys.
(5) The department may not site a center in the proposed
specific geographic area without official support and support of
citizens in that area. (History: 53-1-203, MCA; IMP, 53-1-203, MCA;
NEW, 1998 MAR p. 3114, Eff. 11/20/98.)
20.7.509 PUBLIC HEARING (1) The working committee, with the
assistance of local officials and the department, shall conduct a
public hearing held in conformity with Title 2, chapter 3, MCA.
(2) The department shall publish notice of the hearing in a
newspaper of general circulation within the proposed specific
geographic area reasonably in advance of the hearing. The
department shall also mail notice of the hearing to all interested
persons who have expressed to the department an interest concerning
department actions and have requested to be placed on the
department's list of interested persons.
20-118 12/31/98 ADMINISTRATIVE RULES OF MONTANA
COMMUNITY CORRECTIONS DIVISION 20.7.511
(3) The department shall allow interested persons the
opportunity to submit data, views, or arguments orally or in
writing prior to the hearing, at the hearing, and for a reasonable
time after the hearing.
(4) The hearing must be held in an accessible facility in the
specific geographic area proposed for the center. (History: 53-1-
203, MCA; IMP, 53-1-203, MCA; NEW, 1998 MAR p. 3114, Eff.
11/20/98.)
20.7.510 REQUEST FOR PROPOSALS (1) After the working
committee has approved a specific geographic area of the city,
town, or county for the center, the department shall request
proposals from vendors to construct or acquire a building and
operate the center.
(2) The department shall choose the best proposal consistent
with the criteria developed by the department.
(3) Proposers shall submit proposals based on a specific site
within the geographic area which the working committee selected and
the public approved. (History: 53-1-203, MCA; IMP, 53-1-203, MCA;
NEW, 1998 MAR p. 3114, Eff. 11/20/98.)
20.7.511 EXPANSION OF EXISTING CENTER (1) If an existing
prerelease center wishes to expand, the department shall conduct a
public hearing in the neighborhood in which the center is situated.
The department shall conduct the hearing in conformity with Title
2, chapter 3, MCA.
(2) The department shall publish notice of the hearing in a
newspaper of general circulation within the city, town, or county
reasonably in advance of the hearing. The department shall also
mail notice of the hearing to all interested persons who have
expressed to the department an interest concerning department
actions and have requested to be placed on the department's list of
interested persons.
(3) The department shall allow interested persons the
opportunity to submit data, views, or arguments orally or in
writing prior to the hearing, at the hearing, and for a reasonable
time after the hearing.
(4) The hearing must be held in an accessible facility in the
neighborhood in which the center is situated.
(5) The prerelease center expansion is subject to any
existing conditions, covenants, restrictions of record, and zoning
regulations. (History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 1998
MAR p. 3114, Eff. 11/20/98.)
Sub -Chapters 6 through 10 reserved
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ADMINISTRATIVE RULES OF MONTANA 12/31/98 20-119