BEFORE THE DEPARTMENT OF CORRECTIONS
OF THE STATE OF MONTANA
TO: All Concerned Persons
In the matter of the adoption of New Rule I pertaining to inmate trust accounts
NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
1. On October 13, 2016, at 10:00 a.m., the Department of Corrections will hold a public hearing in the Small Meeting Room of the Lewis and Clark Library, in Helena, Montana, to consider the proposed adoption of the above-stated rule.
2. The Department of Corrections will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Corrections no later than 5:00 p.m. on October 7, 2016, to advise us of the nature of the accommodation that you need. Please contact Winnie Strainer, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-0439; fax (406) 444-4551; or e-mail WStrainer@mt.gov.
3. The rule as proposed to be adopted provides as follows:
NEW RULE I INMATE TRUST ACCOUNTS (1) The Department of Corrections has an inmate trust account system in which it has established non-interest bearing accounts for inmates.
(2) The department will account for all inmate funds in compliance with generally accepted accounting principles and discourage theft and the inappropriate use of cash that may present safety and security concerns within facilities.
(3) All money in the inmate's possession at intake, received while in state prison from approved correspondents, or earned from an inmate work assignment or hobby sales will be deposited in the inmate's trust account.
(4) The accounting unit will make deductions from money received for obligations under 53-1-107(2), MCA, prior to depositing the money in the inmate's trust account.
(5) When an inmate is released from a facility, the balance of the inmate's trust account will be returned to the inmate.
AUTH: 53-1-107, MCA
IMP: 53-1-107, MCA
REASON: This rule is necessary in order to acknowledge the department's prison inmate trust account system that has long been in place pursuant to a written department policy 1.2.6 Offender Financial Transactions and to acknowledge the department's established procedures for applying funds held in an inmate's trust account to meet the inmate’s obligations under 53-1-107(2), MCA. Section 53-1-107(2), MCA, authorizes the inmate trust accounts and the practices and procedures described, "consistent with administrative rules adopted by the department." Adoption of the administrative rule is necessary in order to be in compliance with 53-1-107(2), MCA.
4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Michele Morgenroth, Department of Corrections, P.O. Box 201301, Helena, Montana, 59620-1301; telephone (406) 444-2828; fax (406) 444-4920; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m., October 21, 2016.
5. Lorraine Schneider, Department of Corrections, has been designated to preside over and conduct this hearing.
6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by letter on August 15, 2016.
9. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Colleen E. Ambrose /s/ Mike Batista
Rule Reviewer Department of Corrections
Certified to the Secretary of State September 12, 2016.