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20.7.1203    TERMINATION FROM THE PROGRAM

(1) If, at any time, the program review committee decides an offender is not satisfactorily meeting program requirements, the program review committee may recommend termination. If the program review committee recommends termination, the correctional manager will convene a re-classification committee. The re-classification committee shall consist of the following:

(a) a representative of the drill program staff;

(b) a representative of the treatment staff; and

(c) an additional boot camp staff member.

(2) The re-classification committee may recommend the boot camp terminate the offender's enrollment in the program. If the superintendent agrees, the program shall revoke the offender's enrollment.

(3) The factors the program review and re-classification committees may consider as a failure to comply with program requirements besides the requirements listed in ARM 20.7.111 are:

(a) the offender jeopardizes the safety of the offender or others;

(b) the offender presents medical or mental health issues that preclude the offender from successfully completing the program;

(c) the offender presents an escape risk;

(d) a detainer has been placed on the offender;

(e) law enforcement is investigating the offender for a pending criminal matter;

(f) the offender demonstrates adjustment problems or does not or cannot comply with program requirements;

(g) the offender has needs beyond those the program can provide;

(h) the offender will not be able to complete the program in 120 days; or

(i) the department or screening committee made classification or screening errors and the offender is not appropriate for the program.

(4) The superintendent has complete discretion to terminate an offender from the program. There is no appeal from the superintendent's decision.

(5) The superintendent may terminate an offender from the program if the offender is found guilty of a disciplinary violation.

 

History: 53-30-403, MCA; IMP, 53-30-403, MCA; NEW, 2001 MAR p. 671, Eff. 4/27/01; TRANS, from 20.7.112, 2012 MAR p.1618, Eff. 8/10/12.

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