Mont. Admin. R. 20.27.104 - OBTAINING PUBLIC SUPPORT FOR PROPOSED PRIVATE CORRECTIONAL FACILITY SITES
(1) Proposed sites for private correctional
facilities must have community support. Proposers must obtain approval of the
location of the private correctional facility from the local governing body or
bodies.
(2) To gain public support
and input into the siting process for private correctional facilities,
proposers shall hold at least two public hearings in the county of the proposed
site.
(a) If the nearest municipality to the
proposed site is also the county seat, the public hearings shall be held in the
municipality.
(b) If the nearest
municipality to the proposed site is not the county seat, a hearing shall be
held in the municipality, and a hearing shall be held in the county
seat.
(3) If the
proposed site is located within a municipality, the governing body of the
municipality and the governing body of the county shall approve the location of
the facility.
(4) If the proposed
site is not located within a municipality, the county governing body shall
approve the location of the facility.
(5) If the proposed site is located within
seven and one-half air miles of an adjacent county, the proposers shall also
hold a third public hearing in the municipality of the adjacent county that is
located within closest proximity of the proposed site.
(6) Hearings must be held at a time
convenient for the public to attend.
(7) The proposer shall provide adequate
public notice of the hearings, which shall, at a minimum, meet the following
criteria:
(a) if the proposed site is located
in a rural area, the proposer shall publish notice of the public hearing in a
local weekly newspaper as well as in the nearest daily newspaper;
(b) if the proposed site is located in or
near a major municipality, the proposer shall publish notice of the hearing in
at least one major newspaper of general circulation in the proposed site
area;
(c) notices must be published
at least seven days prior to the date and time of the hearing;
(d) notices must also be published on the
date of hearing, if the newspaper is published on that date; and
(e) notices must include:
(i) the date, time, and place of public
hearing; and
(ii) the name and
phone number of the entity responsible for requesting the hearing.
(8) In addition to the
public notices, the proposer shall also provide specific notice to:
(a) state legislators in the county of the
proposed site and all counties immediately adjacent to the proposed
site;
(b) county and municipal
elected officials in the county of the proposed site;
(c) the hospital board or administrator in
the nearest municipality of the proposed site;
(d) the district school board(s) or
superintendent(s) in the nearest municipality of the proposed site;
(e) county governing boards and county
elected officials in each county immediately adjacent to the county of the
proposed site; and
(f) all
municipal governing bodies of municipalities located within 50 air miles of the
proposed site.
(9) The
entity holding the public hearing shall make reasonable accommodations for
persons with disabilities who wish to participate in the hearing(s).
(10) The entity holding the public hearing
shall ensure minutes are taken during the hearing, and:
(a) a copy of the minutes be
transcribed;
(b) a copy of any
written information received from hearing participants must be attached to the
minutes; and
(c) a copy of the
names, addresses, and phone numbers of persons attending the hearing must be
attached to the minutes.
(11) The governing body may conduct the
public hearings required herein.
Notes
53-30-604, MCA; IMP, 53-30-607, MCA;
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