Montana Code Annotated 2023

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 30. CORRECTIONS

Part 7. Restrictive Housing

Programs, Services, And Access To Legal And Reading Materials

53-30-717. Programs, services, and access to legal and reading materials. (1) An inmate in a restrictive housing unit shall have:

(a) the opportunity to write and receive letters on the same basis as inmates in the general population;

(b) opportunities for visitation unless there are substantial reasons for withholding visitation privileges. If visitation privileges are withheld, the administrator shall approve the restriction.

(c) access to personal legal materials and available legal reference materials; and

(d) access to reading materials from the facility library.

(2) An inmate in administrative segregation or protective custody or an inmate housed in disciplinary detention must have access to programs and services that include but are not limited to the following:

(a) educational services;

(b) commissary services;

(c) library services;

(d) social services;

(e) counseling services;

(f) religious guidance; and

(g) recreational programs.

(3) The programs and services described in subsections (1) and (2) are not required to be identical to those provided in the facility's general population. However, there may not be major differences for any reasons other than danger to life, health, or safety.

(4) An inmate with a disability may not be denied a reasonable accommodation simply because the inmate is in restrictive housing or a similar condition, unless safety or security concerns render the accommodation unreasonable.

History: En. Sec. 9, Ch. 482, L. 2019.