Administrative Rules of Montana Department 23 - JUSTICE
Administrative Rules of Montana (ARM)
Department 23 — Justice
Overview:
Montana’s Department 23 encompasses the rules and regulations governing the administration of justice in the state, including criminal justice procedures, correctional facilities, parole and probation systems, and oversight of judicial and law enforcement processes. The rules aim to ensure fairness, public safety, accountability, and adherence to state and federal law.
1. Definitions and Scope (ARM 23.1.101 – 23.1.150)
Key points:
Provides clear definitions for terms such as:
Offender: any person subject to Montana criminal law.
Correctional facility: prisons, detention centers, or other secure institutions.
Probation and parole authority: the agency responsible for supervision.
Clarifies the jurisdiction of Department 23, covering state correctional facilities, adult and juvenile justice programs, and related administrative functions.
Establishes the scope of the rules, emphasizing compliance with Montana law and constitutional rights.
Why it matters:
Defines boundaries and responsibilities, ensuring all stakeholders understand their roles and legal limitations.
2. Correctional Facility Operations (ARM 23.2.201 – 23.2.300)
Key points:
Governs the day-to-day operation of state correctional facilities:
Inmate intake and classification.
Housing assignments based on security levels.
Rules for disciplinary actions and grievance procedures.
Specifies staff responsibilities, including security, health care oversight, and rehabilitation programming.
Establishes inmate rights, including access to medical care, religious services, and visitation.
Why it matters:
Balances safety, security, and inmate rights, ensuring correctional facilities operate efficiently and lawfully.
3. Probation and Parole Procedures (ARM 23.3.301 – 23.3.380)
Key points:
Establishes rules for supervision of offenders in the community:
Conditions of probation or parole.
Reporting requirements and electronic monitoring.
Procedures for addressing violations of conditions.
Outlines responsibilities of parole officers, including risk assessment, rehabilitation support, and enforcement.
Specifies protocols for revocation hearings and appeals.
Why it matters:
Ensures that community supervision protects public safety while providing offenders opportunities for rehabilitation.
4. Juvenile Justice Rules (ARM 23.4.401 – 23.4.480)
Key points:
Covers rules for juvenile offenders:
Detention and placement in youth facilities.
Individualized case plans and treatment programs.
Rights of minors, including legal representation and family involvement.
Focuses on rehabilitation rather than punishment, consistent with federal and state juvenile justice standards.
Specifies review procedures to monitor progress and adjust case plans as necessary.
Why it matters:
Protects the welfare of minors and promotes reintegration into society.
5. Victim Services and Rights (ARM 23.5.501 – 23.5.560)
Key points:
Establishes rights and services for crime victims:
Access to information about offender status and case progress.
Eligibility for compensation or support services.
Participation in parole hearings.
Requires justice agencies to notify victims of significant actions such as parole or release.
Encourages programs that support victims’ recovery and safety.
Why it matters:
Balances offender management with the rights and protection of victims, promoting justice and transparency.
6. Investigations and Law Enforcement Oversight (ARM 23.6.601 – 23.6.680)
Key points:
Rules governing state-level law enforcement investigations and oversight:
Investigation procedures and reporting requirements.
Coordination with local and federal law enforcement.
Standards for evidence collection and chain of custody.
Establishes internal review processes to ensure law enforcement actions comply with legal and ethical standards.
Specifies procedures for complaints against law enforcement personnel.
Why it matters:
Maintains accountability and integrity in law enforcement, protecting public trust.
7. Administrative Hearings and Appeals (ARM 23.7.701 – 23.7.780)
Key points:
Provides procedures for appealing administrative decisions:
Inmate disciplinary actions.
Probation or parole revocations.
Juvenile placement decisions.
Defines timelines, filing requirements, and hearing processes.
Ensures due process rights are respected in all administrative actions.
Why it matters:
Protects legal rights and ensures fairness in administrative justice procedures.
8. Training and Professional Standards (ARM 23.8.801 – 23.8.850)
Key points:
Requires training for correctional staff, probation officers, and juvenile justice personnel:
Safety and security protocols.
Legal updates and ethics.
Trauma-informed care and rehabilitation methods.
Encourages continuing education to maintain professional standards.
Why it matters:
Ensures that justice personnel are competent, ethical, and effective, improving outcomes for offenders, victims, and the community.
✅ Summary of Key Rule Areas
| Rule Section | What It Regulates | Core Purpose |
|---|---|---|
| 23.1.101–150 | Definitions & scope | Establishes roles, jurisdiction, and authority |
| 23.2.201–300 | Correctional facilities | Safety, operations, inmate rights |
| 23.3.301–380 | Probation & parole | Community supervision and compliance |
| 23.4.401–480 | Juvenile justice | Rehabilitation and monitoring of minors |
| 23.5.501–560 | Victim services | Protecting and informing crime victims |
| 23.6.601–680 | Law enforcement oversight | Accountability and proper investigative procedures |
| 23.7.701–780 | Administrative hearings | Due process and appeals |
| 23.8.801–850 | Training & standards | Competence and professional ethics |
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