The bill proposes to amend Section 53-30-106 of the Montana Code Annotated to prohibit the Department of Corrections from incarcerating inmates out of state if they have a child under the age of 13 who resides in Montana. This restriction applies unless the inmate's parental rights have been terminated or the incarceration is a result of a conviction for a sexual offense. The intent of the bill is to keep families together and minimize the impact of incarceration on young children.

In addition to this new provision, the bill retains existing language regarding the management of inmate populations, including the director's authority to declare an emergency capacity situation and the procedures for handling inmates when correctional institutions exceed capacity. The department will continue to have the ability to enter into contracts for inmate confinement with other jurisdictions or private entities, but the new amendment specifically addresses the circumstances under which inmates can be placed out of state based on their parental status.

Statutes affected:
LC Text: 53-30-106