Rule 20.7.511 - INCREASE IN CONTRACT CAPACITY FOR AN EXISTING PRELEASE CENTER(1) The department may biennially increase the department contract capacity for a prerelease center by not more than 25 percent over the previous biennial contract capacity without engaging in the competitive procurement process.(2) The department may biennially increase the contract capacity by more than 25 percent but less than 50 percent over the previous biennial contract capacity without engaging in the competitive procurement process if:(a) the department has determined, in writing, that the increase is in the best interest of the department;(b) the increase does not change the nature of the prerelease services; and(c) the current contract has at least twelve months remaining, including renewals, before expiration.(3) Before the department executes a contract amendment for an increase in contract capacity of more than 25 percent but less than 50 percent, the department must give notice to the public and to current treatment facility or program providers of its intent to increase the existing prerelease contract capacity.(a) The department must publish the notice on its website and mail or email the notice to each existing department prerelease center or program provider not less than 90 days in advance of the proposed increase date.(b) The notice must request potential contractors to notify the department, in writing, of their interest in providing the same services within a reasonable period of time as specified in the notice.(c) The notice must request potential contractors to provide proof to the department that the potential contractor has the ability to provide the contracted services.(d) If the department receives appropriate notification under this rule, the department may not proceed without opening up the increase to competitive bidding and following the applicable contract and procurement procedures in Title 18, MCA, for the increased capacity portion only.(4) The department may not increase contract capacity by more than 50 percent the department contract capacity for a prerelease program without engaging in the competitive bidding process and following the applicable contract and procurement procedures in Title 18, MCA, for the increased capacity portion.(5) For an increase of the contract capacity of more than 25 percent, the department must conduct a public hearing as provided for in ARM 20.7.509(1) and (2).(6) This rule does not apply to increase of department contract capacity for a contract between the department and a local or tribal government for operation of a prerelease program established pursuant to the Community Corrections Act, 53-30-301, MCA et seq.(7) An existing prerelease center that proposes to move locations within the same jurisdiction does not have to be re-sited pursuant to this subchapter. Any move that will result in a proposed increase in contract capacity must comply with the capacity increase provisions in this rule.(8) Prior to any existing prerelease center moving locations within the same jurisdiction, the department must approve of the move and conduct a public hearing as provided for in ARM 20.7.509(1) and (2).NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2011 MAR p. 2395, Eff. 9/23/11; AMD, 2024 MAR p. 1456, Eff. 6/22/2024AUTH: 53-1-203, MCA; IMP: 53-1-203, MCA