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51 Montana Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagmt0003 and id is 1 raw text is: VOLUME NO. 51 CORRECTIONS - Establishing methamphetamine treatment programs through contracts with private Montana nonprofit corporations; DRUGS - Establishing methamphetamine treatment programs through contracts with private Montana nonprofit corporations; PUBLIC CONTRACTS - Inapplicability of privatization review procedures where legislature requires implementation of program through contracts with private vendors; STATUTORY CONSTRUCTION - Plain meaning of statutory language requires no extrinsic aids to interpretation; STATUTORY CONSTRUCTION - Shall generally connotes mandatory duty; STATUTORY CONSTRUCTION - Specific requirement controls over inconsistent general provision; MONTANA CODE ANNOTATED - Title 2, chapter 8, part 3; Title 18; sections 1-2- 101, -102, 1-3-223, 2-8-301 to -304, -301(1), (3)(a), (4), -302, (2) to (5)(a), (6), -303, 45- 9-102, 53-1-203, (1)(a), (1)(c), (2), 46-18-201, -202, 53-1-203, (1), (a), (c), (ii), (2); MONTANA CONSTITUTION - Article VI, section 10(2); OPINIONS OF THE ATTORNEY GENERAL - 51 Op. Att'y Gen. No. 4 (2005). HELD: When the Department of Corrections contracts with a Montana private nonprofit corporation to establish residential methamphetamine treatment programs pursuant to Mont. Code Ann. § 53-1-203(1)(c)(ii), it need not undergo the privatization plan process outlined in Mont. Code Ann. §§ 2-8- 302 and 2-8-303. February 28, 2006 Mr. Bill Slaughter, Director Department of Corrections 1539 Eleventh Avenue Helena, MT 59620-1301 Dear Mr. Slaughter: You have requested my opinion on a question that I have phrased as follows: OPINION NO. 13

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