Montana Administrative Code

20.25.1104 DECISION OF THE BOARD (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-412, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; REP, 1999 MAR p. 290, Ef…

20.25.1107 REVOCATION OF FURLOUGH (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-218, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; REP, 1993 MAR p. 297, Eff. 2/26/93.

20.25.201 OBJECTIVES The principal objective of the board is to affect the release from confinement of appropriate eligible offenders before the completion of the full term of commitment while still fully protecting society. A hearing panel may only grant a release when, in the p…

20.25.202 DEFINITIONS (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-103, 46-23-104, 46-23-218, MCA History: NEW, 1999 MAR p. 290, Eff. 2/12/99; AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2016 MAR p. 139, Eff.…

20.25.301 MINIMUM TIME; PERIODIC EVALUATION (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-201, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD, 1999 MAR…

20.25.303 FURTHER ELIGIBILITY (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-218, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD, 1999 MAR p. 290, Eff. …

20.25.304 ADDITIONAL CONSECUTIVE SENTENCES (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-217, 46-18-401, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD…

20.25.305 ELIGIBILITY An offender in a state prison, the state hospital, the Montana Developmental Center, or the Montana Mental Health Nursing Care Center, or an offender who is sentenced to the state prison or committed to the department and who has been transferred from the pr…

20.25.306 PAROLE PLAN The board through its pre-parole program, will make available to offenders a copy of a packet outlining the parole process and the recommendedparole release plan. Each offender who applies for a grant of parole should prepare a comprehensive release plan for…

20.25.307 MEDICAL PAROLE Except for an offender under sentence of death or of life imprisonment without the possibility of parole, a hearing panel may release an offenderon medical parole in accordance with 46-23-210, MCA. An offender or other party specified in 46-23-210, MCA, m…

20.25.401 HEARING PROCEDURE The presiding hearing panel member shall conduct hearings informally and shall have discretion to allow or not allow any proposed witness statements on recognized legal grounds. The board staff shall make arecording of all hearings in accordance with 4…

20.25.402 ADMINISTRATIVE REVIEW AND REAPPEARANCE If the hearing panel does not grant parole at the initial parole hearing, the hearing panel shall set either a reappearance or an administrative review in accordance with 46-23-201(5), MCA.If an administrative review is set, it wil…

20.25.403 EARLY CONSIDERATION Whenever an offender's next scheduled administrative review is more than one year away, the offender may submit to the board a request for early consideration stating new information or change in circumstances that bears on their suitability for paro…

20.25.501 DECISION AND RECONSIDERATION A final decision of the hearing panel must be by a majority vote, must be in writing, and must be signed by at least two panel members. Following the parole hearing, the hearing panel may make any of the following dispositions: grant parole;…

20.25.502 FORM AND DELIVERY (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-202, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; REP, 2010 MAR p. 2816, Eff.12…

20.25.503 PREFERENCE TO FIRST OFFENDERS (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-218, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; REP, 1993 MAR p. 297, Eff. 2/26/93.

20.25.504 INVESTIGATION Before a hearing panel considers an offender for release on parole, the boardshall consider, at a minimum,the informationprovided by the department pursuant to 46-23-203, MCA, and outlined in 46-23-208(4), MCA. If a hearing panel grants a parole the panel …

20.25.505 CRITERIA FOR RELEASE GRANT DECISIONS ON NONMEDICAL PAROLE (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-201, 46-23-202, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR …

20.25.506 FURLOUGH When a hearing panel has granted an offender a parole, the panel or the board chair or designee may grant the offender a furlough for the sole purpose of finding employment, making suitable living arrangements, or fulfilling any other hearing panel condition th…

20.25.507 PAROLE GUIDELINES The purpose of the parole guidelines is to structure and guide parole release decisions and decisions relating to imposition of release conditions. Guidelines are a tool that ensure that members of the Board of Pardons and Parole (board) consider the i…

20.25.601 RESCISSION HEARING A hearing panel may conduct a hearing and rescind a previously granted parole if the offender has not left confinement or is on furlough status and the panel finds one of the following has occurred: the offender has committed disciplinary violations; …

20.25.602 PROCEDURE (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-204, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; REP, 2010 MAR p. 2816, Eff. 12/10/10.…

20.25.603 DECISION (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-204, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; REP, 2010 MAR p. 2816, Eff. 12/10/10.

20.25.701 RELEASE The board, through its staff, may delay a release that has been granted and not scheduled for rescission, up to 120 days as a result of improper conduct or new evidence or information. The staff shall notify the board of any delay and reason for it. Parole is no…

20.25.702 CONDITIONS OF SUPERVISION When a hearing panel orders an offender paroled, the offender is subject to the following standard rules unless otherwise ordered by the panel: The offender must obtain prior approval from his/her supervising officer before taking up residence …

20.25.703 SPECIAL CONDITIONS (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-215, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; REP, 2010 MAR p. 2816, Eff. …

20.25.704 CONDITIONAL DISCHARGE FROM SUPERVISION Upon recommendation of the supervising parole officer, a hearing panel may conditionally discharge a parolee from parole supervision before the expiration of the sentence, if the panel determines that such conditional discharge is …

20.25.705 FINAL DISCHARGE When a parolee has completed the full term of imprisonment or commitment, the board will issue a final discharge certificate. Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-215, MCA History: NEW, 1993 MAR p. 297, Eff. 2/26/93; AMD,…

20.25.801 ON-SITE HEARING AND REVOCATION OF PAROLE If an officer of the department has reason to believe a parolee has violated any of the conditions of the parolee's release, the department must conduct an on-site hearing unless the parolee waives the right to an on-site hearing…

20.25.802 CONTESTED REVOCATION HEARINGS (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 42-23-1025, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; REP, 2010 MAR p.…

20.25.803 EFFECT OF NEW SENTENCE (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 42-23-217, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; REP, 1999 MAR p. 290, Eff. 2/12/99.

20.25.804 BOARD RESPONSES TO PAROLE VIOLATIONS Upon receipt of a report of violation from the department pursuant to 46-23-1024 and 46-23-1025, MCA, the board will: review the report and any supporting documentation; promptly schedule a revocation hearing; determine whether any v…

20.25.901 APPLICATIONS FOR CLEMENCY Application forms for executive clemency may be obtained at the board's main office in Deer Lodge, Montana or from the board's web site. Applications must be in writing, signed by the applicant, notarized, and filed with the board's Deer Lodge …

20.25.901A EXECUTIVE CLEMENCY CRITERIA Pardon is a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction. An individual may not apply for a pardon unless the offense for which he/she seeks a pardon has been commuted or discharg…

20.25.902 INVESTIGATIONS FOR CLEMENCY AND ORDER FOR HEARING In cases in which the death penalty has not been imposed, a hearing panel of the boardshall conduct a preliminary review of the application for clemency. The hearing panel may request a psychological evaluation of the ap…

20.25.903 HEARING PROCEDURE FOR CLEMENCY A hearing panel of the board will, after having ordered a hearing and after appropriate notice has been given, conduct a public nonadversarial hearing. In cases in which the death penalty has not been imposed the hearing panel may hold the…

20.25.904 RECOMMENDATION CONCERNING CLEMENCY Upon completion of its preliminary review or hearing, the hearing panel shall transmit within 30 days to the Governor, the application or reapplication along with its recommendation to grant or deny clemency, together with relevant doc…

20.26.101 DEFINITIONS For the purposes of this chapter, the following definitions apply: "Department" means the Department of Corrections as authorized in 2-15-2301, MCA. "Exonerated person" means a person who was convicted of a felony offense in the state of Montana; was incarce…

20.26.102 PROGRAM AND ELIGIBILITY There is a program that may pay education expenses for exonerated persons. The department may pay educational expenses for an exonerated person as described in these rules. Educational reimbursement is contingent upon legislative appropriation of…

20.26.103 APPLICATION AND DESIGNATION For an exonerated person to receive educational aid the person must submit an application to the department's main office in Helena, Montana on a form made available at the department's main office or on the department's web site. The main of…

20.26.104 APPROVED EDUCATIONAL INSTITUTIONS AND EXPENSES The department will pay an eligible exonerated person's expenses associated with the following educational institutions that are designated as approved educational institutions: a Montana community college; a unit of the Mo…

20.26.105 PROCEDURE TO RECEIVE BENEFITS To receive benefits the exonerated person, on a form provided by the department, must establish and show proof of admission to an educational institution listed in ARM 20.26.104 and current enrollment or enrollment in a program of preparati…

20.27.101 DEFINITIONS For purposes of this chapter, the following definitions apply: "Department" means Department of Corrections. "Private correctional facility" means a correctional facility that is either privately operated or privately owned and operated. The term does not in…

20.27.102 SITE SELECTION OF PRIVATE CORRECTIONAL FACILITIES Private correctional facilities must be sited pursuant to American Correctional Association standards. Private correctional facilities must be sited near a civilian population center with at least the following services:…

20.27.103 LOCATION OF PRIVATE CORRECTIONAL FACILITIES IN PROXIMITY TO SCHOOLS The closest property boundary of the private correctional facility must be at least one air mile from the closest property boundary of a public or nonpublic school. Authorizing statute(s): 53-30-604, MC…

20.27.104 OBTAINING PUBLIC SUPPORT FOR PROPOSED PRIVATE CORRECTIONAL FACILITY SITES Proposed sites for private correctional facilities must have community support. Proposers must obtain approval of the location of the private correctional facility from the local governing body or…

20.27.105 LETTERS IN SUPPORT OF PROPOSED SITES FOR PRIVATE CORRECTIONAL FACILITIES The proposer shall obtain evidence of approval by the local governing entity or entities of the political subdivision in which the proposed facility is to be located. If the governing entity or ent…

20.27.106 DESIGN AND CONSTRUCTION OF PRIVATE CORRECTIONAL FACILITIES Design and construction of private correctional facilities must conform to applicable American Correctional Association standards for prisons. Prior to initiating facility construction, design and construction o…