Montana Administrative Code

20.25.507 PAROLE GUIDELINES (1) 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 t…

20.25.601 RESCISSION HEARING (1) 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: (a) the offender has committed disciplinary viol…

20.25.602 PROCEDURE (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-204, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p.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20.25.603 DECISION (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-204, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p.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 (1) 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. (2) Paro…

20.25.702 CONDITIONS OF SUPERVISION (1) When a hearing panel orders an offender paroled, the offender is subject to the following standard rules unless otherwise ordered by the panel: (a) The offender must obtain prior approval from his/her supervising officer before taking up re…

20.25.703 SPECIAL CONDITIONS (REPEALED) Authorizing statute(s): 46-23-218, MCA Implementing statute(s): 46-23-215, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p.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 (1) 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…

20.25.705 FINAL DISCHARGE (1) 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; …

20.25.801 ON-SITE HEARING AND REVOCATION OF PAROLE (1) 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 hea…

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 (1) Upon receipt of a report of violation from the department pursuant to 46-23-1024 and 46-23-1025, MCA, the board will: (a) review the report and any supporting documentation; (b) promptly schedule a revocation hearing; (c) determi…

20.25.901 APPLICATIONS FOR CLEMENCY (1) 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. (2) Applications must be in writing, signed by the applicant, notarized, and filed with the board's Dee…

20.25.901A EXECUTIVE CLEMENCY CRITERIA (1) 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 disc…

20.25.902 INVESTIGATIONS FOR CLEMENCY AND ORDER FOR HEARING (1) In cases in which the death penalty has not been imposed, a hearing panel of the board shall conduct a preliminary review of the application for clemency. (2) The hearing panel may request a psychological evaluation …

20.25.903 HEARING PROCEDURE FOR CLEMENCY (1) A hearing panel of the board will, after having ordered a hearing and after appropriate notice has been given, conduct a public nonadversarial hearing. (a) In cases in which the death penalty has not been imposed the hearing panel may …

20.25.904 RECOMMENDATION CONCERNING CLEMENCY (1) 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…

20.26.101 DEFINITIONS For the purposes of this chapter, the following definitions apply: (1) "Department" means the Department of Corrections as authorized in 2-15-2301, MCA. (2) "Exonerated person" means a person who was convicted of a felony offense in the state of Montana; was…

20.26.102 PROGRAM AND ELIGIBILITY (1) 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 appropriatio…

20.26.103 APPLICATION AND DESIGNATION (1) 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 mai…

20.26.104 APPROVED EDUCATIONAL INSTITUTIONS AND EXPENSES (1) The department will pay an eligible exonerated person's expenses associated with the following educational institutions that are designated as approved educational institutions: (a) a Montana community college; (b) a un…

20.26.105 PROCEDURE TO RECEIVE BENEFITS (1) 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 prepa…

20.27.101 DEFINITIONS For purposes of this chapter, the following definitions apply: (1) "Department" means Department of Corrections. (2) "Private correctional facility" means a correctional facility that is either privately operated or privately owned and operated. (a) The term…

20.27.102 SITE SELECTION OF PRIVATE CORRECTIONAL FACILITIES (1) Private correctional facilities must be sited pursuant to American Correctional Association standards. (2) Private correctional facilities must be sited near a civilian population center with at least the following s…

20.27.103 LOCATION OF PRIVATE CORRECTIONAL FACILITIES IN PROXIMITY TO SCHOOLS (1) 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…

20.27.104 OBTAINING PUBLIC SUPPORT FOR PROPOSED PRIVATE CORRECTIONAL FACILITY SITES (1) 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 bod…

20.27.105 LETTERS IN SUPPORT OF PROPOSED SITES FOR PRIVATE CORRECTIONAL FACILITIES (1) 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. (2) If the governing entit…

20.27.106 DESIGN AND CONSTRUCTION OF PRIVATE CORRECTIONAL FACILITIES (1) Design and construction of private correctional facilities must conform to applicable American Correctional Association standards for prisons. (2) Prior to initiating facility construction, design and constr…

20.27.201 PURPOSE (1) These rules establish the licensing requirements for the operation, security, and physical condition, as well as for the safety, health, treatment and discipline of persons confined in a private correctional facility within the state of Montana pursuant to 5…

20.27.202 DEFINITIONS (1) "Department" means the Department of Corrections provided for in 2-15-2301 , MCA. (2) "Licensing agent" means the department employee designated to conduct site visits, conduct licensing studies and perform all other duties regarding the licensing of pri…

20.27.203 FACILITY LICENSE (1) Each private correctional facility within the state of Montana must be licensed by the department. The facility's current license must be prominently displayed in the general administration area of the facility. (2) The department shall issue a one-…

20.27.206 LICENSING PROCEDURES (1) A private correctional facility must apply to the department for its initial license at least 90 days prior to the date it intends to be open for operation. (2) The facility must apply in writing with a letter requesting a licensing review and a…

20.27.207 LICENSE REVOCATION AND DENIAL (1) The department, after written notice to the applicant or licensee, may deny, suspend, restrict, revoke or reduce to provisional status a license upon finding that the facility: (a) is not in substantial compliance with the licensing req…

20.27.208 HEARING (1) Any applicant or licensee who wishes to contest the department's licensing action refusing to grant a license, restricting, suspending, reducing to provisional, or revoking a license may request a contested case hearing as provided in 2-4-601 , MCA. Authoriz…

20.27.210 PURPOSE AND MISSION (1) The facility must have a written policy and procedure manual, approved by the department, which establishes the facility's mission, goals, objectives and standard operating procedures, and establishes a system of regular review of policies and pr…

20.27.212 FACILITY WARDEN (1) The facility must be headed by a warden who is in charge of all inmates, personnel, volunteers, programs and activities connected with the facility. (2) The qualifications for the position of warden are at a minimum, the following: (a) bachelor's deg…

20.27.213 FACILITY ORGANIZATION (1) The facility must have a written document describing its organization. This description must include an organizational chart. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/…

20.27.214 POLICY AND PROCEDURE MANUAL (1) Policies and procedures for operating the facility must be: (a) approved by the department; and (b) contained in a manual that is accessible to all employees and the department. (2) The facility must update and review this manual annually…

20.27.216 MEDIA ACCESS (1) The facility must have written policy, procedure and practice which: (a) allow representatives of the media access to the facility consistent with preserving inmates' right to privacy and maintaining order and security; and (b) provide for the dissemina…

20.27.217 INMATE FUNDS (1) The facility must control inmate personal funds held by the facility in accordance with accepted accounting procedures. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.218 STAFFING REQUIREMENTS (1) Facility staffing requirements for all categories of personnel must be determined on an ongoing basis to ensure that inmates have access to staff, programs and services. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604,…

20.27.219 BACKGROUND/CRIMINAL RECORD CHECK (1) The facility must obtain a background investigation criminal record check on all new employees in accordance with department requirements to detect any criminal convictions that relate specifically to job performance. (2) The facilit…

20.27.221 DRUG-FREE WORKPLACE (1) The facility must have written policy and procedure that support a drug-free workplace for all employees. The policy must: (a) require that all potential employees pass a drug and alcohol test prior to beginning work at a facility; and (b) includ…

20.27.222 PERSONNEL FILES (1) The facility must maintain on the premises a current, accurate, and confidential personnel record on each employee. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.223 TRAINING AND STAFF DEVELOPMENT (1) The facility must provide staff training and development in accordance with state law. Authorizing statute(s): 53-30-604, MCA Implementing statute(s): 53-30-604, MCA History: NEW, 1999 MAR p. 2629, Eff. 9/10/99.

20.27.225 INMATE POPULATION MOVEMENT (COUNT) (1) The facility must have a strict accountability system to physically count every inmate. (2) The facility must have a written plan to control inmate movement within and outside the facility that is approved by the department. (3) Th…