Title 46, Title 46

(1) A local government may establish a misdemeanor probation office associated with a justice's court, municipal court, or city court. The misdemeanor probation office shall monitor offenders for misdemeanor sentence compliance and restitution payments. An offender is considered …

Parts 1, 2, 3, and 10 of this chapter shall be known and may be cited as the "Parole and Executive Clemency Act".

(1) The department shall establish a program for the continuous, satellite-based monitoring of sexual offenders designated as level 3 offenders under 46-23-509. The program may include: (a) time-correlated and continuous tracking of the geographic location of a monitored person u…

(1) The department shall supervise probationers during their probation period, including supervision after release from imprisonment imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711, in accord with the conditions set by a sentencing judge. If th…

(1) At any time during probation, if a probation and parole officer reasonably believes that the probationer has violated a condition of probation, a court may issue a warrant for the arrest of the probationer or a county attorney may issue a notice to appear to answer to a charg…

A probationer or defendant under suspension of sentence for whose return a warrant has been issued by the court shall after the issuance of the warrant, if it is found that such warrant cannot be served, be deemed a fugitive from or to have fled from justice.

(1) A probation and parole officer who reasonably believes that a probationer has violated a condition of probation shall consult the incentives and interventions grid adopted under 46-23-1028 to determine an appropriate response and may initiate an informal probation violation i…

(1) If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for th…

The provisions of parts 1, 2, 3, and 10 of this chapter do not apply to probation in the youth courts or to conditional release from correctional facilities.

(1) (a) A conditional discharge granted under 46-23-1011 or 46-23-1021 is: (i) a discharge from supervision by the department for the time remaining on the sentence imposed if the probationer or parolee complies with all the conditions imposed by the district court or the board; …

(1) The department shall retain custody of all persons placed on parole and shall supervise the persons during their parole periods in accordance with the conditions set by the board. (2) The department shall assign personnel to assist a person who is eligible for parole in prepa…

(1) To assist parolees the department may, in addition to other services, provide the following: (a) employment counseling, job placement, and assistance in residential placement; (b) family and individual counseling and treatment placement; (c) financial counseling; (d) vocation…

(1) At any time during release on parole or conditional release, the department may issue a warrant for the arrest of the parolee for violation of any of the conditions of release or a notice to appear to answer to a charge of violation. The notice must be served personally upon …

(1) After the arrest of the parolee, an initial hearing must be held unless: (a) the hearing is waived by the parolee; (b) the parolee has been charged in any court with a violation of the law; or (c) the probation and parole officer authorizes release or initiates an interventio…

(1) If the hearings officer determines that there is probable cause to believe that the prisoner has violated a condition of parole and directs the probation and parole officer to initiate a petition for revocation, the probation and parole officer shall immediately notify the bo…

A prisoner for whose return a warrant has been issued shall, after the issuance of the warrant, if it is found that the warrant cannot be served, be considered a fugitive or to have fled from justice.

(1) The department shall acknowledge achievements by a parolee who, by completion of an activity described in subsection (2), has shown a willingness to reenter society as a productive and responsible member. (2) The department shall acknowledge achievements, such as: (a) obtaini…

(1) The department shall revise, maintain, and fully implement the policy known as the Montana incentives and interventions grid. The grid must guide responses to negative and positive behavior by people under supervision by the department, including responses to violations of su…

(1) The period of a probationer or parolee's supervision as imposed by the district court or the board may be adjusted for work time credit on the recommendation of a probation and parole officer. (2) (a) Work time credit equals 1 day for every 40-hour workweek of eligible employ…

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Board" means the board of pardons and parole provided for in 2-15-2305. (2) "Department" means the department of corrections provided for in 2-15-2301. (3) "Executive clemency" refers to…

(1) (a) Except as provided in subsection (1)(c), a probationer, parolee, or person committed to the department who is supervised by the department: (i) shall pay to the department a supervisory fee of no less than $120 a year and no more than $360 a year, prorated at no less than…

(1) Money forfeited under federal law and provided to the department of corrections may be deposited in an account in the federal special revenue fund. (2) Money from federal forfeiture funds deposited in the account may be used for training probation and parole officers, for the…

(1) The board of pardons and parole is responsible for executive clemency and parole as provided in this chapter. (2) The board shall work full time and meet in hearing panels at the times and places that the board considers necessary. (3) The principal office of the board is in …

(1) It is the policy of the state of Montana that individuals released from the Montana state prison or community corrections programs be afforded every reasonable opportunity to obtain permanent housing in order to increase the likelihood that the individuals will succeed in: (a…

(1) If the department does not approve an offender's parole plan because the offender is unable to secure suitable living arrangements, the department may provide rental vouchers to the offender for a period not to exceed 3 months if the rental assistance will result in an approv…

The board may appoint any qualified attorney or the attorney general to act as its legal adviser and represent it in all proceedings whenever so requested by the board.

It is the duty of the court disposing of any criminal case to cause to be transmitted to the board of pardons and parole statistical data in accordance with regulations issued by the board regarding all dispositions of defendants whether found guilty or discharged.

The board's hearing panels may hold any hearing via interactive videoconference, may hold an administrative review via telephone conference, and, at the applicant's request, may hold a clemency hearing via telephone conference.

(1) (a) The department and the board shall keep a record of the board's acts and decisions. Citizens may inspect and make copies of the public records of the board, as provided in 2-6-1003, 2-6-1006, 2-6-1007, and this section. (b) (i) Except as provided in subsections (1)(b)(ii)…

(1) Board members must be paid a salary within the occupational wage range for the occupation designated by the department of administration as provided in subsection (2). Board members must receive longevity, expense reimbursement, leave, insurance, and other benefits provided t…

(1) The Interstate Compact for Adult Offender Supervision is enacted into law as contained in this section and is entered into with any other states legally joining in the compact in substantially the same form as contained in this section. (2) This section may be cited as the "I…

(1) Subject to the restrictions contained in subsections (2) through (4) and the parole criteria in 46-23-208, the board may release on nonmedical parole by appropriate order any person who is: (a) confined in a state prison; (b) sentenced to the state prison and confined in a pr…

Within the 2 months prior to a prisoner's official parole eligibility date or as soon after that date as possible, the department shall make the prisoner available for a hearing before a hearing panel. The hearing panel shall consider the prisoner's score under the parole guideli…

It shall be the duty of all prison officials to grant to the members of the board or its properly accredited representatives access at all reasonable times to any prisoner over whom the board has jurisdiction under parts 1, 2, 3, and 10 of this chapter, to provide for the board o…

(1) The board shall have the power to issue subpoenas compelling the attendance of such witnesses and the production of such records, books, papers, and documents as it may deem necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths adm…

In case of contumacy by or refusal of any person to obey a subpoena issued to such person, any member of the board or duly authorized representative of any of them may make application to any court of record of this state and such court shall have jurisdiction to issue to such pe…

Any person who without just cause fails or refuses to attend and testify, to answer any lawful inquiry, or to produce records, books, papers, and other documents if it is in the person's power to do so in obedience to a subpoena of the board or any member of the board shall be pu…

(1) The board may release an eligible prisoner on nonmedical parole only when: (a) there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community; (b) release is in the best interests of society; (c) the prisoner is able an…

(1) The board may release on medical parole by appropriate order any person confined in a state prison or adult community corrections facility or any person sentenced to a state prison and confined in a prerelease center who: (a) is not under sentence of death or sentence of life…

(1) A prisoner while on parole remains in the legal custody of the department but is subject to the orders of the board. (2) (a) When a hearing panel issues an order for parole, the order must recite the conditions of parole. The hearing panel shall consider the parole guidelines…

(1) A prisoner on parole is considered released on parole until the expiration of the maximum term or terms for which the prisoner was sentenced. (2) The period served on parole must be considered service of the term of imprisonment, and subject to the provisions contained in 46-…

A prisoner who commits a crime while imprisoned in a state prison or while released on parole or under the supervised release program and who is convicted and sentenced for the crime shall serve the sentence consecutively with the remainder of the original sentence. However, the …

(1) The board may adopt any rules that it considers proper or necessary with respect to the eligibility of prisoners for parole, the conduct of parole and parole revocation hearings, videoconference hearings, telephone conference administrative reviews, progress reviews, clemency…

(1) (a) "Clemency" means kindness, mercy, or leniency that may be exercised by the governor toward a convicted person. The governor may grant clemency in the form of: (i) the remission of fines or forfeitures; (ii) the commutation of a sentence to one that is less severe; (iii) r…

After a hearing panel has considered an application for executive clemency and has by majority vote favored a hearing or the governor has determined that a hearing is appropriate, the hearing panel shall pass an order in substance as follows: "Whereas, the Board of Pardons and Pa…

The board must cause a copy of such order to be published in the newspaper therein designated at least once a week for 2 weeks prior to the hearing and, at the same time, cause to be deposited in the post office at the seat of government, postpaid, a copy of said order and notice…