Title 46

When a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ of habeas corpus for the purpose of giving bail upon averring that fact in the person's petition, without alleging that the person is illegally confined.

(1) Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner's behalf. It must specify: (a) that the petitioner is unlawfully imprisoned or restrained of liberty; (b) why the impriso…

(1) A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on behalf of any person restrained of liberty within the justice's or judge's jurisdiction. (2) When a writ of habeas corpus is issued, it may be made…

Any justice or judge authorized to grant a writ of habeas corpus shall grant the writ without delay if it appears that a writ ought to issue.

The writ of habeas corpus or any associated process may be issued and served on any day or at any time.

(1) The writ of habeas corpus must be directed to the person having custody of or restraining the person on whose behalf the application is made and must command that person to have the petitioner before the judge before whom the writ is returnable at a time and place specified. …

(1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon t…

(1) The person upon whom the writ is served shall make a return and state in that return: (a) (i) whether the petitioner is in that person's custody or under that person's power or restraint; and (ii) if the petitioner is in custody or otherwise restrained, the authority for and …

(1) The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person havin…

If the person commanded by the writ refuses to obey, that person must be adjudged in contempt of court.

The court before whom the writ is returned shall immediately proceed to hear and examine the return. The hearing may be summary in nature.

Evidence may be produced and compelled in preparation of a hearing as provided in Title 46, chapter 22.

(1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper. (2) If t…

An appeal may be taken to the supreme court by the prosecution from an order of judgment discharging the petitioner. The court may admit the petitioner to bail pending appeal as provided in 46-9-107. The appeal must be taken in the same manner as in civil actions.

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Absconding" means when an offender deliberately makes the offender's whereabouts unknown to a probation and parole officer or fails to report for the purposes of avoiding supervisio…

The department may: (1) appoint probation and parole officers and other employees necessary to administer this part; (2) authorize probation and parole officers to carry firearms, including concealed firearms, when necessary. The department shall adopt rules establishing firearms…

(1) (a) Probation and parole officers must have at least a college degree and some formal training in behavioral sciences. Exceptions to this rule must be approved by the department. Related work experience in the areas listed in subsection (1)(b) may be substituted for education…

The department is responsible for any investigation and supervision requested by the board or the courts for felony offenders. The department shall: (1) divide the state into districts and assign probation and parole officers to serve in these districts and courts; (2) obtain any…

(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.