Title 46, Title 46

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…

Prior to the time set for hearing, proof of the publication of notice must be made by the publisher or managing agent.

No publication need be made as provided in 46-23-302, 46-23-303, and 46-23-304 in the following cases: (1) when there is imminent danger of the death of the person convicted or imprisoned; (2) when the term of imprisonment of the applicant is within 10 days of its expiration.

At the hearing, the hearing panel must cause to be kept a record showing: (1) the names of all persons appearing before the hearing panel on behalf of the person seeking clemency from the governor; (2) the names of all persons appearing before the hearing panel in opposition to t…

Within 30 days after the hearing of a case, the hearing panel shall make a recommendation in writing and a copy of the recommendation, together with all papers used in each case, must be immediately transmitted to the governor.

The governor has the power to grant respites after conviction and judgment for any offenses committed against the criminal laws of the state for the time that the governor thinks proper. The governor may grant a respite upon application of a person authorized to apply for executi…

The governor shall, as provided in 5-11-210, report to the legislature each case of remission of fine or forfeiture, respite, commutation, or pardon granted since the previous report, stating the name of the convict, the crime of which the convict was convicted, the sentence and …

Section 46-18-255 and this part may be cited as the "Sexual or Violent Offender Registration Act".

As used in Title 45, chapter 5, part 3 and parts 5 through 7, 46-18-255, and this part, the following definitions apply: (1) "Department" means the department of corrections provided for in 2-15-2301. (2) "Foreign offenses" means a conviction for a sexual offense involving any of…

(1) A sexual or violent offender who is released from the custody of the department of corrections must be informed in writing not less than 10 days prior to release of the duty to register under this part by the official in charge of the place of confinement. (2) Prior to the of…

(1) Except as provided in 41-5-1513 and 45-5-503(5), a sexual or violent offender: (a) shall register immediately upon conclusion of the sentencing hearing if the offender is not sentenced to confinement or is not sentenced to the department and placed in confinement by the depar…

(1) If an offender required to register under this part has a change of name or residence or a change in student, employment, or transient status, the offender shall within 3 business days of the change appear in person and give notification of the change to the registration agen…

(1) A sexual offender required to register under this part shall register for the remainder of the sexual offender's life, except as provided in subsection (3) or during a period of time during which the sexual offender is in prison. (2) (a) A violent offender required to registe…

(1) A sexual or violent offender who knowingly fails to register, verify registration, or keep registration current under this part may be sentenced to a term of imprisonment of not more than 5 years or may be fined not more than $10,000, or both. (2) (a) Violent offenders who we…

(1) Information maintained under this part is confidential criminal justice information, as defined in 44-5-103, except that: (a) the name and address of a registered sexual or violent offender are public criminal justice information, as defined in 44-5-103; and (b) the departmen…

(1) Prior to sentencing of a person convicted of a sexual offense, a sexual offender evaluator who has a license endorsement as provided for in 37-1-139 shall provide the court with a psychosexual evaluation report recommending one of the following levels of designation for the o…

Upon final reversal of a conviction of a sexual or violent offense, the sentencing court shall order the expungement of any records kept by a court, law enforcement agency, or other state or local government agency under this part.

A state or local governmental entity, a private entity, or an officer or employee of an entity is not liable in negligence, except gross negligence or willful or wanton misconduct, for damages arising from a good faith discretionary release or dissemination of or good faith failu…

A defendant convicted of an offense that would otherwise not be subject to registration under this part may agree to comply with the registration requirements of this part as part of a plea agreement, and a court accepting the plea agreement may order the defendant to comply with…

(1) The department of justice shall develop a statewide community education curriculum regarding release of sexual or violent offenders into a community. (2) The curriculum developed under subsection (1) must contain information: (a) for communities and neighborhoods regarding th…

The legislature declares that the purposes of this chapter are to: (1) protect the role of crime victims and witnesses in the criminal justice process; (2) assure that victims and witnesses of crime receive fair and proper treatment from law enforcement agencies and prosecutors; …

The Montana law enforcement academy shall offer education and training in victim assistance to law enforcement officers and prosecuting attorneys and shall provide such education and training in its regular curriculum, so that victims may be properly assisted.

The attorney general shall ensure that victims and witnesses of crime receive fair and proper treatment in the criminal justice system. The attorney general shall prepare a written notice of the rights and services available to victims of crime under this chapter. The notice must…

As soon as possible prior to disposition of the case, the prosecuting attorney in a criminal case shall consult with the victim of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim or, in the case of a minor child vic…

Nothing in this chapter may be construed to create a cause of action for damages against the state or one of its political subdivisions.

(1) Except as provided in subsection (2), a victim of a criminal offense has the right to be present during any trial or hearing conducted by a court that pertains to the offense, including a court proceeding conducted under Title 41, chapter 5. A victim of a criminal offense may…

(1) Law enforcement personnel shall ensure that a victim of a crime receives emergency social and medical services as soon as possible and that the victim is given written notice, in the form supplied by the attorney general, of the following: (a) the availability of crime victim…

Law enforcement officers and prosecuting attorneys shall provide a victim or witness information on the availability of services to protect the victim or witness from intimidation, including the process for obtaining a protective order from the court.

(1) A person described in subsection (2) who provides the appropriate official with a current address and telephone number must receive prompt advance notification, if possible, of proceedings relating to the person's case, including: (a) the arrest of an accused; (b) the release…

(1) As soon as practicable, the prosecuting attorney shall notify a victim or witness of any scheduling changes that may affect the appearance of the victim or witness at a criminal justice proceeding that the victim or witness is scheduled to attend. (2) For the purpose of provi…

(1) The law enforcement agency or prosecuting attorney in a criminal case shall assist a victim or witness who requests assistance in informing an employer that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or wit…

(1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim's property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property. (2) Before the destruction, disposal, or use of evidence that is …

If the defendant appeals or pursues a postconviction remedy or the district court grants a hearing under Title 41, chapter 5, part 25, the attorney general or the county attorney if the case has not been referred to the attorney general shall promptly inform the victim of the not…