Montana Code 46-23-1028. Supervision responses grid — report
46-23-1028. Supervision responses grid — report. (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 supervision conditions, in a swift, certain, and proportional manner. The grid must include guidance and procedures to determine when and how to:
Terms Used In Montana Code 46-23-1028
- Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
- Parole: means the release to the community of a prisoner by the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department. See Montana Code 46-23-1001
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court. See Montana Code 46-23-1001
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)request a warrant or arrest without a warrant;
(b)use a 72-hour detention;
(c)initiate an intervention hearing;
(d)seek departmental approval to use up to 90-day interventions; and
(e)exhaust and document appropriate graduated violation responses before initiating the revocation process.
(2)The grid must recommend the least restrictive placement for offenders based on the result of a validated risk and needs assessment. Placement decisions must be documented in the offender’s file and must indicate any other less secure sanction options considered by the probation and parole officer before utilizing a higher level of custody.
(3)The department shall:
(a)provide information and training on the grid for probation and parole officers and supervisors and for members and staff of the board of pardons and parole;
(b)offer information and training on the grid to district court judges, prosecution and defense attorneys, law enforcement personnel, county detention center personnel, contracted service providers, and other interested personnel;
(c)review the grid every 5 years to ensure that it adheres to evidence-based practices and that the use of sanctions and incentives by probation and parole officers is consistent across the state;
(d)ensure that the guidance and procedures established in the grid consider community safety and the needs of the victim and offender;
(e)collect data relating to placement decisions based on the grid; and
(f)aggregate collected data and provide a report to the law and justice interim committee in accordance with 5-11-210.