Montana Code 46-23-1015. Informal probation violation intervention hearing
46-23-1015. Informal probation violation intervention hearing. (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 intervention hearing to gain the probationer’s compliance with the conditions of probation without a formal revocation hearing under 46-18-203.
Terms Used In Montana Code 46-23-1015
- Compliance violation: means a violation of the conditions of supervision that is not:
(a)a new criminal offense;
(b)possession of a firearm in violation of a condition of probation or parole;
(c)behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of an offense or a member of the victim's immediate family or support network;
(d)absconding; or
(e)failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders. See Montana Code 46-23-1001
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- Probation and parole officer: means an officer employed by the department pursuant to 46-23-1002. See Montana Code 46-23-1001
(2)A hearings officer designated by the department shall conduct the intervention hearing.
(3)If the hearings officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearings officer shall consult the incentives and interventions grid and determine an appropriate response, including whether to:
(a)order the probationer to serve, or receive credit for serving, up to 30 days in detention;
(b)recommend electronic monitoring or day reporting for up to a 90-day period;
(c)recommend placement in a community corrections facility or program for up to a 90-day period, including but not limited to placement in a prerelease center, sanction or hold bed, transitional living program, enhanced supervision program, relapse intervention bed, chemical dependency treatment, or 24/7 sobriety program; or
(d)direct the probation and parole officer to initiate a petition for revocation under 46-18-203, if the violation is not a compliance violation or if it is a compliance violation and appropriate responses under the incentives and interventions grid have been exhausted.
(4)If the hearings officer recommends a response under subsection (3)(b), the hearings officer shall notify the probationer of the recommendation and of the probationer’s right to instead have the matter referred by petition for a revocation hearing under 46-18-203.
(5)The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this section.
(6)All sanction and placement decisions must be documented in the offender’s file.