Montana Code 46-23-1021. Supervision on parole
46-23-1021. Supervision on parole. (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.
Terms Used In Montana Code 46-23-1021
- Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- 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
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
(2)The department shall assign personnel to assist a person who is eligible for parole in preparing a parole plan. Department personnel shall make a report of their efforts and findings to the board prior to its consideration of the case of the eligible person.
(3)A copy of the conditions of parole must be signed by the parolee and given to the parolee and to the parolee’s probation and parole officer, who shall report on the parolee’s progress under the rules of the board.
(4)The probation and parole officer shall regularly advise and consult with the parolee, use effective communication strategies and other evidence-based practices, assist the parolee in adjusting to community life, and inform the parolee of the restoration of rights on successful completion of the sentence.
(5)The probation and parole officer shall keep records as the board or department may require. All records must be entered in the master file of the individual.
(6)(a) Upon recommendation of the probation and parole officer, the board may conditionally discharge a parolee from supervision before expiration of the parolee’s sentence if the board determines that a conditional discharge from supervision is in the best interests of the parolee and society and will not present unreasonable risk of danger to the victim of the offense.
(b)Any of the achievements listed in 46-23-1027(2) must be considered a significant achievement by the board in deciding whether to grant a conditional discharge from supervision to a parolee.
(c)If the board discharges a parolee from supervision, the department is relieved of the obligation of supervising the parolee.
(d)For good cause, the board may return a parolee who was conditionally discharged to the status of a regular parolee.
(e)Subsection (6)(a) does not prohibit the board from revoking the parole, as provided in 46-23-1025, of a parolee who has been conditionally discharged from supervision.