Montana Code 46-23-1025. Report to and action by board
46-23-1025. Report to and action by board. (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 board and shall submit in writing a report showing in what manner the prisoner has violated the conditions of release and describe the exhaustion of appropriate violation responses according to the department‘s incentives and interventions grid. This report must be accompanied by the findings of the hearings officer and placed in the offender’s file.
Terms Used In Montana Code 46-23-1025
- Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
- 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
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)Upon receipt of a report, the board shall cause the prisoner to be promptly brought before a hearing panel for a hearing on the violation charged under rules that the board may adopt. The hearing may be conducted via interactive videoconference. If the violation is established and the hearing panel finds that the violation is a compliance violation and that appropriate violation responses under the department’s incentives and interventions grid have not been exhausted, the panel shall notify the department and refer the matter back to the hearings officer. If the violation is established and the hearing panel finds that the violation is a compliance violation and that appropriate violation responses under the department’s incentives and interventions grid have been exhausted, the hearing panel may:
(a)continue the parole without a change in conditions; or
(b)continue the parole with modified or additional terms and conditions, which may include placement in:
(i)a secure facility designated by the department for up to 9 months; or
(ii)a community corrections facility or program designated by the department for up to 9 months, 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.
(3)If the hearing panel finds that the violation is not a compliance violation, the panel may:
(a)continue the parole without a change in conditions;
(b)continue the parole with modified or additional terms and conditions, which may include placement as provided in subsection (2)(b) for up to 9 months; or
(c)revoke the parole or enter an order as the hearing panel sees fit.
(4)If the prisoner has violated a condition of release requiring the payment of restitution, the supervising parole officer shall notify the victim of the offense prior to the hearing required by 46-23-1024 and give the victim an opportunity to provide written or oral comment.
(5)If the hearing panel finds that because of circumstances beyond the prisoner’s control the prisoner is unable to make the required restitution payments, the hearing panel may not revoke the prisoner’s parole for failure to pay restitution. The hearing panel may modify the time or method of making restitution and may extend the restitution schedule, but the schedule may not be extended beyond the period of state supervision over the prisoner.
(6)If the hearing panel determines that the prisoner has violated the provisions of release, the hearing panel shall determine the amount of time, if any, that will be counted as time served while the prisoner was in violation of the provisions of release.
(7)All decisions regarding sanctions, placements, or revocation must be documented in the offender’s file.