reglab/housing_qa huggingface dataset:
MT Code § 46-23-1001 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1001. Definitions

  46-23-1001. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Absconding" means when an offender deliberately makes the offender's whereabouts unknown to a probation and parole officer or fails to report for the purposes of avoiding supervision, and reasonable efforts by the probation and parole officer to locate the offender have been unsuccessful.   (2) "Board" means the board of pardons and parole provided for in 2-15-2305.   (3) "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.   (4) "Department" means the department of corrections provided for in 2-15-2301.   (5) "Misdemeanor probation officer" means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005.   (6) "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.   (7) "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.   (8) "Probation and parole officer" means an officer employed by the department pursuant to 46-23-1002.   History: En. 95-3301 by Sec. 7, Ch. 333, L. 1975; R.C.M. 1947, 95-3301; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 233, Ch. 546, L. 1995; amd. Sec. 11, Ch. 392, L. 2017; amd. Sec. 1, Ch. 235, L. 2019.
MT Code § 46-23-1002 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1002. Powers of department

  46-23-1002. Powers of department. The department may:   (1) appoint probation and parole officers and other employees necessary to administer this part;   (2) authorize probation and parole officers to carry firearms, including concealed firearms, when necessary. The department shall adopt rules establishing firearms training requirements and procedures for authorizing the carrying of firearms.   (3) adopt rules for the conduct of persons placed on parole or probation, except that the department may not make any rule conflicting with conditions of parole imposed by the board or conditions of probation imposed by a court; and   (4) adopt rules to administer the rental voucher program the department may implement pursuant to 46-23-1041.   History: En. 95-3302 by Sec. 8, Ch. 333, L. 1975; R.C.M. 1947, 95-3302; amd. Sec. 1, Ch. 639, L. 1989; amd. Sec. 4, Ch. 179, L. 2017.
MT Code § 46-23-1003 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1003. Qualifications of probation and parole officers

  46-23-1003. Qualifications of probation and parole officers. (1) (a) Probation and parole officers must have at least a college degree and some formal training in behavioral sciences. Exceptions to this rule must be approved by the department. Related work experience in the areas listed in subsection (1)(b) may be substituted for educational requirements at the rate of 1 year of experience for 9 months formal education if approved by the department. All present employees are exempt from this requirement but are encouraged to further their education at the earliest opportunity.   (b) Work experience that may be substituted for the educational requirements in subsection (1)(a) includes experience in the areas of criminology, education, medicine, psychiatry, psychology, law, law enforcement, social work, sociology, psychiatric nursing, or guidance and counseling.   (2) Each probation and parole officer shall, through a source approved by the officer's employer, obtain 16 hours a year of training in subjects relating to the powers and duties of probation officers, at least 1 hour of which must include training on serious mental illness and recovery from serious mental illness. In addition, each probation and parole officer must receive training in accordance with standards adopted by the Montana public safety officer standards and training council established in 2-15-2029. The training must be at the Montana law enforcement academy unless the council finds that training at some other place is more appropriate.   History: En. 95-3302.1 by Sec. 4, Ch. 333, L. 1975; R.C.M. 1947, 95-3302.1; amd. Sec. 2, Ch. 544, L. 1987; amd. Sec. 2, Ch. 809, L. 1991; amd. Sec. 19, Ch. 506, L. 2007; amd. Sec. 6, Ch. 209, L. 2013; amd. Sec. 12, Ch. 392, L. 2017.
MT Code § 46-23-1004 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1004. Duties of department

  46-23-1004. Duties of department. The department is responsible for any investigation and supervision requested by the board or the courts for felony offenders. The department shall:   (1) divide the state into districts and assign probation and parole officers to serve in these districts and courts;   (2) obtain any necessary office quarters for the staff in each district;   (3) assign the secretarial, bookkeeping, and accounting work to the clerical employees, including receipt and disbursement of money;   (4) direct the work of the probation and parole officers and other employees;   (5) formulate methods of investigation, supervision, recordkeeping, and reports;   (6) conduct training courses for the staff, including initial training on risk assessment and evidence-based practices for new probation and parole officers and regular training for all probation and parole officers. Performance reviews of probation and parole officers must incorporate the requirements for training on risk assessment and other evidence-based practices.   (7) cooperate with all agencies, public and private, that are concerned with the treatment or welfare of persons on probation or parole;   (8) administer the Interstate Compact for Adult Offender Supervision; and   (9) notify the employer of a probationer or parolee if the probationer or parolee has been convicted of an offense involving theft from an employer.   History: En. Sec. 8, Ch. 153, L. 1955; Sec. 94-9828, R.C.M. 1947; redes. 95-3210 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 85, Ch. 120, L. 1974; Sec. 95-3210, R.C.M. 1947; amd. and redes. 95-3303 by Sec. 9, Ch. 333, L. 1975; R.C.M. 1947, 95-3303; amd. Sec. 1, Ch. 499, L. 1995; amd. Sec. 3, Ch. 493, L. 2001; amd. Sec. 93, Ch. 114, L. 2003; amd. Sec. 3, Ch. 199, L. 2017.
MT Code § 46-23-1005 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1005. Misdemeanor probation offices -- misdemeanor probation officers -- costs

  46-23-1005. Misdemeanor probation offices -- misdemeanor probation officers -- costs. (1) A local government may establish a misdemeanor probation office associated with a justice's court, municipal court, or city court. The misdemeanor probation office shall monitor offenders for misdemeanor sentence compliance and restitution payments. An offender is considered a fugitive under the conditions provided in 46-23-1014.   (2) A local government may appoint or contract with a private Montana entity for the provision of misdemeanor probation officers and other employees necessary to administer this section. Misdemeanor probation officers:   (a) must have the minimum training required in 46-23-1003; and   (b) shall follow the supervision guidelines required in 46-23-1011.   (3) A publicly employed misdemeanor probation officer may order the arrest of an offender as provided in 46-23-1012.   (4) An offender who is convicted of the offense of partner or family member assault under 45-5-206 or of a violation of an order of protection under 45-5-626 and who is ordered to be supervised by misdemeanor probation must be ordered to pay for the cost of the misdemeanor probation. The actual cost of probation supervision over the offender's sentence must be paid by the offender unless the offender can show that the offender is unable to pay those costs. The costs of misdemeanor probation are in addition to any other fines, restitution, or counseling ordered.   History: En. Sec. 18, Ch. 350, L. 1995; amd. Sec. 2, Ch. 235, L. 2019.
MT Code § 46-23-1006 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1006. through 46-23-1009 reserved

  46-23-1006 through 46-23-1009 reserved.
MT Code § 46-23-1010 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1010. Sexual offenders -- electronic monitoring program -- contract -- rules

  46-23-1010. Sexual offenders -- electronic monitoring program -- contract -- rules. (1) The department shall establish a program for the continuous, satellite-based monitoring of sexual offenders designated as level 3 offenders under 46-23-509. The program may include:   (a) time-correlated and continuous tracking of the geographic location of a monitored person using a global positioning system based on satellite and other location-tracking technology;   (b) reporting of a monitored person's violation of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day, passive reporting to near-real-time, active reporting.   (c) an automated system that allows local and state law enforcement officials to compare the geographic positions of a monitored person with reported criminal incidents to determine whether the monitored person was at or near the scene of a reported criminal incident and to include or exclude a monitored person from the investigation of a criminal incident.   (2) The department shall adopt rules for the establishment and operation of the program required under subsection (1), including rules establishing supervisory fees. The department may consult with state and local law enforcement officials in developing the rules.   (3) The department shall contract with a single vendor for the procurement of the equipment and services needed to monitor persons under the program and correlate the movements of monitored persons to reported criminal incidents. The contract may provide for equipment and services necessary to implement or facilitate any of the provisions of this section and for the collection and disposition of the fees provided for in 46-23-1031 and may allow for the reasonable cost of collection of the proceeds.   History: En. Sec. 2, Ch. 360, L. 2005.
MT Code § 46-23-1012 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1012. Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention

  46-23-1012. Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention. (1) At any time during probation, if a probation and parole officer reasonably believes that the probationer has violated a condition of probation, a court may issue a warrant for the arrest of the probationer or a county attorney may issue a notice to appear to answer to a charge of probation violation. The notice must be personally served upon the probationer. The warrant must authorize law enforcement officers to return the probationer to any suitable detention center.   (2) Any probation and parole officer may arrest the probationer without a warrant or may orally deputize any other officer with power of arrest to do so by giving the officer oral authorization and within 12 hours delivering to the detention center a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. A written statement or oral authorization delivered with the probationer by the arresting officer to the official in charge of a detention center is sufficient warrant for the detention of the probationer if the probation and parole officer delivers the written statement within 12 hours of the probationer's arrest. The probation and parole officer, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation.   (3) A probation and parole officer may authorize a detention center to hold a probationer arrested under this section without bail for 72 hours. Within 72 hours following the probationer's detention, the probation and parole officer shall:   (a) authorize the detention center to release the probationer;   (b) hold an intervention hearing pursuant to 46-23-1015; or   (c) arrange for the probationer to appear before a magistrate to set bail. In setting bail, the provisions of chapter 9 of this title regarding release on bail of persons charged with a crime apply.   (4) If the probationer is detained and bond is set, the probation and parole officer shall file a report of violation within 10 days of the arrest of the probationer.   (5) After the probation and parole officer files a report of violation, the court may proceed with revocation of probation in the manner provided in 46-18-203.   History: En. Sec. 11, Ch. 153, L. 1955; Sec. 94-9831, R.C.M. 1947; redes. 95-3213 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3213, R.C.M. 1947; redes. 95-3305 by Sec. 15, Ch. 333, L. 1975; R.C.M. 1947, 95-3305(part); amd. Sec. 3, Ch. 505, L. 1999; amd. Sec. 5, Ch. 493, L. 2001.
MT Code § 46-23-1013 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1013. Repealed

  46-23-1013. Repealed. Sec. 7, Ch. 493, L. 2001.   History: En. Sec. 11, Ch. 153, L. 1955; Sec. 94-9831, R.C.M. 1947; redes. 95-3213 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3213, R.C.M. 1947; redes. 95-3305 by Sec. 15, Ch. 333, L. 1975; R.C.M. 1947, 95-3305(part).
MT Code § 46-23-1014 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1014. When probationer considered a fugitive

  46-23-1014. When probationer considered a fugitive. A probationer or defendant under suspension of sentence for whose return a warrant has been issued by the court shall after the issuance of the warrant, if it is found that such warrant cannot be served, be deemed a fugitive from or to have fled from justice.   History: En. Sec. 11, Ch. 153, L. 1955; Sec. 94-9831, R.C.M. 1947; redes. 95-3213 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3213, R.C.M. 1947; redes. 95-3305 by Sec. 15, Ch. 333, L. 1975; R.C.M. 1947, 95-3305(part).
MT Code § 46-23-1015 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|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.   (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.   History: En. Sec. 6, Ch. 493, L. 2001; amd. Sec. 4, Ch. 517, L. 2005; amd. Sec. 13, Ch. 390, L. 2017; amd. Sec. 4, Ch. 391, L. 2017.
MT Code § 46-23-1016 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1016. Commitments to department -- report to sentencing court -- data

  46-23-1016. Commitments to department -- report to sentencing court -- data. (1) If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for the placement and written notice to the sentencing court within 40 days after the placement decision.  (2) The department shall collect and analyze data on:   (a) court placement recommendations and department placement decisions for offenders sentenced pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii); and   (b) the number and type of new criminal offenses committed by offenders under the department's supervision.   (3) (a) Beginning September 1, 2022, the department shall collect data and report no later than September 1 of each year to the law and justice interim committee and the criminal justice oversight council on offenders who were under the department's supervision during the previous fiscal year and were:   (i) convicted of a new felony offense; or   (ii) revoked for a violation of the terms and conditions of a suspended or deferred sentence and the violation:   (A) is a compliance violation as defined in 46-18-203; or   (B) is not a compliance violation as defined in 46-18-203.   (b) The report must include the offenses or violations that triggered the report.   History: En. Sec. 1, Ch. 482, L. 2021.
MT Code § 46-23-1017 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1017. through 46-23-1019 reserved

  46-23-1017 through 46-23-1019 reserved.
MT Code § 46-23-1020 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 10. Supervision of Probationers and Parolees|46-23-1020. Conditional discharge -- definition -- revocation

  46-23-1020. Conditional discharge -- definition -- revocation. (1) (a) A conditional discharge granted under 46-23-1011 or 46-23-1021 is:   (i) a discharge from supervision by the department for the time remaining on the sentence imposed if the probationer or parolee complies with all the conditions imposed by the district court or the board; and   (ii) a release from the obligation to pay supervision fees imposed as part of a sentence or as terms of parole or probation.   (b) If an individual who has been granted a conditional discharge under 46-23-1011 or 46-23-1021 becomes a resident of another state, the conditional discharge must be construed as a discharge of the imposed sentence subject to revocation as provided in subsection (2).   (2) A conditional discharge may be revoked if, within the time remaining on the sentence that was conditionally discharged, the individual:   (a) is charged with a felony offense;   (b) is charged with a misdemeanor offense for which the individual could be sentenced to incarceration for a period of more than 6 months; or   (c) violates any condition imposed by the district court or the board.   (3) A sexual or violent offender who is subject to lifetime supervision by the department is not eligible for a conditional discharge from supervision.   History: En. Sec. 1, Ch. 228, L. 2009.