reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-207. Penalty for disobedience

46-23-207. Penalty for disobedience.
Any person who without just cause fails or refuses to attend and testify, to answer any lawful inquiry, or to produce records, books, papers, and other documents if it is in the person's power to do so in obedience to a subpoena of the board or any member of the board shall be punished by a fine of not more than $200, by imprisonment for not longer than 60 days, or by both. Each day that a violation continues is considered to be a separate offense.
History: En. Sec. 16, Ch. 153, L. 1955; Sec. 94-9836, R.C.M. 1947; redes. 95-3218 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3218(part); amd. Sec. 1766, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-215. Conditions of parole

46-23-215. Conditions of parole.
(1) A prisoner while on parole remains in the legal custody of the department but is subject to the orders of the board.
(2) (a) When a hearing panel issues an order for parole, the order must recite the conditions of parole. The hearing panel shall consider the parole guidelines governing conditions and the parole plan provided by the department before imposing conditions of parole to address the prisoner's criminogenic factors. If restitution was imposed as part of the sentence under 46-18-201, the order of parole must contain a condition to pay restitution to the victim. The prisoner may not be paroled until the prisoner provides a biological sample for purposes of Title 44, chapter 6, part 1, if the prisoner has not already done so under 44-6-103 and if the prisoner was convicted of, or was found under 41-5-1502 to have committed, a sexual offense or violent offense.
(b) The board may require the prisoner convicted of a sexual offense to refrain from direct or indirect contact with a victim of the crime or with an immediate family member of the victim. If a victim or an immediate family member requests that the prisoner not contact the victim or immediate family member, the board shall require the prisoner to refrain from contact with the victim or immediate family member. If the victim is a minor, a parent or guardian of the victim may make the request on the victim's behalf.
(c) An order for parole or any parole agreement signed by a prisoner may contain a clause waiving extradition.
(3) Whenever a hearing panel grants a parole to a prisoner on the condition that the prisoner obtain employment or secure suitable living arrangements or on any other condition that is difficult to fulfill while incarcerated, the hearing panel or the presiding officer of the board may grant the prisoner a furlough, not to exceed two consecutive 10-day periods, for purposes of fulfilling the condition. While on furlough, the prisoner is not on parole and is subject to official detention as defined in 45-7-306. The prisoner remains in the legal custody of the department and is subject to all other conditions ordered by the hearing panel or the presiding officer of the board.
(4) For the purposes of this section, "sexual offense" and "violent offense" have the meanings provided in 46-23-502.
History: En. Sec. 12, Ch. 153, L. 1955; Sec. 94-9832, R.C.M. 1947; redes. 95-3214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 86, Ch. 120, L. 1974; amd. Sec. 3, Ch. 312, L. 1975; amd. Sec. 60, Ch. 184, L. 1977; amd. Sec. 3, Ch. 340, L. 1977; amd. Sec. 3, Ch. 580, L. 1977; R.C.M. 1947, 95-3214(4); amd. Sec. 1, Ch. 1, Sp. L. 1982; amd. Sec. 3, Ch. 392, L. 1987; amd. Sec. 24, Ch. 125, L. 1995; amd. Sec. 10, Ch. 189, L. 1997; amd. Sec. 6, Ch. 147, L. 1999; amd. Sec. 8, Ch. 491, L. 1999; amd. Sec. 7, Ch. 559, L. 2003; amd. Sec. 8, Ch. 102, L. 2011; amd. Sec. 2, Ch. 113, L. 2015; amd. Sec. 9, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-216. Duration of parole

46-23-216. Duration of parole.
(1) A prisoner on parole is considered released on parole until the expiration of the maximum term or terms for which the prisoner was sentenced.
(2) The period served on parole must be considered service of the term of imprisonment, and subject to the provisions contained in 46-23-1023 through 46-23-1026 relating to a prisoner who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. When a prisoner on parole has performed the obligations of the release, the board shall make a final order or discharge and issue a certificate of discharge to the prisoner.
History: (1)En. Sec. 13, Ch. 153, L. 1955; Sec. 94-9833, R.C.M. 1947; redes. 95-3215 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 87, Ch. 120, L. 1974; amd. Sec. 4, Ch. 312, L. 1975; amd. Sec. 61, Ch. 184, L. 1977; amd. Sec. 4, Ch. 340, L. 1977; Sec. 95-3215, R.C.M. 1947, 95-3215; (2)En. Sec. 20, Ch. 153, L. 1955; Sec. 94-9840, R.C.M. 1947; redes. 95-3222 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3222, R.C.M. 1947; R.C.M. 1947, 95-3215, 95-3222; amd. Secs. 6, 7, Ch. 372, L. 1995; amd. Sec. 8, Ch. 559, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-217. Service of term for additional crime

46-23-217. Service of term for additional crime.
A prisoner who commits a crime while imprisoned in a state prison or while released on parole or under the supervised release program and who is convicted and sentenced for the crime shall serve the sentence consecutively with the remainder of the original sentence. However, the prisoner remains eligible for parole consideration under 46-23-201 in regard to the original sentence. If paroled from the original sentence, the prisoner shall begin serving the subsequent sentence.
History: En. Sec. 19, Ch. 153, L. 1955; Sec. 94-9839, R.C.M. 1947; redes. 95-3221 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3221; amd. Sec. 28, Ch. 116, L. 1979; amd. Sec. 3, Ch. 188, L. 1989; amd. Sec. 8, Ch. 372, L. 1995; amd. Sec. 9, Ch. 491, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-218. Authority of board to adopt rules -- purpose for training -- data collection

46-23-218. Authority of board to adopt rules -- purpose for training -- data collection.
(1) The board may adopt any rules that it considers proper or necessary with respect to the eligibility of prisoners for parole, the conduct of parole and parole revocation hearings, videoconference hearings, telephone conference administrative reviews, progress reviews, clemency proceedings, the conditions to be imposed upon parolees, the training of board members regarding American Indian culture and problems, and other matters pertinent to service on the board.
(2) The legislature finds that American Indians incarcerated in state prisons constitute a disproportionate percentage of the total inmate population when compared to the American Indian population percentage of the total state population. The training of board members regarding American Indian culture and problems is necessary in order for the board to deal appropriately with American Indian inmates appearing before the board.
(3) In consultation with the department, the board shall adopt rules to establish:
(a) parole guidelines to structure and guide parole release decisions and the imposition of release conditions. The guidelines must include, in decreasing order of importance, the prisoner's:
(i) risk and needs levels, as determined by a validated risk and needs assessment;
(ii) participation in risk-reducing programs and treatment;
(iii) institutional behavior as reflected by disciplinary records; and
(iv) offense severity.
(b) a process by which a prisoner who has been denied parole and has more than 1 year before a scheduled hearing or review may request an earlier hearing or review; and
(c) criteria for consideration of conditional discharges, which must include supervision compliance, residential stability, employment stability, engagement in treatment, and other factors indicative of adequate reentry stability.
(4) The board and the department shall compile data to validate the parole guidelines after gathering recidivism results for the last 3 years and every 5 years thereafter. The board may adopt rules to govern the transition to use of parole guidelines. The data collection must start by April 2018.
(5) The board shall annually assess and prioritize inservice training needs and arrange for training to strengthen knowledge and skills needed for case assessment, interviewing, and parole decisionmaking. Board members, parole analysts, and the hearings officers shall attend the training, as well as other board and department staff as needed.
History: En. Sec. 12, Ch. 153, L. 1955; Sec. 94-9832, R.C.M. 1947; redes. 95-3214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 86, Ch. 120, L. 1974; amd. Sec. 3, Ch. 312, L. 1975; amd. Sec. 60, Ch. 184, L. 1977; amd. Sec. 3, Ch. 340, L. 1977; amd. Sec. 3, Ch. 580, L. 1977; R.C.M. 1947, 95-3214(5); amd. Sec. 3, Ch. 450, L. 1999; amd. Sec. 9, Ch. 559, L. 2003; amd. Sec. 9, Ch. 102, L. 2011; amd. Sec. 10, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-302. Order for hearing on application for executive clemency

46-23-302. Order for hearing on application for executive clemency.
After a hearing panel has considered an application for executive clemency and has by majority vote favored a hearing or the governor has determined that a hearing is appropriate, the hearing panel shall pass an order in substance as follows:
"Whereas, the Board of Pardons and Parole has officially received an application for executive clemency concerning ...., a convict confined in the state prison (or concerning ...., who has been found guilty of an offense committed against the laws of the state), who was convicted of the crime of.... committed at ...., in the county of ...., State of Montana, on the .... day of ...., 20..., and sentenced for a term of .... years.
Therefore, it is ordered that ...., the .... day of ...., 20..., is set for the consideration of the executive clemency matter and all persons having an interest in the matter who desire to be heard either for or against the granting of the pardon, commutation, restoration of citizenship, or remission or suspension of fine or forfeiture are notified to be present at .... o'clock of that day, at .....
Further, it is ordered that a copy of this order be printed and published in the.... (here insert name of some newspaper of general circulation in the county where the crime was committed), a daily (or weekly) newspaper printed and published at ...., in the county of ...., once each week for 2 weeks beginning ...., 20..., and ending ....."
History: En. Sec. 22, Ch. 153, L. 1955; Sec. 94-9842, R.C.M. 1947; amd. Sec. 3, Ch. 73, L. 1973; redes. 95-3224 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3224; amd. Sec. 2, Ch. 561, L. 1989; amd. Sec. 228, Ch. 546, L. 1995; amd. Sec. 78, Ch. 51, L. 1999; amd. Sec. 11, Ch. 102, L. 2011; amd. Sec. 4, Ch. 96, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-303. Publication of order

46-23-303. Publication of order.
The board must cause a copy of such order to be published in the newspaper therein designated at least once a week for 2 weeks prior to the hearing and, at the same time, cause to be deposited in the post office at the seat of government, postpaid, a copy of said order and notice addressed to the district judge, county attorney, and sheriff, respectively, of the county where the crime was committed and in like manner mail a copy of the order to the applicant.
History: En. Sec. 23, Ch. 153, L. 1955; Sec. 94-9843, R.C.M. 1947; redes. 95-3225 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3225; amd. Sec. 3, Ch. 561, L. 1989.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-304. Proof of publication

46-23-304. Proof of publication.
Prior to the time set for hearing, proof of the publication of notice must be made by the publisher or managing agent.
History: En. Sec. 24, Ch. 153, L. 1955; Sec. 94-9844, R.C.M. 1947; redes. 95-3226 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3226.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-305. When publication not necessary

46-23-305. When publication not necessary.
No publication need be made as provided in 46-23-302, 46-23-303, and 46-23-304 in the following cases:
(1) when there is imminent danger of the death of the person convicted or imprisoned;
(2) when the term of imprisonment of the applicant is within 10 days of its expiration.
History: En. Sec. 26, Ch. 153, L. 1955; Sec. 94-9846, R.C.M. 1947; amd. and redes. 95-3228 by Sec. 28, Ch. 513, L. 1973; R.C.M. 1947, 95-3228.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-306. Record of hearing

46-23-306. Record of hearing.
At the hearing, the hearing panel must cause to be kept a record showing:
(1) the names of all persons appearing before the hearing panel on behalf of the person seeking clemency from the governor;
(2) the names of all persons appearing before the hearing panel in opposition to the granting of the same;
(3) the testimony of all persons giving evidence before the hearing panel;
(4) that the affidavit and return from the printer of the publication of the notice and order of hearing was on file prior to the hearing.
History: En. Sec. 25, Ch. 153, L. 1955; Sec. 94-9845, R.C.M. 1947; redes. 95-3227 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3227; amd. Sec. 29, Ch. 116, L. 1979; amd. Sec. 12, Ch. 102, L. 2011.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-307. Recommendation of hearing panel

46-23-307. Recommendation of hearing panel.
Within 30 days after the hearing of a case, the hearing panel shall make a recommendation in writing and a copy of the recommendation, together with all papers used in each case, must be immediately transmitted to the governor.
History: En. Sec. 27, Ch. 153, L. 1955; Sec. 94-9847, R.C.M. 1947; redes. 95-3229 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3229; amd. Sec. 4, Ch. 561, L. 1989; amd. Sec. 13, Ch. 102, L. 2011; amd. Sec. 5, Ch. 96, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-315. Authority of governor to grant respite -- application

46-23-315. Authority of governor to grant respite -- application.
The governor has the power to grant respites after conviction and judgment for any offenses committed against the criminal laws of the state for the time that the governor thinks proper. The governor may grant a respite upon application of a person authorized to apply for executive clemency and prior to any review or recommendation by the board of pardons and parole. A respite must be of temporary duration for a definite period of time. Any respite that is granted that stays the execution of a death warrant has the effect of postponing the execution of the warrant. In that case, if clemency is not granted, the death warrant is again in effect at the expiration of the period of respite and the execution must take place on the date of expiration of the respite.
History: En. Sec. 28, Ch. 153, L. 1955; Sec. 94-9848, R.C.M. 1947; redes. 95-3230 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3230; amd. Sec. 5, Ch. 561, L. 1989; amd. Sec. 229, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 3. Executive Clemency › 46-23-316. Governor's report to legislature

46-23-316. Governor's report to legislature.
The governor shall, as provided in 5-11-210, report to the legislature each case of remission of fine or forfeiture, respite, commutation, or pardon granted since the previous report, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, the date of remission, commutation, pardon, or respite, with the reason for granting the same, and the objection, if any, of any of the members of the board made to the action.
History: En. Sec. 29, Ch. 153, L. 1955; Sec. 94-9849, R.C.M. 1947; redes. 95-3231 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3231; amd. Sec. 6, Ch. 561, L. 1989; amd. Sec. 37, Ch. 112, L. 1991; amd. Sec. 1767, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-401. Repealed

46-23-401. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. Sec. 2, Ch. 288, L. 1969; amd. Sec. 92, Ch. 120, L. 1974; amd. Sec. 2, Ch. 496, L. 1975; R.C.M. 1947, 95-2218; amd. Sec. 1, Ch. 583, L. 1981; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 230, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-402. Repealed

46-23-402. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 1, Ch. 288, L. 1969; amd. Sec. 1, Ch. 496, L. 1975; R.C.M. 1947, 95-2217; amd. Sec. 30, Ch. 116, L. 1979; amd. Sec. 1, Ch. 635, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-403. Repealed

46-23-403. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 8, Ch. 288, L. 1969; amd. Sec. 8, Ch. 496, L. 1975; amd. Sec. 39, Ch. 184, L. 1977; R.C.M. 1947, 95-2224.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-404. Repealed

46-23-404. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 9, Ch. 288, L. 1969; R.C.M. 1947, 95-2225.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-405. Repealed

46-23-405. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. Secs. 3, 7, Ch. 288, L. 1969; amd. Secs. 3, 7, Ch. 496, L. 1975; R.C.M. 1947, 95-2219, 95-2223(1); amd. Sec. 2, Ch. 635, L. 1979; amd. Sec. 2, Ch. 583, L. 1981; amd. Sec. 25, Ch. 125, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-406. Repealed

46-23-406. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 7, Ch. 288, L. 1969; amd. Sec. 7, Ch. 496, L. 1975; R.C.M. 1947, 95-2223(2).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-411. Repealed

46-23-411. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. Sec. 4, Ch. 288, L. 1969; amd. Sec. 4, Ch. 496, L. 1975; amd. Sec. 2, Ch. 580, L. 1977; R.C.M. 1947, 95-2220; amd. Sec. 3, Ch. 635, L. 1979; amd. Sec. 3, Ch. 583, L. 1981; amd. Sec. 1, Ch. 445, L. 1989; amd. Sec. 18, Ch. 482, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-412. Repealed

46-23-412. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. Sec. 5, Ch. 288, L. 1969; amd. Sec. 5, Ch. 496, L. 1975; R.C.M. 1947, 95-2221(1), (5); amd. Sec. 4, Ch. 583, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-413. Repealed

46-23-413. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 5, Ch. 288, L. 1969; amd. Sec. 5, Ch. 496, L. 1975; R.C.M. 1947, 95-2221(7).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-414. Repealed

46-23-414. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 5, Ch. 288, L. 1969; amd. Sec. 5, Ch. 496, L. 1975; R.C.M. 1947, 95-2221(2) thru (4), (6).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-415. Repealed

46-23-415. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. Sec. 6, Ch. 288, L. 1969; amd. Sec. 6, Ch. 496, L. 1975; R.C.M. 1947, 95-2222.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-421. Repealed

46-23-421. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. 95-2226.1 by Sec. 9, Ch. 496, L. 1975; R.C.M. 1947, 95-2226.1(1); amd. Sec. 5, Ch. 583, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-422. Repealed

46-23-422. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. 95-2226.1 by Sec. 9, Ch. 496, L. 1975; R.C.M. 1947, 95-2226.1(2); amd. Sec. 4, Ch. 635, L. 1979; amd. Sec. 2, Ch. 328, L. 1981; amd. Sec. 6, Ch. 583, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-423. Repealed

46-23-423. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. 95-2226.1 by Sec. 9, Ch. 496, L. 1975; R.C.M. 1947, 95-2226.1(3).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-424. Repealed

46-23-424. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. 95-2226.1 by Sec. 9, Ch. 496, L. 1975; R.C.M. 1947, 95-2226.1(4).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-425. Repealed

46-23-425. Repealed.
Sec. 13, Ch. 583, L. 1981.
History: En. 95-2226.1 by Sec. 9, Ch. 496, L. 1975; R.C.M. 1947, 95-2226.1(5); amd. Sec. 5, Ch. 635, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 4. Supervised Release Program (Repealed) › 46-23-426. Repealed

46-23-426. Repealed.
Sec. 15, Ch. 322, L. 1997.
History: En. 95-2226.1 by Sec. 9, Ch. 496, L. 1975; R.C.M. 1947, 95-2226.1(6); amd. Sec. 7, Ch. 583, L. 1981; amd. Sec. 9, Ch. 372, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-501. Short title

46-23-501. Short title.
Section 46-18-255 and this part may be cited as the "Sexual or Violent Offender Registration Act".
History: En. Sec. 1, Ch. 293, L. 1989; amd. Sec. 4, Ch. 407, L. 1995; amd. Sec. 4, Ch. 375, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-503. Release of sexual or violent offender from place of confinement -- duties of official in charge

46-23-503. Release of sexual or violent offender from place of confinement -- duties of official in charge.
(1) A sexual or violent offender who is released from the custody of the department of corrections must be informed in writing not less than 10 days prior to release of the duty to register under this part by the official in charge of the place of confinement.
(2) Prior to the offender's release from custody, the official shall obtain and give to the department of justice and to the sheriff of the county in which the offender intends to reside or, if the offender intends to reside in a municipality, to the chief of police of the municipality:
(a) the address at which the offender intends to reside upon release from the department's custody;
(b) the offender's fingerprints and photo, unless they are already in the possession of the department of justice, sheriff, or chief of police; and
(c) a form signed by and read to or by the offender stating that the offender's duty to register under this part has been explained to the offender.
History: En. Sec. 4, Ch. 293, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 6, Ch. 407, L. 1995; amd. Sec. 232, Ch. 546, L. 1995; amd. Sec. 6, Ch. 375, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-507. Penalty

46-23-507. Penalty.
(1) A sexual or violent offender who knowingly fails to register, verify registration, or keep registration current under this part may be sentenced to a term of imprisonment of not more than 5 years or may be fined not more than $10,000, or both.
(2) (a) Violent offenders who were convicted of failing to register, verify registration, or keep registration current under this part after having successfully registered for 10 years and whose conviction occurred before October 1, 2021, must have their conviction vacated.
(b) Within 1 year from October 1, 2021, the department of justice shall provide notice to the appropriate district court for each conviction described in subsection (2)(a).
(c) Upon receiving notification from the department of justice, the district court shall, on its own motion, vacate the offender's conviction for failing to register, verify registration, or keep registration current.
(3) When the court vacates a conviction under this section, the court shall:
(a) send a copy of the order vacating the conviction to the prosecutor and the department of justice; and
(b) order the expungement of all records of arrest, investigation, and detention, and any court proceedings that may have been held by the court, the investigating law enforcement agency, or the department of justice related to the conviction.
(4) The prosecutor and the department of justice shall inform the person whose conviction has been vacated under this section that the conviction is vacated.
History: En. Sec. 8, Ch. 293, L. 1989; amd. Sec. 10, Ch. 407, L. 1995; amd. Sec. 9, Ch. 550, L. 1995; amd. Sec. 10, Ch. 375, L. 1997; amd. Sec. 2, Ch. 227, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-510. Expungement of records on reversal of conviction

46-23-510. Expungement of records on reversal of conviction.
Upon final reversal of a conviction of a sexual or violent offense, the sentencing court shall order the expungement of any records kept by a court, law enforcement agency, or other state or local government agency under this part.
History: En. Sec. 13, Ch. 375, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-511. Immunity from suit

46-23-511. Immunity from suit.
A state or local governmental entity, a private entity, or an officer or employee of an entity is not liable in negligence, except gross negligence or willful or wanton misconduct, for damages arising from a good faith discretionary release or dissemination of or good faith failure to release or disseminate information under this part.
History: En. Sec. 14, Ch. 375, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-512. Plea agreement agreeing to compliance with this part

46-23-512. Plea agreement agreeing to compliance with this part.
A defendant convicted of an offense that would otherwise not be subject to registration under this part may agree to comply with the registration requirements of this part as part of a plea agreement, and a court accepting the plea agreement may order the defendant to comply with this part.
History: En. Sec. 1, Ch. 358, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-520. Sexual or violent offender community education curriculum

46-23-520. Sexual or violent offender community education curriculum.
(1) The department of justice shall develop a statewide community education curriculum regarding release of sexual or violent offenders into a community.
(2) The curriculum developed under subsection (1) must contain information:
(a) for communities and neighborhoods regarding the provisions of this part as it relates to sexual or violent offenders, including the rights of residents of a community into which a sexual or violent offender is released and the duties and roles under this part of the department, law enforcement agencies, and the offender;
(b) for families and children regarding personal safety, including potential warning signs that may help to avoid victimization; and
(c) for communities, neighborhoods, families, and children regarding the restrictions imposed by 45-5-513.
(3) The curriculum developed under this section must be made available to law enforcement agencies, school districts, local governments, and other entities determined by the department of justice to be in a position to educate the public on the subject of the release of a sexual or violent offender into a community. The curriculum may be disseminated by any appropriate means, written or electronic, including by the internet.
History: En. Sec. 1, Ch. 222, L. 2001; amd. Sec. 3, Ch. 412, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 9. Statewide Multiagency Reentry Task Force (Repealed) › 46-23-901. Repealed

46-23-901. Repealed.
Sec. 2, Ch. 404, L. 2019.
History: En. Sec. 1, Ch. 176, L. 2013.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 9. Statewide Multiagency Reentry Task Force (Repealed) › 46-23-902. Repealed

46-23-902. Repealed.
Sec. 2, Ch. 404, L. 2019.
History: En. Sec. 2, Ch. 176, L. 2013.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 9. Statewide Multiagency Reentry Task Force (Repealed) › 46-23-903. Repealed

46-23-903. Repealed.
Sec. 2, Ch. 404, L. 2019.
History: En. Sec. 3, Ch. 176, L. 2013.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.