reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.1 - Organization › Rule 20.25.103 - DISSEMINATION OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department and board shall keep a record of the board's acts and decisions in
				accordance with
				46-23-110
				and
				46-23-1025,
				MCA. A recording may not personally identify the victim without the victim's
				consent.
(2) Members of the public
				may request a copy of the public records of the board as provided in
				2-6-1003,
				2-6-1006,
				2-6-1007,
				and
				46-23-110,
				MCA. The board may assert an individual's privacy interest on their behalf
				relating to content that implicates personal privacy or safety interests that
				clearly exceed the merits of public disclosure. That information will not be
				released.
(3) The board may limit
				the time and place that records may be inspected or copied in accordance with
				46-23-110,
				MCA.
(4) The board may not withhold
				from public scrutiny any more information than is required to protect an
				individual privacy interest.
(5)
				Whenever a crime victim asserts an individual privacy interest, the board may
				not disseminate to the public the name, address, telephone number, or place of
				employment of the victim or a member of the victim's family unless otherwise
				required by law.
(6) The board may
				not disseminate to the public any information directly or indirectly
				identifying the victim of the following sex crimes:
(a)
										45-5-502, MCA
				(Sexual Assault);
(b)
										45-5-503,
				MCA (Sexual Intercourse Without Consent);
(c)
										45-5-504, MCA
				(Indecent Exposure);
(d)
										45-5-507, MCA
				(Incest);
(e)
										45-5-702,
				MCA (Trafficking);
(f)
										45-5-703,
				MCA (Involuntary Servitude);
(g)
										45-5-704, MCA
				(Sexual Servitude); or
(h)
										45-5-705,
				MCA (Patronizing Victim of Sexual Servitude).
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.2 - Objectives of Release › Rule 20.25.201 - OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The principal objective of the board is
				to affect the release from confinement of appropriate eligible offenders before
				the completion of the full term of commitment while still fully protecting
				society. A hearing panel may only grant a release when, in the panel's opinion,
				there is a reasonable probability it can release the offender without detriment
				to the offender or the community. When a hearing panel grants a release the
				offender is subject to the conditions imposed by the panel and the supervision
				authorized by governing statutes, rules, and policies of the department. The
				board will conduct business fairly and consistently and the board's hearing
				panels will base decisions on public safety concerns, successful offender
				reentry, and sensible use of state resources.
(2) An offender must serve the statutorily or
				court-imposed amount of time before the board may consider the offender for
				release. Release before the offender serves the entire sentence is a privilege,
				not a right. A hearing panel may only grant a release for the best interest of
				society and when the panel believes the offender is able and willing to fulfill
				the obligations of a law-abiding citizen and not as an award of clemency or a
				reduction of sentence or pardon.
(3) The board's primary responsibility in
				making decisions about parole is public safety. The board applies Montana law
				in affording offenders with impartial hearings, respecting offender rights, and
				considering the safety of victims and the public.
(4) Board members and designated staff will
				participate in federal, state, and regional criminal justice planning efforts
				and meet periodically with relevant criminal justice personnel.
AUTH:
					 46-23-218,
					 MCA; IMP:
					 46-23-201,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.2 - Objectives of Release › Rule 20.25.202 - DEFINITIONS. (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 46-23-218,
					 MCA IMP:
					 46-23-103,
					 46-23-104,
					 46-23-218,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.301 - MINIMUM TIME; PERIODIC EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-201,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.302 - PAROLE PLAN

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  20.25.306
46-23-218, MCA; IMP,
					 46-23-215,
					 46-23-216,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.302A - MEDICAL PAROLE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  20.25.307
46-23-218, MCA; IMP,
					 46-23-210,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.303 - FURTHER ELIGIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.304 - ADDITIONAL CONSECUTIVE SENTENCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-217,
					 46-18-401,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.305 - ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) An offender in a state prison, the state
				hospital, the Montana Developmental Center, or the Montana Mental Health
				Nursing Care Center, or an offender who is sentenced to the state prison or
				committed to the department and who has been transferred from the prison to a
				prerelease center, or a youth who was sentenced to prison pursuant to
				41-5-206, MCA, and is confined in
				a youth correctional facility is eligible for parole unless the offender is
				under a sentence of death, the sentencing court has made the offender
				ineligible for parole, or the offender is ineligible for parole by operation of
				statute. The department shall receive parole eligibility dates for eligible
				offenders as calculated by the department pursuant to statutory and
				court-imposed criteria.
(a) An offender
				committed to the department and placed in prison temporarily for assessment or
				medical treatment is not eligible for parole.
(b) An offender against whom a detainer or
				hold is filed is eligible for parole.
(c) An offender committed to the director of
				the Department of Public Health and Human Services pursuant to
				46-14-312, MCA, is only eligible
				for parole when the offender is placed at the Montana State Hospital or in a
				prison.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.306 - PAROLE PLAN

Current through Register Vol. 13, July 5, 2024
(1) The board
				through its pre-parole program, will make available to offenders a copy of a
				packet outlining the parole process and the recommended parole release
				plan.
(2) Each offender who applies
				for a grant of parole should prepare a comprehensive release plan for the
				panel's consideration. The parole plan should include the following:
(a) the offender's proposed living
				situation;
(b) the offender's
				proposed gainful employment or other suitable means of support, or a training
				or schooling program;
(c) the
				offender's proposed aftercare programs; and
(d) the offender's proposed budget for
				payment of court-ordered fines, fees, restitution, and other financial
				obligations including child support.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.3 - Eligibility for Parole Consideration › Rule 20.25.307 - MEDICAL PAROLE

Current through Register Vol. 13, July 5, 2024
(1) Except for an
				offender under sentence of death or of life imprisonment without the
				possibility of parole, a hearing panel may release an offender on medical
				parole in accordance with
				46-23-210,
				MCA.
(2) An offender or other party
				specified in
				46-23-210, MCA,
				may submit an application for the offender's medical parole. The application
				must include the information required in
				46-23-210,
				MCA.
(3) The diagnosis must be
				reviewed and accepted by the department's medical director or designee before a
				hearing panel may hear the case for medical parole.
(4) In order to grant a medical parole a
				hearing panel must find:
(a) release of the
				offender is unlikely to pose a detriment to the offender, victim, or community;
				and
(b) the offender has a medical
				condition that requires extensive medical attention or the offender suffers
				from a medical condition that will likely cause his/her death within six months
				or less.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.4 - Release Hearings › Rule 20.25.401 - HEARING PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The presiding
				hearing panel member shall conduct hearings informally and shall have
				discretion to allow or not allow any proposed witness statements on recognized
				legal grounds. The board shall make a recording of all hearings in accordance
				with
				46-23-110,
				MCA.
(2) Interested persons who
				wish to appear before the hearing panel must comply with board requirements as
				posted on its website including:
(a) notify
				the board staff not less than ten working days prior to the regularly scheduled
				hearing; and
(b) inform the board
				staff of the reason they wish to appear before the hearing panel and the
				relationship of the person to the offender at whose hearing the person intends
				to appear.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.4 - Release Hearings › Rule 20.25.402 - ADMINISTRATIVE REVIEW AND REAPPEARANCE

Current through Register Vol. 13, July 5, 2024
(1) If
				the hearing panel does not grant parole at the initial parole hearing, the
				hearing panel shall set either a reappearance or an administrative review in
				accordance with
				46-23-201(5),
				MCA. If an administrative review is set, it will be conducted in accordance
				with the following:
(a) The purpose of
				administrative review is to consider any significant developments or changes in
				the offender's status that may have occurred subsequent to the last parole
				consideration; it is not a hearing, but is a review based on the
				record.
(b) For the administrative
				review, prison staff will prepare and submit to the board, a report outlining
				the offender's developments, including the offender's progress and conduct
				since the last consideration .
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.4 - Release Hearings › Rule 20.25.403 - EARLY CONSIDERATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever an
				offender's next scheduled administrative review is more than one year away, the
				offender may submit to the board a request for early consideration stating new
				information or change in circumstances that bears on their suitability for
				parole. An offender may not submit more than one request for early
				consideration annually.
(2) The
				passage of time alone is not considered new information.
(3) The board will screen the request to
				confirm that one of the following criteria for early consideration is met:
(a) a change in the offender's status since
				the last parole consideration tending to demonstrate the offender's ability and
				willingness to fulfill the obligations of a law-abiding member of the
				public;
(b) the offender has
				completed treatment or an educational program;
(c) the offender has fulfilled other
				conditions ordered by the hearing panel or has been unable to fulfill them due
				to factors outside the offender's control;
(d) the hearing panel's previous disposition
				was based on erroneous information or misinformation;
(e) the offender has developed a suitable
				release plan or there has been a substantial change in the offender's previous
				release plan to warrant reconsideration;
(f) the victim or community no longer objects
				to the offender's release; or
(g)
				correctional staff has made a recommendation for earlier administrative review
				or reappearance.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.5 - Hearing Panel Decisions › Rule 20.25.501 - DECISION AND RECONSIDERATION

Current through Register Vol. 13, July 5, 2024
(1) A final
				decision of the hearing panel must be by a majority vote, must be in writing,
				and must be signed by at least two panel members.
(2) Following the parole hearing, the hearing
				panel may make any of the following dispositions:
(a) grant parole;
(b) grant conditional parole, subject to
				approval and verification of the parole plan;
(c) grant conditional parole to occur within
				a specified time period or upon completion of a contingency, including but not
				limited to completion of treatment or prerelease, completion of additional
				clear conduct, or completion of a specific amount of time on the
				sentence;
(d) continue the offender
				to a subsequent reconsideration hearing consistent with ARM
				20.25.402
				or 20.25.403;
(e) schedule an
				administrative review; and
(f) pass
				the offender to discharge in accordance with the schedule listed in
				46-23-201,
				MCA, or if the offender has requested to serve to
				discharge.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.5 - Hearing Panel Decisions › Rule 20.25.502 - FORM AND DELIVERY (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-202,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.5 - Hearing Panel Decisions › Rule 20.25.503 - PREFERENCE TO FIRST OFFENDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.5 - Hearing Panel Decisions › Rule 20.25.504 - INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) Before a hearing panel considers an
				offender for release on parole, the board shall consider, at a minimum, the
				information provided by the department pursuant to
				46-23-203,
				MCA, and outlined in
				46-23-208(4),
				MCA.
(2) If a hearing panel grants
				a parole the panel shall request an officer of the department's probation and
				parole bureau or an out-of-state supervising authority investigate the
				offender's release plan including victim concerns and give board staff a
				summary and recommendation concerning the plan.
AUTH:
					 46-23-218,
					 MCA; IMP:
					 46-23-107,
					 46-23-203,
					 46-23-208,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.5 - Hearing Panel Decisions › Rule 20.25.505 - CRITERIA FOR RELEASE GRANT DECISIONS ON NONMEDICAL PAROLE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 46-23-218,
					 MCA IMP:
					 46-23-201,
					 46-23-202,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.5 - Hearing Panel Decisions › Rule 20.25.506 - FURLOUGH

Current through Register Vol. 13, July 5, 2024
(1) When a hearing panel has granted an
				offender a parole, the panel or the board chair or designee may grant the
				offender a furlough for the sole purpose of finding employment, making suitable
				living arrangements, or fulfilling any other hearing panel condition that is
				difficult to fulfill while incarcerated.
(2) Furlough is for ten days, but board staff
				may grant an extension of up to another consecutive ten-day period to allow the
				offender to fulfill the furlough purposes.
(3) While on furlough the offender remains in
				the legal custody of the department and is subject to the department's furlough
				program rules, standard parole conditions, and any other special conditions
				recited by the hearing panel. If the offender fails to report as directed or
				fails to return to custody, the offender may be charged with a violation of
				45-7-306, MCA.
(4) The offender may be immediately returned
				to the institution from which the furlough was granted if the offender violates
				the furlough program rules, any of the standard parole rules, any of the
				panel's special conditions, or if the offender is unable to fulfill the
				employment, housing, or other furlough conditions.
(5) If the offender violates any of the
				conditions listed in (4) it is considered a major disciplinary violation and is
				handled in accordance with the department's disciplinary policy and ARM
				20.25.601 concerning
				rescission.
(6) If the offender
				successfully fulfills the furlough conditions, the offender must sign the rules
				of parole and the board will issue a parole certificate. The offender is not
				officially on parole until the rules are signed and the certificate is
				issued.
46-23-218, MCA; IMP,
					 46-23-215,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.6 - Rescission of Parole › Rule 20.25.601 - RECISSION HEARING

Current through Register Vol. 13, July 5, 2024
(1) A hearing panel
				may conduct a hearing and rescind a previously granted parole if the offender
				has not left confinement or is on furlough status and the panel finds one of
				the following has occurred:
(a) the offender
				has committed disciplinary violations;
(b) there is a substantial change in the
				approved release plan; or
(c) new
				evidence or information shows the offender does not deserve a
				release.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.6 - Rescission of Parole › Rule 20.25.602 - PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-204,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.6 - Rescission of Parole › Rule 20.25.603 - DECISION (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-204,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.7 - Release on Supervision › Rule 20.25.701 - RELEASE

Current through Register Vol. 13, July 5, 2024
(1) The board, through its staff, may delay a
				release that has been granted and not scheduled for rescission, up to 120 days
				as a result of improper conduct or new evidence or information. The staff shall
				notify the board of any delay and reason for it.
(2) Parole is not effective until the
				conditions are signed by the offender and the board issues the parole
				certificate. If a violation is established, a hearing panel may continue or
				rescind the parole, or enter such other order as it may see fit. The
				determination of further release shall be consistent with the rules adopted for
				release hearings.
(3) While on
				parole release an offender on nonmedical or medical parole is serving the
				sentence of imprisonment or commitment imposed by the court until the sentence
				is discharged. The offender must remain under supervision or in custody until
				the sentence is discharged unless the offender is granted a conditional
				discharge from supervision pursuant to ARM
				20.25.704.
(4) An offender granted a parole is subject
				to revocation of the release for violation of the law or of any of the
				conditions of the supervision agreement including conditions imposed by the
				hearing panel.
46-23-218, MCA; IMP,
					 46-23-215,
					 46-23-216,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.7 - Release on Supervision › Rule 20.25.703 - SPECIAL CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-215,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.7 - Release on Supervision › Rule 20.25.704 - CONDITIONAL DISCHARGE FROM SUPERVISION

Current through Register Vol. 13, July 5, 2024
(1)
				Upon recommendation of the supervising parole officer, a hearing panel may
				conditionally discharge a parolee from parole supervision before the expiration
				of the sentence, if the panel determines that such conditional discharge is in
				the best interests of the parolee and society, and will not present an
				unreasonable risk of danger to society or the victim of the offense.
(2) During a conditional discharge the
				following apply:
(a) the parolee is not
				supervised by the department;
(b)
				the parolee will not pay supervision fees; and
(c) if the parolee becomes a resident of
				another state, the parolee's sentence is discharged, but the parolee can be
				revoked as in (7).
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.7 - Release on Supervision › Rule 20.25.705 - FINAL DISCHARGE

Current through Register Vol. 13, July 5, 2024
(1) When a parolee
				has completed the full term of imprisonment or commitment, the board will issue
				a final discharge certificate.
46-23-218, MCA; IMP,
					 46-23-215,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.8 - Revocation of Parole › Rule 20.25.802 - CONTESTED REVOCATION HEARINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP, 42-23-1025,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.8 - Revocation of Parole › Rule 20.25.803 - EFFECT OF NEW SENTENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP, 42-23-217,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.8 - Revocation of Parole › Rule 20.25.804 - BOARD RESPONSES TO PAROLE VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of a report of violation from the department pursuant to
				46-23-1024
				and
				46-23-1025,
				MCA, the board will:
(a) review the report and
				any supporting documentation;
(b)
				promptly schedule a revocation hearing;
(c) determine whether any violation is
				established; and
(d) for any
				established violation, determine the type of violation, either compliance or
				non-compliance.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.9 - Executive Clemency › Rule 20.25.901 - APPLICATIONS FOR CLEMENCY

Current through Register Vol. 13, July 5, 2024
(1) Application
				forms for executive clemency may be obtained at the board's main office in Deer
				Lodge, Montana or from the board's web site.
(2) Applications must be in writing, signed
				by the applicant, notarized, and filed with the board's Deer Lodge office.
				Applications may be filed only by the offender convicted of the crime, by the
				offender's attorney acting on the offender's behalf and with his/her consent,
				or by a court-appointed next friend, guardian, or conservator acting on the
				offender's behalf.
(a) The applications shall
				state the type of executive clemency requested; pardon, commutation, respite,
				or remission of fines or forfeitures.
(b) The application for clemency must
				include:
(i) a certified copy of all court
				documents relating to the particulars of the crime and sentencing;
(ii) details concerning the circumstances
				relating to the social conditions of the applicant prior to the commission of
				the crime, at the time the offense was committed, and at the time of the
				application;
(iii) three letters of
				support from reputable persons;
(iv) psychological reports that are available
				at the time of application;
(v)
				verification that supports the reasons for the applicant's request for
				executive clemency; and
(vi) a
				signed waiver of confidentiality.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.9 - Executive Clemency › Rule 20.25.901A - EXECUTIVE CLEMENCY CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Pardon is a
				declaration of record that an individual is to be relieved of all legal
				consequences of a prior conviction. An individual may not apply for a pardon
				unless the offense for which he/she seeks a pardon has been commuted or
				discharged. A hearing panel may recommend a pardon for an individual who:
(a) can satisfactorily prove innocence of a
				crime for which the individual has served time;
(b) has demonstrated an extended period of
				exemplary performance;
(c) submits
				newly discovered evidence showing complete justification or nonguilt on the
				part of the individual; or
(d) can
				satisfactorily prove extraordinary mitigating or extenuating circumstances
				exist.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.9 - Executive Clemency › Rule 20.25.902 - INVESTIGATIONS FOR CLEMENCY AND ORDER FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) In
				cases in which the death penalty has not been imposed, a hearing panel of the
				board shall conduct a preliminary review of the application for clemency
				.
(2) If a hearing panel decides to
				accept the application, it will conduct an investigation. The hearing panel may
				request a psychological evaluation of the applicant and any other reports the
				panel deems necessary as part of the investigation.
(3) After investigation, a hearing panel
				shall consider whether to hold a hearing on the application.
(4) If in the opinion of the hearing panel
				sufficient cause appears to conduct a hearing on the application, the panel
				will sign an order indicating the following:
(i) the date on which the hearing will be
				held;
(ii) that all persons having
				an interest in the matter who desire to be heard should be present on the date
				set for the hearing;
(iii) that
				the order must be printed and published in a newspaper of general circulation
				in the county where the crime was committed once each week for two weeks;
				and
(iv) that a copy of the order
				must be sent to the district judge, the county attorney, the sheriff of the
				county where the crime was committed, and to the applicant.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.9 - Executive Clemency › Rule 20.25.903 - HEARING PROCEDURE FOR CLEMENCY

Current through Register Vol. 13, July 5, 2024
(1) A
				hearing panel of the board will, after having ordered a hearing and after
				appropriate notice has been given, conduct a public nonadversarial hearing.
(a) In cases in which the death penalty has
				not been imposed the hearing panel may hold the hearing via interactive
				video-conference or telephone conference.
(b) If the hearing takes place in a secure
				facility, all persons who wish to attend must gain approval to attend from the
				facility's chief of security or designee as required by facility policy and
				while at the facility must comply with the facility's policies including
				applicable security policies. The facility may exclude or escort from the
				facility any person who fails to comply with the facility's policies. The board
				has the discretion to hear testimony outside the facility.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.9 - Executive Clemency › Rule 20.25.904 - RECOMMENDATION CONCERNING CLEMENCY

Current through Register Vol. 13, July 5, 2024
(1)Upon completion
				of its preliminary review or hearing, the hearing panel shall transmit within
				30 days to the Governor, the application or reapplication along with its
				recommendation to grant or deny clemency, together with relevant
				documentation.
(2) If a hearing was
				held, the hearing panel may take the entire case under advisement or may issue
				an immediate recommendation.
(3) In
				cases in which the death penalty has been imposed, the hearing panel will,
				immediately after making its decision, forward all relevant documents and a
				recommendation to grant or deny clemency to the Governor for the Governor's
				final determination.
(4) The board
				shall also give notice to the applicant of its recommended disposition and the
				reasons for its recommendation to deny or approve the application or
				reapplication.
(5) The board shall
				post its recommended disposition on the board's website within 21 calendar days
				of its recommendation.
(6) If the
				Governor grants executive clemency, the signed executive order will be sent to
				the Secretary of State. The Secretary of State will file the attested order and
				return the attested order to the board for dissemination to the applicant, the
				Department of Corrections, the Department of Justice, and the Federal Bureau of
				Investigation ID bureau for appropriate action.
AUTH:
					 46-23-218,
					 MCA; IMP:
					 46-23-301,
					 46-23-307,
					 MCA
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.10 - Pardons and Restoration › Rule 20.25.1001 - POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-301,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.10 - Pardons and Restoration › Rule 20.25.1002 - CONTENTS OF APPLICATION FOR PARDON (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.10 - Pardons and Restoration › Rule 20.25.1003 - INVESTIGATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.10 - Pardons and Restoration › Rule 20.25.1004 - CONDUCT OF HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.10 - Pardons and Restoration › Rule 20.25.1005 - DECISION OF THE BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1101 - CONDUCT OF HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-412,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1102 - APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-411,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1102A - SUPERVISED RELEASE/FURLOUGH POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-412,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1102B - INVESTIGATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-412,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1103 - HEARING PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-412,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1104 - DECISION OF THE BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-412,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.11 - Supervised Release/Furlough Hearings › Rule 20.25.1107 - REVOCATION OF FURLOUGH (REPEALED)

Current through Register Vol. 13, July 5, 2024
46-23-218, MCA; IMP,
					 46-23-218,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.26 - EDUCATION OF EXONERATED PERSONS › Subchapter 20.26.1 - Education Expenses for Exonerated Persons › Rule 20.26.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter, the following definitions
				  apply:
(1) "Department" means the
				Department of Corrections as authorized in
				2-15-2301, MCA.
(2) "Exonerated person" means a person who
				was convicted of a felony offense in the state of Montana; was incarcerated in
				a state prison for the felony offense; and whose felony offense was overturned
				or later dismissed based on the results of postconviction forensic DNA testing
				that exonerated the person of the crime for which the person was convicted and
				incarcerated.
53-1-214, MCA; IMP,
					 53-1-214,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.26 - EDUCATION OF EXONERATED PERSONS › Subchapter 20.26.1 - Education Expenses for Exonerated Persons › Rule 20.26.102 - PROGRAM AND ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) There is a
				program that may pay education expenses for exonerated persons. The department
				may pay educational expenses for an exonerated person as described in these
				rules. Educational reimbursement is contingent upon legislative appropriation
				of funds for this purpose.
(2) To
				be eligible for educational reimbursement the exonerated person must have:
(a) been convicted of a felony criminal
				offense in the state of Montana;
(b) been imprisoned in a state prison as
				described in
				53-30-101, MCA, or in a prison
				out-of-state as a result of transfer through the interstate compact as a result
				of the conviction;
(c) had the
				felony criminal offense for which the exonerated person was imprisoned
				overturned or dismissed by a court of competent jurisdiction; and
(d) had the conviction overturned or
				dismissed as a result of postconviction forensic DNA testing.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.26 - EDUCATION OF EXONERATED PERSONS › Subchapter 20.26.1 - Education Expenses for Exonerated Persons › Rule 20.26.103 - APPLICATION AND DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) For an
				exonerated person to receive educational aid the person must submit an
				application to the department's main office in Helena, Montana on a form made
				available at the department's main office or on the department's web site. The
				main office address is: Department of Corrections, 5 South Last Chance Gulch,
				Helena, Montana, 59620.
(2) The
				application must be received by the department 30 days before the person incurs
				the expense for which the person requests payment.
(3) The exonerated person must submit the
				following items along with the completed application:
(a) the exonerated person's judgment of
				imprisonment or commitment to the Department of Corrections;
(b) a certified copy of the document that
				overturned or dismissed the conviction for which the person was incarcerated;
				and
(c) documentation that the
				conviction was overturned as a result of postconviction forensic DNA
				testing.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.26 - EDUCATION OF EXONERATED PERSONS › Subchapter 20.26.1 - Education Expenses for Exonerated Persons › Rule 20.26.104 - APPROVED EDUCATIONAL INSTITUTIONS AND EXPENSES

Current through Register Vol. 13, July 5, 2024
(1) The department will pay an eligible
				exonerated person's expenses associated with the following educational
				institutions that are designated as approved educational institutions:
(a) a Montana community college;
(b) a unit of the Montana university system,
				as described in
				20-25-201, MCA; or
(c) any accredited Montana tribally
				controlled community college.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.26 - EDUCATION OF EXONERATED PERSONS › Subchapter 20.26.1 - Education Expenses for Exonerated Persons › Rule 20.26.105 - PROCEDURE TO RECEIVE BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) To receive
				benefits the exonerated person, on a form provided by the department, must
				establish and show proof of admission to an educational institution listed in
				ARM 20.26.104 and current enrollment
				or enrollment in a program of preparation for admission to an approved
				educational institution.
(2) Upon
				establishment of admission or enrollment, the department will establish a
				payment plan with the exonerated person.
(a)
				The department will pay the costs for tuition, fees, and room and board
				directly to the educational institution or program.
(b) The department will maintain a form for
				the exonerated person to estimate expenses for books. Expenses for books will
				be paid to the exonerated person with presentation of the appropriately
				executed form that outlines the necessary books and their costs.
(c) If the exonerated person does not live on
				campus during the period of enrollment in an educational program, the
				department will pay the exonerated person the average amount of room and board
				charged at a unit of the Montana university system for the duration of active
				enrollment.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.1 - Siting and Construction Standards › Rule 20.27.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter, the following definitions
				  apply:
(1) "Department" means
				Department of Corrections.
(2)
				"Private correctional facility" means a correctional facility that is either
				privately operated or privately owned and operated.
(a) The term does not include a private
				detention center or a regional jail governed by Title 7, chapter 32, part 22,
				MCA.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.1 - Siting and Construction Standards › Rule 20.27.102 - SITE SELECTION OF PRIVATE CORRECTIONAL FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Private correctional facilities must be
				sited pursuant to American Correctional Association standards.
(2) Private correctional facilities must be
				sited near a civilian population center with at least the following services:
(a) within 30 minutes emergency response time
				of a hospital;
(b) within 30
				minutes emergency response time of a full-time or volunteer fire
				department;
(c) within one hour
				driving time of scheduled public or private transportation services that
				provide regular travel to and from the area of the private correctional
				facility; and
(d) within one hour
				driving time of an airport and landing field:
(i) suitable for landing and take-off of
				charter-type aircraft; and
(ii)
				listed on the state system plan of airports as maintained by the Montana
				Department of Transportation, Aeronautics Division.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.1 - Siting and Construction Standards › Rule 20.27.103 - LOCATION OF PRIVATE CORRECTIONAL FACILITIES IN PROXIMITY TO SCHOOLS

Current through Register Vol. 13, July 5, 2024
(1) The closest property boundary of the
				private correctional facility must be at least one air mile from the closest
				property boundary of a public or nonpublic school.
53-30-604, MCA; IMP,
					 53-30-607,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.1 - Siting and Construction Standards › Rule 20.27.104 - OBTAINING PUBLIC SUPPORT FOR PROPOSED PRIVATE CORRECTIONAL FACILITY SITES

Current through Register Vol. 13, July 5, 2024
(1) Proposed sites for private correctional
				facilities must have community support. Proposers must obtain approval of the
				location of the private correctional facility from the local governing body or
				bodies.
(2) To gain public support
				and input into the siting process for private correctional facilities,
				proposers shall hold at least two public hearings in the county of the proposed
				site.
(a) If the nearest municipality to the
				proposed site is also the county seat, the public hearings shall be held in the
				municipality.
(b) If the nearest
				municipality to the proposed site is not the county seat, a hearing shall be
				held in the municipality, and a hearing shall be held in the county
				seat.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.1 - Siting and Construction Standards › Rule 20.27.105 - LETTERS IN SUPPORT OF PROPOSED SITES FOR PRIVATE CORRECTIONAL FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The proposer shall obtain evidence of
				approval by the local governing entity or entities of the political subdivision
				in which the proposed facility is to be located.
(2) If the governing entity or entities
				approve the proposed facility, proposers shall obtain letters of support and/or
				concern regarding the proposed facility from:
(a) the local school board(s) or
				superintendent(s) in the nearest municipality;
(b) the hospital board(s) or administrator(s)
				in the nearest municipality;
(c)
				the county sheriff in the county of the proposed site;
(d) the chief of police in the nearest
				municipality;
(e) each area state
				legislator in the county of the proposed site;
(f) each state district court judge or chief
				judge of the district, justice court judge, and city and/or municipal court
				judge in the nearest municipality and county of the proposed site;
				and
(g) the city attorney and
				county attorney in the nearest municipality and the county of the proposed
				site.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.1 - Siting and Construction Standards › Rule 20.27.106 - DESIGN AND CONSTRUCTION OF PRIVATE CORRECTIONAL FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Design and construction of private
				correctional facilities must conform to applicable American Correctional
				Association standards for prisons.
(2) Prior to initiating facility
				construction, design and construction of private correctional facilities must
				be reviewed and approved by the Montana Department of Administration
				Architectural and Engineering Division (A&E), and the department.
(3) Prior to commencing operations, the
				prevailing proposer must obtain letters of approval from A&E and the
				department.
(4) Design and
				construction of private correctional facilities must conform to all applicable
				federal, state, and local codes.
(a)
				Compliance must be documented by the authority having jurisdiction.
(b) Successful proposers shall provide the
				department and A&E with copies of all building and occupancy
				permits.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.201 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules establish the licensing
				requirements for the operation, security, and physical condition, as well as
				for the safety, health, treatment and discipline of persons confined in a
				private correctional facility within the state of Montana pursuant to
				53-30-604, MCA, providing that a
				private correctional facility conforms to applicable American Correctional
				Association (ACA), and National Commission of Correctional Health Care (NCCHC)
				standards, and providing that a facility achieves accreditation from ACA and
				NCCHC within three years of the date it begins operation, and maintains ACA and
				NCCHC accreditation thereafter.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.27 - PRIVATE CORRECTIONAL FACILITIES › Subchapter 20.27.2 - Licensing › Rule 20.27.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Department" means the Department of
				Corrections provided for in
				2-15-2301, MCA.
(2) "Licensing agent" means the department
				employee designated to conduct site visits, conduct licensing studies and
				perform all other duties regarding the licensing of private prisons pursuant to
				these rules.
(3) "Private
				correctional facility" means a correctional facility that is either privately
				operated or privately owned and operated. The term does not include a private
				detention center or a regional jail governed by Title 7, chapter 32, part 22,
				MCA.
53-30-604, MCA; IMP,
					 53-30-604,
					 MCA;