Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.25 - BOARD OF PARDONS AND PAROLE › Subchapter 20.25.8 - Revocation of Parole › Rule 20.25.801 - ON-SITE HEARING AND REVOCATION OF PAROLE

Current through Register Vol. 13, July 5, 2024
(1) If an officer of the department has
				reason to believe a parolee has violated any of the conditions of the parolee's
				release, the department must conduct an on-site hearing unless the parolee
				waives the right to an on-site hearing or pursuant to (3), no on-site hearing
				is necessary.
(2) In order to waive
				the right to an on-site hearing the parolee must sign a waiver that clearly
				specifies the rights the parolee is relinquishing and admit to at least one of
				the violations as outlined in the report of violation.
(3) No on-site hearing is necessary if the
				parolee is convicted of a felony offense during the period of supervision, or
				if the parolee is arrested in a state in which the parolee had no permission to
				travel or reside. If no on-site hearing is necessary the hearing panel may
				utilize the court judgment and conviction or out-of-state arrest documents in
				lieu of the on-site hearing summary.
(4) For an on-site hearing the parole officer
				shall serve the parolee with a report of violation and notice of on-site
				hearing.
(5) The on-site hearing
				must be held at or reasonably near the site of the alleged violation within a
				reasonable time after the service of the report of violation to the parolee. If
				the parolee is arrested out-of-state, the hearing will be conducted by the
				state tasked with supervision of the parolee or upon return to Montana
				custody.
(6) The parolee may have
				witnesses attend the on-site hearing, but only if the witnesses have relevant
				testimony to present concerning whether the parolee did or did not violate the
				conditions of release on parole, and only if the witnesses can qualify to enter
				the correctional facility if the hearing is held in a secure
				facility.
(7) A hearing officer of
				the department will preside over the on-site hearing. If the hearing officer
				finds there is probable cause to hold the parolee for the final decision of the
				board, the parole officer will notify the board and submit a summary of the
				hearing to the board.
(8) The
				parolee may be held in a state prison pending an on-site hearing or after a
				hearing officer has determined there is probable cause to hold the parolee for
				a final decision of the board.
(9)
				The board staff will deliver a copy of the board's written decision to the
				offender within 21 days of the decision. The written decision will include
				reasons for the decision and disposition, and a summary of the evidence upon
				which the board relied.
(10) If a
				hearing panel determines that the offender has violated the provisions of
				release, the hearing panel, at its sole discretion, will determine the amount
				of time, if any, that will be counted as time served while the parolee was in
				violation of the provisions of release.
(11) A parole violation warrant will remain
				active until the parolee is in Montana custody and may not be quashed without
				the approval of a board hearing panel. If the parolee's sentence expiration
				date is reached, a hearing panel will review the case to determine if keeping
				the warrant active is in the interests of justice. If the panel decides to keep
				the warrant active after the parole discharge date, not including dead time, a
				panel will review the parolee's status annually.
(12) If the parolee waives the revocation
				hearing the parolee must sign a waiver that clearly specifies the rights the
				parolee is relinquishing. Once the hearing is scheduled, the parolee may
				request a continuance and board staff may grant the continuance if the parolee
				has shown good and substantial cause for the continuance.
(13) At the revocation hearing the parolee
				may be represented by counsel at the parolee's expense, and may present witness
				testimony if the testimony relates to the violations. An indigent parolee may
				request appointed counsel if difficult or complex issues are present and if the
				parolee is unable to articulate the issues. A decision on the request for
				appointed counsel will be rendered by a board hearing panel after due
				consideration of the request.
(14)
				A parolee who contests parole revocation or the parolee's counsel shall, at
				least 20 days before the revocation hearing, present to the board staff:
(a) any requests for information from the
				parolee's file that the parolee needs for the hearing;
(b) a list of witnesses and exhibits the
				parolee intends to present at the revocation hearing;
(c) a list of information the parolee will
				present at the hearing; and
(d) any
				requests for subpoenas the parolee wants the board to issue. The board will
				only issue subpoenas for extraordinary reasons and in cases where the board
				considers a person's testimony is crucial to a determination of the issue of
				revocation.