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(1) The board is a quasi-judicial body for the purpose of 2-15-124, MCA, except that board members are full-time employees and are compensated in accordance with 46-23-104 and 46-23-111, MCA. Terms of board members are staggered in accordance with 2-15-2405, MCA, and the provisions of 2-15-124(1), MCA do not apply to the board. The board is allocated to the Department of Corrections for administrative purposes only under 2-15-121 and 2-15-2305, MCA.

(2) The board chair is specifically designated by the Governor in accordance with 2-15-124, MCA. The governor may designate a different presiding officer at any time and the former presiding officer will continue to serve as a board member unless removed for cause pursuant to 2-15-124(6), MCA. The chair may designate another board member to assume the duties of the chair when the chair is not present.

(3) Individual board members shall, prior to hearing a case, disclose any conflict of interest and recuse themselves in cases in which it has been determined that a conflict of interest is clearly identified.

(4) The board will conduct hearings weekly and transact business daily. The board may conduct meetings and hearings at any location suitable for that purpose.

(5) The board chair or designee, in consultation with the board members:

(a) assigns hearing panels to conduct parole hearings, revocation hearings, rescission hearings, administrative parole reviews, reconsideration of previous parole decisions, and to make recommendations in matters of executive clemency;

(b) requests out-of-state adult correctional releasing authorities to conduct courtesy hearings on behalf of the board; and

(6) The vote of at least a majority of all members of the board is required to adopt any change in established rule, policy, and/or procedure, unless otherwise provided by law.

(7) The board will set hearing and meeting dates suitably in advance and publish them on the board's official web site, but the dates are subject to change.

(8) The board chair, in consultation with the board, will maintain, review, and update at least annually a written description and an organizational chart that accurately reflects the structure of authority, responsibility, and accountability within the board.

(1) All board members shall receive training in accordance with 46-23-218, MCA, that addresses the disproportionate representation of American Indians in the legal custody of the department.

(2) Board members may attend nationally recognized correctional training or a comparable program for parole board members.

(3) Before participating on a hearing panel, a new board member must receive orientation from board staff or board member regarding:

(a) state and federal law and rules pertinent to board operations;

(b) offender pathology, treatment, and supervision including American Indian issues as related to each; and

(4) The board will develop, evaluate, and update training curricula annually based on the board's needs.

(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. The 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);

(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).

(7) When releasing board records the board chair will consult with board legal counsel as necessary.

(8) An offender may request to view his/her individual parole file by making a request in writing. Board staff will provide the offender an opportunity to inspect the file except for information deemed confidential. An offender may not request to view his/her file any more frequently than annually unless extenuating circumstances exist. If the offender making the request has previously reviewed his/her file, only the information added to the file since the previous review will be provided unless the offender presents circumstances that justify a complete review.

(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.

This rule has been repealed.

This rule has been transferred.

This rule has been repealed.

(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.

(2) If the offender receives a consecutive sentence after reception at prison, but before a hearing panel makes an initial ruling on the offender's parole on the original sentence, parole eligibility is determined on the statutory or court-imposed criteria based on the aggregate sum of the original sentence and the consecutive sentence.

(3) If the offender receives a consecutive sentence after reception at prison and after a hearing panel makes an initial ruling on the offender's parole on the original sentence, the offender will not be eligible for parole on the consecutive sentence until the offender discharges the original sentence, unless a hearing panel orders otherwise. However, the offender remains eligible for parole consideration in regard to the original sentence. A hearing panel may allow commencement of the consecutive term for purposes of calculating parole eligibility. If a hearing panel allows commencement of the consecutive term, it only changes the parole eligibility calculation, but does not shorten the consecutive term.

(4) An offender who waives his/her parole hearing will have a mandatory parole hearing within six months unless an extended period is necessary as determined by facility staff and approved by board staff, for a period not to exceed one year. The hearing month will be automatically set and the offender will come before a regularly scheduled hearing panel, unless the offender requests a hearing prior to this date and provides at least 30 days written notice to the board. The board, through its staff, will review all waivers for legitimacy and may accept or reject any waiver. An offender may voluntarily waive two consecutive parole hearings for up to 12 months each time.

(5) Unless a hearing panel otherwise orders, before an offender in a community-based program appears before the board, the offender must have at least 90 days free of severe (Class 100) or major (Class 200) disciplinary violations. An offender in a secure facility must have 120 days free of major disciplinary violations.

(6) Unless a hearing panel otherwise orders, an offender incarcerated at a prison must be classified and have been living in an assigned housing unit for a minimum of 60 days before the offender may appear for parole consideration.

(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;

(d) the offender's proposed budget for payment of court-ordered fines, fees, restitution, and other financial obligations including child support.

(3) Substantial changes in the parole plan that is submitted at the time of the parole hearing must be reviewed and approved by the hearing panel.

(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.

(5) In considering whether an offender is likely to pose a detriment to the victim or community, a hearing panel may consider:

(a) whether the offender's medical condition renders him/her unable to engage in criminal activity;

(b) any statement submitted by the victim of the offense for which the offender is currently incarcerated;

(d) the offender's conduct, employment, and attitude in prison;

(e) reports of any physical and mental examinations that have been made;

(f) the offender's previous social and criminal record; and

(g) the circumstances of the offense for which the offender is incarcerated.

(6) In determining whether to grant or deny an application for medical parole, a hearing panel may consider whether:

(a) there is support or opposition from the community including the victim or victim's family, the court, or law enforcement;

(b) the offender suffered from the medical condition at the time the offender committed the offense or was sentenced for the offense for which the offender is presently incarcerated and if so, whether the medical condition has progressed to such a degree that it is unlikely that the offender is able to engage in criminal activity;

(c) the care and supervision that the offender requires can be provided in a more medically appropriate or cost-effective manner than by the department;

(d) the offender is incapacitated to an extent that incarceration does not impose significant additional restrictions on the offender;

(e) the offender is likely to continue to suffer from the medical condition throughout the entire period of parole or to die while the offender is on medical parole and there is no reasonable expectation that the offender's medical condition will improve noticeably; and

(f) an appropriate discharge plan has been formulated that addresses basic life domains of the offender, including care coordination, housing, eligibility for public benefits and health care including necessary medication.

(7) Prior to the medical parole hearing, the board shall gather for a hearing panel's deliberations, all pertinent information on the offender, including but not limited to the nature of the offense, social history, criminal history, institutional performance, and any medical and mental examinations which may have been made while in custody.

(8) Upon receiving notification from the department that a medical parolee is eligible for nonmedical parole, a hearing panel may consider the offender for nonmedical parole according to the rules established for nonmedical parole consideration.

(9) A grant or denial of medical parole does not affect an offender's eligibility for nonmedical parole. The board will first consider an offender for nonmedical parole if the offender has reached parole eligibility.

(10) If a hearing panel denies the application, the department may not accept another application regarding the same offender, unless the offender's medical condition has deteriorated to such a degree that the factors previously considered by the hearing panel are affected.

(11) Revocation procedures for medical parole are the same as those for nonmedical parole and statutory provisions for nonmedical parole apply to medical parole.

(12) By submitting an application for medical parole, the offender waives any right to privacy in his/her medical information.

(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 staff 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.

(3) Criminal justice authorities or any other interested persons may submit written comments about an offender's possible parole to board staff at any time before the hearing.

(4) A victim may present a statement regarding the effects of the crime on the victim. A victim's statement may also include but is not limited to:

(a) the manner in which the crime was committed;

(b) the circumstances surrounding the crime; and

(5) At the presiding hearing panel member's discretion, the victim's statement and testimony will be kept confidential if the presiding member finds the victim's privacy interest outweighs the public's right to know. A recording of the hearing will not personally identify the victim without the victim's written consent.

(6) The presiding hearing panel member may close a hearing to hear or consider confidential information.

(a) Information is confidential when the presiding member finds a person's privacy interest outweighs the public's right to know.

(b) When the hearing panel has finished hearing or discussing the confidential information, it shall reopen the meeting and complete the hearing in public.

(7) When the hearing panel denies an offender parole, it must give the offender written notification of the decision and include reason(s) for the decision and when the offender may reapply for parole consideration.

(8) A hearing panel will consider an eligible offender for parole release even if the offender does not submit an application for parole. A hearing panel will render a decision based on the written record and on the fact the offender did not apply for parole.

(9) A hearing panel may conduct hearings via two-way interactive video teleconferencing and may conduct administrative reviews by means of telephone conference.

(10) Board hearings are open to the public; however, all persons attending hearings that take place in a secure facility must gain approval to enter the facility from the facility's chief of security or designee as required by the facility's policy. While at the facility, persons 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 gain approval to enter the facility or fails to comply with the facility's policies. At the discretion of the hearing panel additional witnesses may be heard outside of the secure facility.

(11) Offenders who appear for parole hearings may have a representative, including an attorney, present with them.

(12) At the conclusion of the hearing, the hearing panel will either notify the offender of the panel's decision and the reasons for the decision or the hearing panel may take the decision under advisement.

(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.

(2) Following an administrative review, the hearing panel in its sole discretion may order no change in the previous parole decision, may schedule the offender to reappear before a hearing panel for a parole hearing, may modify or rescind a previously granted parole, or may grant a parole. If the panel grants a parole, board staff must inform any registered victim.

(3) A hearing panel may not grant a parole upon administrative review to a sexual or violent offender, an offender with a history of felony sexual or violent convictions, or an offender for whom criminal justice authorities or victims have previously objected to parole.

(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.

(4) If the offender meets one of the criteria in (3) the board will exercise its discretion to determine whether to grant early consideration.

(5) If the request is denied, the notice to the offender will state the reasons for the denial. If the request is granted, the notice will state the date on which the administrative review will be conducted.

(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.

(3) If the hearing panel denies the offender parole, the disposition must state the reasons for denial.

(4) The decision of the hearing panel, including reasons for such, will be delivered to the offender and any victims who have requested the board's decision within 21 calendar days of the hearing.

(5) Board staff will post information regarding hearing panel decisions on individual cases on its web site within 21 calendar days of the hearing panel's decision.

(6) If the offender can present evidence that the hearing panel's decision was based on erroneous or false information, or that a hearing was not conducted according to board procedure, a newly appointed hearing panel may reconsider the decision.

(a) The offender must submit a written request for reconsideration to the board chair or designee within 60 days following the delivery of the written disposition.

(b) If the offender presents sufficient evidence the chair or designee will forward the case to a hearing panel for its consideration.

(7) A duly constituted hearing panel will make the following administrative decisions after panel members have reviewed the offender's case record. These decisions do not require the approval of the members who made the most recent parole determination:

(a) revocation of parole if the offender has waived the hearing;

(b) rescission of previously granted parole;

(d) requests for supervision fee waivers;

(e) requests for conditional discharges from supervision; and

(f) a change or modification of a previous hearing panel decision that does not reverse a parole denial or a parole grant decision.

This rule has been repealed.

(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.

This rule has been repealed.

(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.

(1) The purpose of the parole guidelines is to structure and guide parole release decisions and decisions relating to imposition of release conditions. Guidelines are a tool that ensure that members of the Board of Pardons and Parole (board) consider the identified factors when reviewing individual cases. Guidelines are not, in themselves, dispositive of the board's decisions. They provide a framework to facilitate reasonable consistency in paroling decisions.

(2) The board will consider in its guidelines the following factors in decreasing order of importance:

(a) The resulting score contained in a validated risk and needs assessment instrument administered to the offender by trained and certified corrections personnel and provided to the board for parole purposes. The resulting score on the risk and needs assessment is based on a point-range of 0 to 6 with 0 being low risk and 6 being very high or high risk, depending on the assessment instrument used. General validated risk and needs assessment instruments reviewed by the board are the Montana Offender Reentry and Risk Assessment (MORRA) for a male offender and the Women's Risk/Needs Assessment (WRNA) for a female offender. Sub-population or specialized assessments are reviewed if they are made available to the board. Sex-offender assessments are administered by a sex offender treatment therapist meeting the qualification standards set in ARM Title 20, chapter 7, subchapter 3. If both a general assessment instrument and a sub-population specific instrument are administered to an offender, the higher of the two scores will take precedence.

(b) Risk reduction program and treatment completion, scored as follows:

(i) 0 points for completion of all required programming, no programs recommended, or sentence did not allow sufficient time for completion;

(ii) 1 point for current enrollment in risk reduction programming;

(iii) 2 points for being on the waitlist for risk reduction programming; or

(iv) 5 points for refusal to participate in or having been terminated from risk reduction programming.

(i) 0 points for having no infractions in the past 6 months;

(ii) 2 points for having major infractions but no highest severity infractions within the past 6 months; or

(iii) 3 points for having any highest severity major infraction in the past 6 months.

(d) Severity of the offense currently being served by a parole-eligible offender under 46-23-201, MCA, scored as follows:

(i) 0 points for non-violent; or

(ii) 2 points for a violent offense or a sex offense as those terms are defined in 46-18-104, MCA.

(3) Generally, an aggregate score of 0 to 8 points under (2)(a) through (2)(d) weighs in favor of the offender and an aggregate score of 9 or more points under (2)(a) through (2)(d) weighs against the offender. The board is not bound to grant or deny parole based solely on the aggregate score.

(4) For purposes of applying the parole guidelines set out in (1)(c), the Board adopts the list of institutional infractions and the characterizations of their severity currently used in "state prisons" as that term is defined in 53-30-101, MCA. The current list will be maintained by the board on its website https://bopp.mt.gov/ at all times.

(5) Board decisions concerning imposition of parole release conditions are based in part upon the domains evaluated by the risk and needs instruments. These include, but are not limited to: Education, Employment and Social Support; Substance Abuse and Mental Health; Criminal Attitudes and Behavioral Patterns and upon indicated treatment recommendations contained therein.

(6) The board may develop one or more forms to use in applying the guidelines.

(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

(2) The panel will make its decision regarding rescission after it has considered all relevant information including the offender's own testimony regarding extenuation or mitigation.

(3) The presiding hearing panel member will conduct the rescission hearing informally and will make an audio and video record of it. The offender has the right to be present at the hearing, but may waive that right and admit the allegations are true.

(4) In lieu of scheduling a rescission hearing the board may delay the offender's release from confinement for up to 120 days for the reasons listed in (1).

(5) Unless a hearing panel otherwise orders, before an offender leaves prison confinement on parole, the offender must be clear of major disciplinary misconduct for a minimum of 120 days. If the offender is a resident of a community-based program, the offender must be clear of Class 100 and 200 disciplinary violations for at least 90 days.

This rule has been repealed.

(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.

(1) When a hearing panel orders an offender paroled, the offender is subject to the following standard rules unless otherwise ordered by the panel:

(a) The offender must obtain prior approval from his/her supervising officer before taking up residence in any location. The offender shall not change his/her place of residence without first obtaining written permission from his/her supervising officer or the officer's designee. The offender must make the residence open and available to an officer for a home visit or for a search upon reasonable suspicion. The offender will not own dangerous or vicious animals and will not use any device that would hinder an officer from visiting or searching the residence.

(b) The offender must obtain permission from his/her supervising officer or the officer's designee before leaving his/her assigned district.

(c) The offender must seek and maintain employment or maintain a program approved by the Board of Pardons and Parole or the supervising officer. Unless otherwise directed by his/her supervising officer, the offender must inform his/her employer and any other person or entity, as determined by the supervising officer, of his/her status on probation, parole, or other community supervision.

(d) Unless otherwise directed, the offender must submit written monthly reports to his/her supervising officer on forms provided by the probation and parole bureau. The offender must personally contact his/her supervising officer or designee when directed by the officer.

(e) The offender is prohibited from using, owning, possessing, transferring, or controlling any firearm, ammunition (including black powder), weapon, or chemical agent such as oleoresin capsicum or pepper spray.

(f) The offender must obtain permission from his/her supervising officer before engaging in a business, purchasing real or personal property, or purchasing an automobile, or incurring a debt.

(g) Upon reasonable suspicion that the offender has violated the conditions of supervision, a probation and parole officer may search the person, vehicle, and residence of the offender, and the offender must submit to such search. A probation and parole officer may authorize a law enforcement agency to conduct a search, provided the probation and parole officer determines reasonable suspicion exists that the offender has violated the conditions of supervision.

(h) The offender must comply with all municipal, county, state, and federal laws and ordinances and shall conduct himself/herself as a good citizen. The offender is required, within 72 hours, to report any arrest or contact with law enforcement to his/her supervising officer or designee. The offender must be cooperative and truthful in all communications and dealings with any probation and parole officer and with any law enforcement agency.

(i) The offender is prohibited from using or possessing alcoholic beverages and all intoxicants or mind altering chemicals. The offender is required to submit to bodily fluid testing for intoxicants or mind altering chemicals on a random or routine basis and without reasonable suspicion.

(j) The offender is prohibited from gambling.

(k) The offender must pay all fines, fees, and restitution ordered by the sentencing court.

(2) A parolee shall pay a supervision fee in accordance with 46-23-1021, MCA.

(3) A hearing panel may order additional special conditions. Additionally, a hearing panel shall consider Department of Corrections' requests for special conditions. Any special conditions imposed by the department must be approved by a hearing panel. Special conditions must not be unrealistic or vague and must be reasonably related to the offender's crime, public safety, or the circumstances and rehabilitation of the offender.

(4) All rules and conditions must be stated in writing and must be made a part of any agreement signed by the offender.

(5) Any conditions of medical parole ordered by a hearing panel are considered parole special conditions.

This rule has been repealed.

(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).

(3) After the parolee has served one year of active supervision, the parole officer will review the parolee's file and may recommend a parolee for conditional discharge.

(4) When a hearing panel considers granting a conditional discharge from supervision, it will consider the following criteria:

(a) supervision compliance:

(i) no positive drug or alcohol tests or any drug or alcohol use admissions in the last six months;

(ii) free of non-compliance violations during the required supervision time; and

(iii) has been accountable for working on and meeting goals established in case plan or through supervision with parole officer;

(b) residential stability:

(i) has a permanent residence and is self-sufficient regarding housing costs with or without public assistance and is not homeless or at risk of homelessness;

(i) currently employed and has been employed for majority of time while under parole supervision; or

(ii) has demonstrated the ability to be financially self-sufficient; and

(iii) has fulfilled court-ordered restitution obligation;

(d) engagement in treatment:

(i) successful completion of all board-ordered and court-ordered treatment and programming;

(e) other factors indicative of adequate reentry stability; and

(f) the achievement credits the parolee has accrued pursuant to 46-23-1027, MCA.

(5) If a hearing panel grants a conditional discharge from supervision it may order the parolee to submit written reports to the board in January of each year, reporting the parolee's address and any contacts the parolee has had with law enforcement.

(6) A hearing panel may revoke a conditional discharge from supervision and return a parolee to active supervision or amend the conditions of the conditional discharge from supervision if, in the opinion of a hearing panel, this action is in the best interest of society.

(1) When a parolee has completed the full term of imprisonment or commitment, the board will issue a final discharge certificate.

(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;

(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.

(15) The presiding hearing panel member will conduct the revocation hearing and will make an audio or video record of the hearing. Violations warranting a revocation decision must have been established by a preponderance of the evidence. The board may consider:

(a) reports of the supervising officer;

(b) the report of the on-site hearing, if one was conducted; and

(16) When conducting on-site hearings and other activities preparatory to a parole revocation hearing, probation and parole officers remain the employees of and under the supervision of the Montana Department of Corrections and not of the Board of Pardons and Parole.

This rule has been repealed.

(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;

(d) for any established violation, determine the type of violation, either compliance or non-compliance.

(2) For established compliance violation(s), the board will determine whether the Montana incentives and interventions grid (MIIG) was exhausted and, if not, refer the matter back to the department.

(3) For established compliance and non-compliance violations, the board will issue a disposition in accordance with the appropriate subsection(s) of 46-23-1025, MCA or other appropriate order.

(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.

(3) An offender whose application has been denied may not reapply for executive clemency unless the offender submits evidence of substantial change in circumstances since the last application. A hearing panel will screen reapplications for clemency and if the offender has submitted evidence of substantial change of circumstances, it will determine if it will order an investigation and hearing pursuant to ARM 20.25.902. Clemency applications that have been submitted and denied prior to October 1, 2015, may be resubmitted to the board for additional consideration, subject to the applicable provisions of the administrative rules.

(4) In cases in which the death penalty has been imposed, the application for executive clemency must be received at the board's Deer Lodge office no later than ten days after the district court sets a date of execution.

(5) Any person convicted of a crime after July 1, 1973, will automatically have restored, upon completion of custody and supervision, all civil rights that were lost with the conviction. The person need not apply for executive clemency to have the person's civil rights restored.

(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;

(d) can satisfactorily prove extraordinary mitigating or extenuating circumstances exist.

(2) Commutation involves the mitigation of a criminal punishment through the substitution of a lesser sentence for a greater one. A hearing panel may recommend commutation for an individual who:

(a) can prove by overwhelming evidence the individual is innocent of a crime for which the individual was convicted;

(b) has demonstrated an extended period of exemplary performance;

(c) submits evidence discovered subsequent to the conviction that clearly shows the individual was completely justified in committing the crime; or

(d) can satisfactorily prove that further incarceration would be grossly unfair, that a death penalty should be avoided, or extraordinary mitigating or extenuating circumstances exist.

(3) A hearing panel may also recommend to the governor that a respite or a remission of fines or forfeitures be granted.

(4) When considering an application for executive clemency the hearing panel shall consider the nature of the crime, the comments of the sentencing judge, the prosecuting attorney, the community, and the victims and victims' family regarding clemency for the applicant, and whether release would pose a threat to the public safety.

(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) The hearing panel may request a psychological evaluation of the applicant, a background check of the applicant, and any other reports the panel deems necessary as part of the preliminary review.

(3) After preliminary review, a hearing panel shall consider whether to hold a hearing on the application pursuant to 46-23-301, MCA.

(4) Pursuant to 46-23-302, 46-23-303, and 46-23-305, MCA, if in the opinion of the hearing panel sufficient cause appears to conduct a hearing on the application, the panel shall initiate an investigation and sign an order indicating the following:

(a) the date on which the hearing will be held;

(b) that all persons having an interest in the matter who desire to be heard should be present on the date set for the hearing;

(c) 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

(d) 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.

(5) If the board receives an application for clemency for an inmate for whom the death penalty has been imposed, the board will set a date for a hearing on the application. The board will give notice of the hearing date, as prescribed by law, and as described in (4).

(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.

(2) The hearing panel that conducts the hearing will hear all relevant facts and information of the petitioner, petitioner's counsel and witnesses, as well as any opponents to the petition, and will make an audio and video recording of the hearing including proof of publication of the order for hearing.

(3) Unless a majority of the hearing panel otherwise orders, procedures for the hearing on an accepted application for executive clemency are as follows:

(a) Before the hearing, the presiding hearing panel member will determine an appropriate amount of time for proponents and opponents to present their individual cases and to present closing arguments.

(b) Hearsay is allowed.

(c) The presiding hearing panel member may allow cross examination if he/she finds extraordinary circumstances are present. Hearing panel members may question witnesses in all cases.

(4) Applicants may be represented by counsel at their own expense.

(5) Opponents and proponents of the application may submit written testimony, but it must be received by the board no later than 21 days prior to the scheduled hearing. The hearing panel may request submissions from proponents or opponents.

(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.