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20.25.201    OBJECTIVES

(1) The principal objective of the board is to effect the release into the community of an inmate prior to the completion of term while still fully protecting society. Release may be granted when, in the board's opinion, there is a reasonable probability that the inmate can be released without detriment to the inmate or the community. When granted release the inmate is subject to the conditions imposed by the board and the supervision authorized by governing statutes, rules and policies of the department.

(2) Satisfying the minimum time-of-incarceration requirement, which is a condition precedent to eligibility for release consideration, does not confer upon an inmate a right to release. A release may be granted only for the best interest of society and when the board believes the inmate is able and willing to fulfill the obligations of a law-abiding citizen but not as an award of clemency or a reduction of sentence or pardon.

(3) A release that has been granted may be rescinded as a result of improper conduct, substantial change in approved release plan, or new evidence or information.

(4) 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 informa-tion. Unless the board otherwise orders, inmates must be clear of major disciplinary reports for a minimum of 120 days prior to release unless the inmate is a resident of a community based program, in which case a minimum of 90 days shall be required.

(5) An inmate granted a release is subject to revocation of the release for violation of laws or of the conditions of the supervision agreement, including conditions of the board or rules made by the department of corrections, all of which are to be contained in a written agreement signed by the inmate prior to release. Parole is not effective until the conditions are signed by the inmate and the board issues the parole certificate. If a violation is established, the board may continue or revoke 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.

History: 46-23-218, MCA; IMP, 46-23-218, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD, 1999 MAR p. 290, Eff. 2/12/99.

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