(1) The board of pardons and parole may order additional special conditions. The department of corrections may also request special conditions provided they are not in conflict with those of the board or of the sentencing court. Any special conditions imposed by the department must be approved by the board. All rules and conditions must be stated in writing and must be made a part of any agreement signed by the inmate.

(2)If restitution was imposed as part of a sentence under 46-18-201 , MCA, the order for parole must contain a condition to pay restitution to the victim.

(3) The payment of restitution, fines and/or court costs as a special condition of parole may be ordered only when one or more of the following apply:

(a) The parolee has a suspended term to follow parole;

(b) The amount or amounts of restitution, fines and/or costs have been predetermined by the district court;

(c) An assessment of the parolee's ability to pay is submitted to the board as part of the investigation for placement and periodic assessments shall be made by the parole officer as warranted;

(d) The sentencing court specifically recommended payment of restitution, fines and/or costs as a condition of parole and the court has made a prior determination of the amount of obligation and an assessment of the parolee's ability to pay is submitted to the board; and

(e) Collection procedures are the responsibility of the department of corrections.

(4) The board shall consider and include the mandated conditions of medical parole as special conditions.