(1) If a medical or nonmedical parolee is returned to the institution upon a warrant issued by the department of corrections, after having had (or waived the right to) an on-site hearing, probable cause having been found, the board, in a timely manner, will schedule a full revocation hearing for the parolee at a regularly scheduled board meeting.

(2)If the parolee waives the right to an on-site hearing, the parolee shall sign a waiver to that effect and additionally must admit to the violations as outlined in the revocation document.

(3)If the parolee waives the right to a formal board hearing, the parolee shall sign a waiver to that effect and additionally must admit to the violations as outlined in the revocation document.

(4)The board does not require an on-site hearing if:

(a)The parolee is convicted of a felony offense during the period of supervision. The conviction clearly establishes probable cause, provides minimal due process, and the final revocation hearing may be confined to mitigation. The court judgment and conviction may be used as the revocation document; or

(b)The parolee is arrested in another state where he had no permission to be. Presence in another jurisdiction without permission clearly establishes probable cause.

(5)The parolee may request a continuance of the formal revocation hearing but only for good and substantial reason, as determined by the board.

(6)The parolee may be represented by counsel, and may present witness testimony relating only to the violations.

(7)If not represented by counsel, an indigent parolee may request counsel if difficult or complex issues are present. A decision on the request will be rendered by the board after due consideration.

(8)The conduct of the revocation hearing will be determined by the board, and the hearing will be recorded. When a decision is made, a written copy of the decision will be given to the parolee in a timely manner.

(9)The length of the hearing will be determined by the nature of the particular case.

(10) The decision of the board following a revocation hearing is to be based on the reports of the supervising officer, the report of the on-site hearing, if one is conducted, and the information and evidence presented at the hearing. The burden of proof to be sustained at a revocation proceeding requires only a preponderance of evidence.

(11) The board will determine whether the time from the issuing of the violation warrant to the date of the parolee's arrest and return to Montana custody or any part of that time will be counted as dead time or as time served under the sentence.

(12) If the parolee is to be reinstated on supervision, the parolee may be held in custody for up to 30 days until an approved plan is effected.

(13) If a violation is established, the board may continue or revoke the supervision or enter any other appropriate order. This determination will be based on the nature of the violations and the criteria for release grant decisions.