20.25.101    ORGANIZATION OF THE BOARD

(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

(c) designates presiding hearing panel members.

(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.

History: 46-23-218, MCA; IMP, 2-15-121, 2-15-124, 2-15-2302, 2-15-2405, 46-23-104, 46-23-111, 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; AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2016 MAR p. 139, Eff. 1/23/16; AMD, 2022 MAR p. 1194, Eff. 7/9/22.