20.25.704    CONDITIONAL DISCHARGE FROM SUPERVISION

(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;

(c) employment stability:

(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.

History: 46-23-218, MCA; IMP, 46-23-215, 46-23-1020, 46-23-1021, MCA; NEW, 1993 MAR p. 297, Eff. 2/26/93; 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, 2020 MAR p. 2401, Eff. 12/25/20.