20.9.302    PAROLE AGREEMENT VIOLATION, INITIAL INVESTIGATION, AND DETAINER

(1) When a parole officer has reason to believe a youth may have violated the youth's written parole agreement in a manner to justify the youth's return to a secure placement facility, the parole officer may issue a written notice to authorize the department or law enforcement officer to detain the youth.

(2) The parole officer must immediately investigate to determine whether the allegations constitute a violation of the written parole agreement. If, on the basis of the investigation, the parole officer concludes that the allegations do not constitute a violation of the written parole agreement, the officer shall dismiss the allegations and immediately cause the youth to be released from detention.

(a) "Secure placement facility" means a juvenile correctional facility or other placement deemed appropriate by the youth's parole officer.

(3) If the allegations support a violation of the parole agreement, the parole officer must file a report of violation that documents the violation with specific facts, including, but not limited to:

(a) a description of acts or omissions;

(b) dates;

(c) times;

(d) places; and

(e) the names of witnesses and the substance of their testimony.

(4) The parole officer must further:

(a) determine and document whether it is necessary to continue the youth's detention pending the hearing;

(b) ensure the appropriateness of the youth's place of detention; and

(c) institute hearing procedures.

(5) Pending the hearing and decision, the department may detain a youth only to protect the person or property of the youth or others or when the youth may abscond or be removed from the community. The detention of the youth may occur only in the places described in 41-5-348 and 41-5-349, MCA.

History: 52-5-102, 52-5-129, MCA; IMP, 52-5-102, 52-5-126, 52-5-127, 52-5-128, 52-5-129, MCA; NEW, 2003 MAR p. 108, Eff. 1/31/03; AMD, 2011 MAR p. 1821, Eff. 9/9/11.