2017 Montana Legislature
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SENATE BILL NO. 71
INTRODUCED BY J. GROSS
BY REQUEST OF THE DEPARTMENT OF CORRECTIONS
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR AN INTERVENTION HEARING FOR PAROLEES; AND AMENDING SECTIONS 46-23-1015, 46-23-1024, AND 46-23-1025, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-23-1015, MCA, is amended to read:
"46-23-1015. Informal probation violation intervention hearing. (1) A probation and parole officer who reasonably believes that a probationer an offender has violated a condition of probation supervision may initiate an informal probation violation intervention hearing to gain the probationer's offender's compliance with the conditions of probation supervision without a formal revocation hearing under 46-18-203 or 46-23-1025.
(2) A hearings officer designated by the department shall conduct the intervention hearing.
(3) If the hearings officer determines by a preponderance of the evidence that the probationer offender has violated a condition of probation supervision, the hearings officer may order the probationer offender to serve up to 30 days in a county detention center, with credit for time served since the time of arrest, or order the probationer offender to participate in a day reporting program as provided for in 53-1-203 and order the probationer offender to pay the costs of incarceration or participation in the day reporting program. The department shall pay the incarceration costs not paid by the probationer offender.
(4) The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime are not applicable to a probationer or a parolee ordered to be held in a county detention center under this section."
Section 2. Section 46-23-1024, MCA, is amended to read:
"46-23-1024. Initial hearing after arrest. (1) After the arrest of the parolee, a hearing must be held within a reasonable time, unless:
(a) the hearing is waived by the parolee; or
(b) the parolee has been charged in any court with a violation of the law; or
(c) the department conducts an intervention hearing for the parolee, as provided in 46-23-1015.
(2) The initial hearing is an onsite hearing and must be held to determine whether there is probable cause or reasonable grounds to believe that the arrested parolee has committed acts that would constitute a violation of parole conditions. An independent officer, who need not be a judicial officer, shall preside over the hearing. The hearing must be conducted at or reasonably near the place of the alleged parole violation or arrest and as promptly as convenient after arrest. The parolee must be given notice of the hearing and must be allowed to appear and speak in the parolee's own behalf and introduce relevant information to the hearings officer.
(3) The hearings officer shall make a summary of what transpires at the hearing in terms of the responses and position of the parolee and the substance of the documents or evidence given in support of parole revocation. Based on the information given to the hearings officer, the hearings officer shall determine whether there is probable cause to hold the parolee for the final decision of the board of pardons and parole as provided in 46-23-1025."
Section 3. Section 46-23-1025, MCA, is amended to read:
"46-23-1025. Report to and action by board. (1) If the hearings officer conducts an onsite hearing and determines that there is probable cause to believe that the prisoner has violated a condition of parole, the probation and parole officer shall immediately notify the board and shall submit in writing a report showing in what manner the prisoner has violated the conditions of release. This report must be accompanied by the findings of the hearings officer.
(2) Upon receipt of a report, the board shall cause the prisoner to be promptly brought before a hearing panel for a hearing on the violation charged under rules that the board may adopt. If the violation is established, the hearing panel may continue or revoke the parole or may enter an order as it sees fit.
(3) If the prisoner has violated a condition of release requiring the payment of restitution, the supervising parole officer shall notify the victim of the offense prior to the hearing required by 46-23-1024 and give the victim an opportunity to provide written or oral comment.
(4) If the hearing panel finds that because of circumstances beyond the prisoner's control the prisoner is unable to make the required restitution payments, the hearing panel may not revoke the prisoner's parole for failure to pay restitution. The hearing panel may modify the time or method of making restitution and may extend the restitution schedule, but the schedule may not be extended beyond the period of state supervision over the prisoner.
(5) If the hearing panel determines that the prisoner has violated the provisions of release, the hearing panel shall determine the amount of time, if any, that will be counted as time served while the prisoner was in violation of the provisions of release."
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Latest Version of SB 71 (SB0071.01)
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