HOUSE BILL NO. 213

INTRODUCED BY D. MCGEE

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE DEPARTMENT OF CORRECTIONS TO PROVIDE A PAROLEE WITH EARNED INCENTIVE ALLOWANCE CREDITS TO BE USED TO REDUCE TIME SPENT ON PAROLE; PROVIDING FOR 1 DAY OF EARNED INCENTIVE ALLOWANCE CREDIT FOR EVERY 1 DAY SERVED ON PAROLE; PROVIDING FOR THE FORFEITURE OF EARNED INCENTIVE ALLOWANCE CREDITS; AMENDING SECTION 46-23-216, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Purpose. (1) The purpose of [sections 1 and 2] is to establish a policy that provides an incentive for a parolee to earn credits that reduce the time spent under correctional supervision by satisfactorily meeting the conditions of parole.

(2) The earned incentive allowance credits will foster conditions necessary for a parolee to contribute to a personal rehabilitation process and a successful return to the community.

NEW SECTION. Section 2. Earned incentive allowance credits -- parole supervision. (1) The department may grant earned incentive allowance credits to a parolee.

(2) The earned incentive allowance may operate as a credit toward the parolee's sentence as imposed by the court, conditioned upon the parolee's good behavior and compliance with rules adopted by the department. A parolee may earn incentive allowance credits while the parolee is on parole at the rate of 1 day for each day served on parole.

(3) The department may not grant earned incentive allowance credits exceeding 1 day for each day served on parole. If the department determines that a parolee has violated the conditions of parole, it may, in its discretion, deduct earned incentive allowance credits accumulated under this section in an amount up to and including all of the earned incentive allowance credits preceding the date of the violation.

(4) The department may restore all or portions of any previously forfeited earned incentive allowance credits as a result of a parolee's good behavior and compliance with the conditions of parole.

Section 3. Section 46-23-216, MCA, is amended to read:

"46-23-216. Duration of parole. (1) A prisoner on parole is considered released on parole until the expiration of the maximum term or terms for which the prisoner was sentenced, less the earned incentive allowance credits provided for in [section 2].

(2) The period served on parole or conditional release must be considered service of the term of imprisonment, and subject to the provisions contained in 46-23-1023 through 46-23-1026 relating to a prisoner who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. When a prisoner on parole or conditional release has performed the obligations of the release, the board shall make a final order or discharge and issue a certificate of discharge to the prisoner."

NEW SECTION. Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 46, chapter 23, and the provisions of Title 46, chapter 23, apply to [sections 1 and 2].

NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 1999.

NEW SECTION. Section 6. Applicability. [This act] applies to all persons serving parole sentences on or after [the effective date of this act].

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