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HOUSE BILL NO. 134
INTRODUCED BY MCGEE D
BY REQUEST OF THE CORRECTIONAL STANDARDS AND OVERSIGHT COMMITTEE
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR A PROBATION VIOLATOR PRISON DIVERSION PROGRAM; PROVIDING AN APPROPRIATION TO THE DEPARTMENT OF CORRECTIONS TO PAY THE COSTS OF HOLDING A PROBATION VIOLATOR IN A COUNTY DETENTION CENTER; AMENDING SECTION 46-23-1012, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-23-1012, MCA, is amended to read:
"46-23-1012. Arrest when violations of probation alleged -- probation compliance plan -- probation violator
prison diversion program. (1) At any time during probation or suspension of sentence a court may issue a warrant for the
arrest of the defendant for violation of any of the conditions of release or a notice to appear to answer to a charge of
Such The notice shall must be personally served upon the defendant. The warrant shall must authorize all officers
named therein in the warrant to return such the defendant to the custody of the court or to any suitable detention facility
designated by the court.
(2) Any probation and parole officer may arrest
such the defendant without a warrant or may deputize any other officer
with power of arrest to do so by giving the officer oral authorization and within 12 hours delivering to the place of detention
him a written statement setting forth that the defendant has, in the judgment of said the probation and parole officer, violated
the conditions of his the defendant's release. Such written statement A parole and probation officer's oral authorization
delivered with the defendant by the arresting officer to the official in charge of a county jail detention center or other place
of detention shall be is sufficient warrant for the detention of the defendant if the probation and parole officer delivers the
written statement within 12 hours of the defendant's arrest. The probation and parole officer, after making an arrest, shall
present to the detaining authorities a similar statement of the circumstances of violation.
(3) Provisions regarding release on bail of
persons a person charged with a crime shall be are applicable to the
defendants a defendant arrested under these provisions.
(4) Any probation and parole officer may hold a defendant arrested under subsection (2) without bail for 72 hours. After the arrest of the defendant pursuant to this subsection, a hearings officer for the probation and parole bureau shall hold a hearing within 36 hours of the defendant's arrest. The hearings officer shall determine whether there is probable cause to believe that the defendant has violated a condition of probation and if probable cause exists, determine an appropriate plan to ensure the defendant's compliance with the conditions of probation. An appropriate plan may include:
(a) holding the defendant for a period of time up to 30 days, with credit for any time served from the time of the arrest to the time of the hearing to determine probable cause;
(b) a request to the court pursuant to 46-23-1011 to modify the defendant's terms or conditions of probation; or
(c) a notification to the court with jurisdiction over the defendant, pursuant to 46-23-1013.
(5) The department shall adopt policies and procedures to implement a probation violator prison diversion program. If the department is able to sufficiently sanction a defendant with a term in a detention center, as provided in subsection (4)(a), for a proven technical violation that could result in the revocation of a suspended or deferred sentence, the department may pay the expense of the detention center costs and pursue payment of costs by the defendant, as provided in 7-32-2245. If the action plan developed for the defendant proceeds as provided in subsections (4)(b) or (4)(c), the expenses of the detention must be paid as provided in 7-32-2242."
NEW SECTION. Section 2. Program evaluation and report to legislature. The department shall develop evaluation measures to determine and shall report to the 57th legislature whether the probation violator prison diversion program provided for in 46-23-1012:
(1) enhanced the department's ability to sanction probation violators and divert them from prison;
(2) demonstrated a decline in prison admissions for probation violators;
(3) was only applied to probation violators who would have been revoked to a prison sentence by provisions of a more restrictive sanction than was necessary; and
(4) demonstrated policies and procedures of graduated sanctions that increased compliance with the conditions of probation and decreased technical violations among the probation violators for whom the detention center sanction was used.
NEW SECTION. Section 3. Appropriation. There is appropriated $400,000 from the general fund to the department of corrections for the probation violator prison diversion program for the biennium containing the fiscal years 2000 and 2001.
NEW SECTION. Section 4. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 46, chapter 23, part 10, and the provisions of Title 46, chapter 23, part 10, apply to [section 2].
NEW SECTION. Section 5. Coordination instruction. If [LC 329] and [this act] are both passed and approved, and [LC 329] contains a section amending 46-23-1012, then the section of [LC 329] that amends section 46-23-1012 is void.
NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 1999.
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Latest Version of HB 134 (HB0134.01)
Processed for the Web on December 22, 1998 (10:10AM)
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