Montana Code Annotated 2023



Part 10. Supervision of Probationers and Parolees


46-23-1001. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Absconding" means when an offender deliberately makes the offender's whereabouts unknown to a probation and parole officer or fails to report for the purposes of avoiding supervision, and reasonable efforts by the probation and parole officer to locate the offender have been unsuccessful.

(2) "Board" means the board of pardons and parole provided for in 2-15-2305.

(3) "Compliance violation" means a violation of the conditions of supervision that is not:

(a) a new criminal offense;

(b) possession of a firearm in violation of a condition of probation or parole;

(c) behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of an offense or a member of the victim's immediate family or support network;

(d) absconding; or

(e) failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders.

(4) "Department" means the department of corrections provided for in 2-15-2301.

(5) "Misdemeanor probation officer" means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005.

(6) "Parole" means the release to the community of a prisoner by the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department.

(7) "Probation" means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court.

(8) "Probation and parole officer" means an officer employed by the department pursuant to 46-23-1002.

History: En. 95-3301 by Sec. 7, Ch. 333, L. 1975; R.C.M. 1947, 95-3301; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 233, Ch. 546, L. 1995; amd. Sec. 11, Ch. 392, L. 2017; amd. Sec. 1, Ch. 235, L. 2019.