Montana Code Annotated 2023



Part 2. Services to Victim, Witness

Information Concerning Confinement

46-24-212. Information concerning confinement. On request of a victim of a felony offense, the department of corrections or the board of pardons and parole, as applicable, shall:

(1) promptly inform the victim of the following information concerning a prisoner committing the offense:

(a) the custody level;

(b) the projected discharge or parole eligibility date;

(c) the actual date of the prisoner's discharge from confinement or parole, if reasonably ascertainable;

(d) the time and place of a parole hearing concerning the prisoner, the victim's right to submit a statement to the board of pardons and parole or the hearing panel conducting a parole hearing under 46-23-202, and the victim's right under 46-23-215, 46-23-509, or 46-23-1011 to request a condition of parole or probation to require the prisoner to refrain from direct or indirect contact with the victim; and

(e) the community in which the prisoner will reside after parole;

(2) provide reasonable advance notice to the victim before release of the defendant on furlough or to a work-release program, halfway house, or other community-based program or correctional facility; and

(3) promptly inform the victim of the occurrence of any of the following events concerning the prisoner:

(a) an escape from a correctional or mental health facility or community program;

(b) a recapture;

(c) a decision of the board of pardons and parole;

(d) a decision of the governor to commute the sentence or to grant executive clemency;

(e) a release from confinement and any conditions attached to the release; and

(f) the prisoner's death.

History: En. Sec. 36, Ch. 125, L. 1995; amd. Sec. 203, Ch. 42, L. 1997; amd. Sec. 12, Ch. 189, L. 1997; amd. Sec. 11, Ch. 559, L. 2003; amd. Sec. 5, Ch. 113, L. 2015.