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(1) The board of pardons and parole consists of three members, and two auxiliary members, appointed by the governor, whose duties are to administer executive clemency and parole processes and procedures, to make final decisions on work and educational furlough, supervised releases, and to secure the effective application of and improvements to the clemency and release system as well as of the laws upon which they are based. The board chair is specifically designated by the governor; the vice-chair and secretary are designated by a majority vote of the board. Board administrative personnel are accredited representatives of the board and are responsible to the board.

(2) The board's office is located at 300 Maryland Avenue, Deer Lodge, Montana. It is open during regular business hours, Mondays through Fridays. As the board's staff is not always immediately available at the office, it is suggested that appointments be arranged in advance. The board staff structure of authority is organized as follows: (1) executive director, (2) administrative officer, (3) classification and treatment specialist, and (4) administrative support.

(3) The board will meet at least monthly for the purpose of interviewing inmates, conducting hearings and transacting its business. The board may conduct meetings at correctional facilities, pre-release centers, or regional prisons. The board may designate one of its members, one of its staff members, or an out-of-state adult correctional releasing authority to conduct hearings relative to parole release, plans for release on parole or revocation hearings.

(4) Dates and locations for each month's hearings are set at the previous monthly meetings, and notice thereof is given to all interested parties. However, hearing schedules are subject to change, and notice thereof will be given to all interested parties.

(5) The board is allocated to the department of corrections for administrative purposes only. As such, the board hires its own personnel and exercises its quasi-judicial and policy making function independently of the department and without approval or control of the department. None of the foregoing shall be construed in any way to preclude the board from implementing a common information system and sharing a common data base with the department germane to the functions of the board.

History: 46-23-218, MCA; IMP, 2-15-121, 2-15-124, 2-15-2302, and 46-23-104, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD, 1999 MAR p. 290, Eff. 2/12/99.

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