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(1) The board is a quasi-judicial body and is administratively attached to the Department of Corrections. The board consists of seven members who are appointed by the governor; three members and four auxiliary members. The board shall administer executive clemency and parole processes and procedures, and ensure the effective application of and improvements to the clemency and release system as well as of the laws upon which they are based.

(2) The board chair is specifically designated by the governor and the vice-chair is designated by a majority vote of the board. The vice-chair assumes the duties of the chair when the chair is not present. Individual board members shall, prior to hearing a case, disclose any conflict of interest and recuse themselves in cases in which it has been determined that a conflict of interest is clearly identified.

(3) The board's main office is located in Deer Lodge, Montana.

(4) The board, by majority vote of all members, hires an executive director, who oversees the day to day financial, administrative, and personnel policies and procedures of the board. The executive director also coordinates board member, hearing panel, and board staff work schedules, and fulfills other duties as assigned by the board chair. The executive director hires board staff as deemed necessary and as provided by legislative appropriation. Board administrative personnel represent the board in official board actions. All board personnel are state employees with all the benefits and protections afforded state employees.

(5) The board will meet at least monthly to conduct hearings and transact its business. The board may conduct meetings and hearings at any location suitable for that purpose.

(6) The board chair or designee, in consultation with the board members:

(a) assigns hearing panels to conduct parole hearings, revocation hearings, rescission hearings, administrative parole reviews, reconsideration of previous parole decisions, and to make final decisions and recommendations in matters of executive clemency;

(b) requests out-of-state adult correctional releasing authorities to conduct courtesy hearings on behalf of the board; and

(c) designates presiding hearing panel members.

(7) The vote of at least a majority of all members of the board is required to adopt any change in established rule, policy, and/or procedure, unless otherwise provided by law.

(8) The board will set hearing and meeting dates suitably in advance and publish them on the board's official web site, but the dates are subject to change.

(9) The board executive director will maintain, review, and update at least annually a written description and an organizational chart that accurately reflects the structure of authority, responsibility, and accountability within the board.


History: 46-23-218, MCA; IMP, 2-15-121, 2-15-124, 2-15-2302, 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; AMD, 2010 MAR p. 2816, Eff. 12/10/10.

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