This is an obsolete version of the rule. Please click on the rule number to view the current version.

20.25.201    OBJECTIVES

(1) The principal objective of the board is to affect the release from confinement of appropriate eligible offenders before the completion of the full term of commitment while still fully protecting society. The board may only grant a release when, in the board's opinion, there is a reasonable probability it can release the offender without detriment to the offender or the community. When the board grants a release the offender is subject to the conditions imposed by the board and the supervision authorized by governing statutes, rules, and policies of the department. The board will conduct business fairly and consistently and base decisions on public safety concerns, successful offender reentry, and sensible use of state resources.

(2) An offender must serve the statutorily or court-imposed amount of time before the board may consider the offender for release. Release before the offender serves the entire sentence is a privilege, not a right. The board may only grant a release for the best interest of society and when the board believes the offender is able and willing to fulfill the obligations of a law-abiding citizen and not as an award of clemency or a reduction of sentence or pardon.

(3) The department, after it utilizes its screening process, may transfer an offender from prison to prerelease before the offender is eligible for parole. In the case of such transfer, when the offender is eligible for parole, the board, after review of the entire offender file or summary, will conduct an impartial hearing.

(4) Board members and designated staff will participate in federal, state, and regional criminal justice planning efforts and meet periodically with relevant criminal justice personnel.

History: 46-23-218, MCA; IMP, 46-23-218, 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.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security