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(1) Upon recommendation of the supervising parole officer, a board hearing panel may conditionally discharge a parolee from parole supervision before the expiration of the sentence, if the panel determines that such conditional discharge is in the best interests of the parolee and society, and will not present an unreasonable risk of danger to society or the victim of the offense. However, the board may revoke a parole, even when the parolee is conditionally discharged from supervision, if the parolee violates any laws or ordinances and/or conditions that the board has imposed upon the parolee's conditional discharge.

(2) The parole officer will review the parolee's file and may recommend a parolee for conditional discharge after the parolee has served one year of active supervision. The parole officer will recommend conditional discharge unless a reason exists to continue parole supervision.

(3) When a hearing panel considers granting a conditional discharge from supervision, it will consider the achievement credits the parolee has accrued pursuant to 46-23-1027, MCA.

(4) If a hearing panel grants a conditional discharge from supervision it must order the conditions the parolee must meet while on conditional discharge. At a minimum, the panel must order that the parolee report once a year, report any address or employment changes immediately to the parolee's supervising officer, and report any contacts with law enforcement. The parolee also remains subject to search upon a parole officer's reasonable suspicion the parolee has violated parole.

(5) A board hearing panel may return a parolee to active supervision or amend the conditions of the conditional discharge upon request of the supervising agency, if, in the panel's opinion, this action is in the best interest of society and the parolee.


History: 46-23-218, MCA; IMP, 46-23-215, MCA; NEW, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; AMD, 2010 MAR p. 2816, Eff. 12/10/10.)

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