HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

20.25.303    FURTHER ELIGIBILITY

(1) Unless the board otherwise orders, an inmate should have a minimum of 120 days disciplinary-clear status before appearing before the board and prior to release on parole, unless the inmate is a resident of a community based program, in which case a minimum of 90 days may be required. The board, through its staff, may delay release up to 120 days from the date of each major disciplinary report if the board determines that rescission is not in order.

(2) A detainer or hold filed against the inmate shall not bar the offender's appearance before the board. At its discretion the board may parole an inmate to a detainer. A detainer not exercised may require the reappearance of the inmate before the board for further consideration. If the board grants a parole to a plan other than the detainer, the authority filing the detainer or hold will be given written notice by the department as to the approximate date the inmate will be released.

(3) An inmate designated ineligible for parole by a state district court until specific condition(s) or restriction(s) are met, will not appear before the board until the ineligibility condition(s) have been satisfied. Upon satisfying the restriction(s) or condition(s) , and if otherwise eligible for parole, the inmate may request an appearance before the board and will be added to the next available board for consideration.

(4) An inmate may voluntarily waive a parole hearing and may remain on this status for a period of six months. Inmates who waive their parole hearing will have a mandatory parole hearing within six months or as close to six months as scheduling permits. The hearing month will be automatically set and the inmate will appear at a regularly scheduled board meeting, unless the inmate requests a hearing prior to this date and provides 30 days written notice to the board. The board, through its staff, will review all waivers for legitimacy and may accept or reject any waiver, if deemed necessary and proper. Subsequent waivers must have the approval of the board.

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.

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