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20.25.401    HEARING PROCEDURE

(1) An inmate upon application will systematically come before the parole board for a nonmedical parole interview at the time fixed by law. Within two months prior to the actual eligibility date, or as soon thereafter as possible, the board will consider all pertinent information regarding each inmate. Prior to ordering parole the board will interview the inmate. Interested persons may file written communications relating to a parole hearing with the board staff at any time, and these will be given due consideration at the time of the hearing. Interested persons may arrange for personal interviews with the board staff by appointment.

(2) An inmate will come before the board for a medical parole in a timely period after the department of corrections notifies the board in writing that the inmate is eligible and provides the board with necessary information.

(3) All interviews and hearings before the board shall be conducted informally under the direction of the chair, designated chair or designated hearings officer. The length of the hearings will be determined by the nature of the particular case.

(4) Unless the board otherwise orders, interested persons of legal age who wish to appear before the board and have relevant statements to present shall notify the board in writing not less than three days prior to the regularly scheduled formal hearing of the reason for intent to appear before the board, the date of intended appearance and the relationship of the individual to the inmate at whose hearing the person intends to appear. The board shall have discretion to determine the relevancy of the proposed testimony and the number of interested persons who shall appear at any hearing. Such determinations will be made on a case-by-case basis.

(5) The board will permit a victim to present a statement concerning:

(a) the effects of the crime on the victim;

(b) the circumstances surrounding the crime; and,

(c) the victim's opinion regarding whether the offender should be paroled.

(6) At the board's discretion, the victim's statement may be kept confidential.

(7) The board shall consider the victim's statement along with the other information presented in determining whether to grant parole.

(8) If the board is going to discuss confidential information, it may close the meeting to protect the individual privacy rights of the persons providing that information and of the persons who are the subject of the information being provided. All social records, including the presentence report, the pre-parole report, and the supervision history obtained in the discharge of official duty are deemed confidential criminal justice information. However, the board may, in its discretion, when the best interest or welfare of a particular defendant or inmate makes such action desirable or helpful, permit open discussion of the social record or any parts thereof in the presence of the inmate or his attorney. Once the board has finished considering the confidential information, it shall reopen the meeting and deliberate on the decision.

(9) When a board member or board staff member has been designated as a hearings officer, the hearing officer will issue a recommended case disposition to the full board and to the inmate and advise the inmate of the date, and location of the board hearing at which time a final decision will be rendered.

(10) When an inmate has met the requirements of the law regarding parole, and the rules made thereunder, the board may issue an order granting the inmate permission to serve the remainder of the sentence outside the prison under such conditions as the board may impose.

(11) The board will reach its own conclusions under the law as to the desirability of granting a release to any inmate. The conclusions of the board shall be incorporated in a written case disposition sheet, whether the parole is approved or denied, and will include any special conditions to be required of the parolee. The case disposition sheet will be placed in the inmate's file. Unless the board or a court otherwise orders, all information, records and reports received by the board shall be kept confidential and made a part of the inmate's personal file.

(12) All orders of release on parole must be issued from the board and must be signed by at least two board members.

(13) When an inmate has been denied parole, written notification of that decision must be issued to the inmate by the board and must include the reason(s) for the denial and a notice of the date on which the applicant may reapply. If parole is denied, the inmate may be required to serve until discharge. If a parole is denied, earlier review of an inmate's case, other than the date set by the board, requires approval of the board. The board staff will determine which requests have sufficient merit to require final board review and approval. This determination may require a progress and conduct report from the department of corrections. In the event an early appearance or administrative review is granted, the inmate will be notified by the board.

(14) An inmate who is not interested in parole release may waive the right to personally appear before the board. The inmate will acknowledge the fact that the board will render a decision based on the written record and on the fact the inmate is not interested in parole.

(15) The board may conduct hearings wherein the inmate appears before the board by means of two-way interactive video teleconferencing and administrative reviews by means of telephone conference.

History: 46-23-108 and 46-23-218, MCA; IMP, 46-23-204, 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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