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20.25.704    CONDITIONAL DISCHARGE FROM SUPERVISION

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

(2) The board retains the right to return a parolee to active supervision even when conditionally discharged from supervision, upon request of the supervising agency and if, in the board's opinion, this action is in the best interest of society and the parolee.

(3) Parolees convicted of violent offenses may be recommended for conditional discharge after the parolee has served a minimum time on parole of:

(a) Four consecutive years of satisfactory parole adjustment; or

(b) Three consecutive years of exemplary parole adjustment.

(4) Parolees convicted of non-violent offenses may be recommended for a conditional discharge from supervision after the parolee has served a minimum of time on parole of:

(a) Three consecutive years of satisfactory parole adjustment; or

(b) Two consecutive years of exemplary parole adjustment.

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.

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