20.25.403 EARLY CONSIDERATION
(1) Whenever an offender's next scheduled administrative review is more than one year away, the offender may submit to the board a request for early consideration stating new information or change in circumstances that bears on their suitability for parole. An offender may not submit more than one request for early consideration annually.
(2) The passage of time alone is not considered new information.
(3) The board will screen the request to confirm that one of the following criteria for early consideration is met:
(a) a change in the offender's status since the last parole consideration tending to demonstrate the offender's ability and willingness to fulfill the obligations of a law-abiding member of the public;
(b) the offender has completed treatment or an educational program;
(c) the offender has fulfilled other conditions ordered by the hearing panel or has been unable to fulfill them due to factors outside the offender's control;
(d) the hearing panel's previous disposition was based on erroneous information or misinformation;
(e) the offender has developed a suitable release plan or there has been a substantial change in the offender's previous release plan to warrant reconsideration;
(f) the victim or community no longer objects to the offender's release; or
(g) correctional staff has made a recommendation for earlier administrative review or reappearance.
(4) If the offender meets one of the criteria in (3) the board will exercise its discretion to determine whether to grant early consideration.
(5) If the request is denied, the notice to the offender will state the reasons for the denial. If the request is granted, the notice will state the date on which the administrative review will be conducted.
History: 46-23-201, 46-23-218, MCA; IMP, 46-23-201, 46-23-218, 46-24-212, MCA; NEW, 2022 MAR p. 1194, Eff. 7/9/22.