Administrative Rule 20.25.501

20.25.501 DECISION

  1. A final decision of the hearing panel must be by a majority vote, must be in writing, and must be signed by at least two panel members.
  2. Following the parole hearing, the hearing panel may make any of the following dispositions:
    1. grant parole;
    2. grant conditional parole, subject to approval and verification of the parole plan;
    3. grant conditional parole to occur within a specified time period or upon completion of a contingency, including but not limited to completion of treatment or prerelease, completion of additional clear conduct, or completion of a specific amount of time on the sentence;
    4. continue the offender to a subsequent reconsideration hearing at an interval consistent with ARM 20.25.402(2) and (3), but in any case not to exceed six years.  The hearing panel may order that the offender is not subject to administrative review except as provided in ARM 20.25.402(6);
    5. schedule an administrative review; and
    6. pass the offender to discharge if the date of discharge is less than six years away or if the offender has requested to serve to discharge.
  3. If the hearing panel denies the offender parole, the disposition must state the reasons for denial.
  4. The decision of the hearing panel, including reasons for such, will be delivered to the offender and any victims who have requested the board's decision within 21 calendar days of the hearing.
  5. Board staff will post information regarding hearing panel decisions on individual cases on its web site within 21 calendar days of the hearing panel's decision.
  6. If a two-member hearing panel is unable to reach a unanimous decision, the board chair shall appoint a third member to consider all pertinent information and render a final decision.
  7. If the offender can present evidence that the hearing panel's decision was based on erroneous or false information, or that a hearing was not conducted according to the board procedure, a newly appointed hearing panel may reconsider the decision.
    1. The offender must submit a written request for reconsideration to the board chair or designee within 60 days following the delivery of the written disposition.
    2. If the offender presents sufficient evidence the chair or designee will forward the case to a hearing panel for its consideration.
  8. A duly constituted hearing panel will make the following administrative decisions at the board's monthly business meeting after panel members have reviewed the offender's case record.  Those decisions do not require the approval of the members who made the most recent parole determination:
    1. revocation of parole if the offender has waived the hearing;
    2. rescission of previously granted parole;
    3. the addition or deletion of special conditions;
    4. requests for supervision fee waivers;
    5. requests for conditional discharge from supervision; and
    6. a change or modification of a previous hearing panel decision that does not reverse a parole denial or a parole grant decision.  (History: 46-23-218, MCA; IMP, 46-23-107, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 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; AMD, 2012 MAR p. 1619, Eff. 8/10/12.)