Administrative Rule 20.25.704

20.25.704 CONDITIONAL DISCHARGE FROM SUPERVISION

  1. Upon recommendation of the supervising parole officer, a hearing panel may conditionally discharge a parolee from parole supervision before the expiration of the sentence, if the panel 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.
  2. During a conditional discharge the following apply:
    1. the parolee is not supervised by the department;
    2. the parolee will not pay supervision fees; and
    3. f the parolee becomes a resident of another state, the parolee's sentence is discharged, but the parolee can be revoked as in (7).
  3. After the parolee has served one year of active supervision, the parole officer will review the parolee's file and may recommend a parolee for conditional discharge.
  4. When a hearing panel considers granting a conditional discharge from supervision, it will consider the achievement credits the parolee has accrued pursuant to 46-23-1027, MCA.
  5. If a hearing panel grants a conditional discharge from supervision it may order the parolee to submit written reports to the board once a year, reporting the parolee's address, and any contacts the parolee has had with law enforcement.
  6. A hearing panel may return a parolee to active supervision or amend the conditions of the conditional discharge if, in the opinion of a hearing panel, this action is in the best interest of society and the parolee has committed any of the violations listed in (7).
  7. The board may revoke a parole, even when the parolee is conditionally discharged from supervision, if the parolee:
    1. is charged with a felony offense;
    2. is charged with a misdemeanor offense for which the parolee could be sentenced to incarceration for a period of more than six months; or
    3. the parolee fails to report his/her address and law enforcement contacts.  (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; AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12.)