Administrative Rule 20.25.402
Administrative Rule 20.25.402
20.25.402 ADMINISTRATIVE REVIEW, REAPPEARANCE, AND EARLY REVIEW
- After the initial parole hearing, if the hearing panel does not grant a parole it may set a date on which the offender may reappear for a subsequent parole hearing. If the hearing panel does not set a reappearance date, an administrative review of the offender's case will be conducted at intervals as outlined below:
- The purpose of administrative review is to consider any significant developments or changes in the offender's status that may have occurred subsequent to the last parole consideration; it is not a hearing, but is a review based on the record.
- For the administrative review, board staff will submit a report outlining the offender's developments, including the offender's progress and conduct since the last consideration and present the information to the board.
- Unless the offender presents good cause for earlier administrative review pursuant to (6), the reviews will be conducted according to the following schedule or as otherwise ordered by the hearing panel, but in any case, not to exceed six years:
- If the offender's prison discharge date is less than five years away, the offender's case will be reviewed no less than annually.
- If the offender's prison discharge date is between five and ten years away, the offender's case will be reviewed no less than every three years.
- If the offender's prison discharge date is ten or more years away, the offender's case will be reviewed no less than every six years.
- Following an administrative review, the hearing panel in its sole discretion may order no change in the previous parole decision, may schedule the offender to reappear before a hearing panel for a parole hearing, may modify or rescind a previously granted parole, or may grant a parole. If the panel grants a parole, board staff must inform any registered victim.
- A hearing panel may not grant a parole upon administrative review to a sexual or violent offender, an offender with a history of felony sexual or violent convictions, or an offender for whom criminal justice authorities or victims have previously objected to parole.
- Whenever the scheduled administrative review is over one year away, the offender may submit to board staff a request for early administrative review if the offender can show new information or a change in circumstances that would affect suitability for parole.
- The passage of time alone is not considered new information.
- The offender may not submit more than one request every six months for earlier administrative review.
- Staff will screen the request and determine if one of the following criteria is met.
- change in the offender's status since the last administrative review that would demonstrate that the offender is able and willing to fulfill the obligations of a law-abiding citizen;
- the offender has maintained good conduct and if not, the nature and severity of the misconduct is negligible;
- the offender has completed treatment or educational programs;
- the offender has fulfilled other conditions ordered by the board or has been unable to fulfill them due to factors outside the offender's control;
- the hearing panel's previous disposition was based on erroneous information or misinformation;
- the offender has developed a suitable release plan or there has been substantial change in the offender's previous plan to warrant reconsideration;
- the victim or community no longer objects to the offender's release; or
- correctional staff has made a recommendation for earlier administrative review.
- If board staff determines the offender meets one of the above-listed criteria, it will refer the request for early review to the board chair or designee to determine whether to schedule an early review. Board staff may not refer an offender for early administrative review if the offender has been involved in multiple or major misconduct since the hearing panel's last hearing or administrative review or a hearing panel has specifically prohibited early administrative review.
- Board staff will notify the offender in writing if early review has been granted or denied. 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 review will be conducted. (History: 46-23-218, MCA; IMP, 46-23-218, 46-23-212 MCA; NEW, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12.)