Montana Board of Pardons & Parole

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Administrative Rules

Montana law provides:

46-23-218: Authority of the board to adopt rules. The board may adopt any rules that it considers proper or necessary with respect to the eligibility of prisoners for parole, the conduct of parole hearings, video hearings, progress reviews, the conduct of revocation proceedings, clemency proceedings, and conditions to be imposed upon parolees.

The Board’s rules were last revised and published December 10, 2010. Following the 2011 legislative session various revisions will again be proposed. Rule making by the Board of Pardons and Parole is exempt from the notice and comment or opportunity for hearing requirement of the Montana Administrative Procedure Act. However, the Board does publish notice of proposed revisions as a courtesy to those persons who may wish to offer comments and suggestions before the Board makes its final decision. Changes in the rules are usually proposed to arrange the rules more logically or to conform to amendments of the statutes enacted by the legislative session and more clearly outline the activities of the Board.