Getting Ready for Parole

Parole – is the early release of an offender prior to the expiration of his or her sentence of incarceration. Parole is a privilege, not a right. The offender has the right to be released only upon completion of the sentence that was handed down by the court.

Parole eligibility date – Every offender sentenced to a Montana Department of Corrections secure facility is given a parole eligibility date. By statute, the date is one fourth (25%) of the sentence less jail credit for non-life sentences. This date is calculated by the Montana Department of Corrections Records Bureau. The information is given to the Parole Board and the offender.

Timing of parole hearing – When an offender who is in secure custody is two months away from their parole eligibility date (25% of their sentence), the Montana Department of Corrections Records Bureau notifies the Parole Board.

Formal pre-parole preparation – Facility staff on location then conduct a formal preparation meeting with the offender and explain the parole hearing and waiver processes. Resources and information such as an orientation manual and presentation on paroling process are available on tablets provided to offenders. At that time, offenders will complete a Parole Process Information Package and ask any questions they might have regarding the parole process.

ARM 20.25.401 - Hearing Highlights

(1) The presiding hearing panel member shall conduct hearings informally and shall have discretion to allow or not allow any proposed witness statements on recognized legal grounds. The board staff shall make a recording of all hearings in accordance with  46-23-110, MCA.

(2) Interested persons who wish to appear before the hearing panel must comply with board requirements as posted on its website including:

(a) notify the board staff not less than ten working days prior to the regularly scheduled hearing; and

(b) inform the board staff of the reason they wish to appear before the hearing panel and the relationship of the person to the offender at who’s hearing the person intends to appear.

• Any written correspondence and supporting documentation must be sent to the facility staff at the facility in which the offender is housed. The correspondence is then submitted to the board along with the offender's parole report.
• Offenders are informed that, should they be granted parole, a Request for Investigation (RFI) must be prepared. Once the RFI has been investigated and determined viable, a specific parole date will be declared and certificate generated. 
• It is imperative that offenders develop a sound plan that has been verified before they see the board. If the plan changes or is not approved, it will slow down the release process.

Waiver process – Offenders can waive their initial parole hearing for up to six (6) months if they feel it is in their best interest. Waivers can be determined to be not legitimate and appearance will be required. If offenders granted a waiver then decide they are ready to see the board before the six months is up, they can write and ask to be put on the board agenda.

Offenders should appear before the board in their best light. Before appearing, offenders should have:

• Maintained as much clear conduct as possible.
• Made all reasonable efforts to attend recommended programming that addresses their risk and need factors as recommended by the Department of Corrections.

Offenders are called from their housing units to wait for their hearing.

Hearing panel and other participants – The hearing is conducted by a panel of three Parole Board members assisted by BOPP staff.

It may also include opposition and support to include victims, witnesses, criminal justice representatives, family members, and prison and treatment personnel.

If victims, witnesses or family members have questions about the hearing or how to present testimony, they can contact board staff prior to the hearing.

The Hearing – All witness public statements, regardless of being support or opposition, should be directed to the hearing panel and not to the offender. The hearing will follow the steps below:

1. The board member leading the hearing will introduce the Parole Board members on the hearing panel and request the offender to confirm their identity.
2. The panel will discuss the offender’s record with the offender, and members ask the offender any questions they feel appropriate to make an objective, informed decision. See non-medical parole criteria outlined in 46-23-208 MCA.
3. The panel will ask if there are any witnesses in participation who would like to make a public statement in support of or opposition to the parole. Witnesses providing public statements will be provided with the opportunity to make their public statement directly to the panel free of any cross examination or interruption from the offender or any other witness in attendance.
4. The lead panel member will ask the offender to present his or her plan and explain why they think they should be granted parole.

5. Following the statements, the hearing panel members announce their decision, formally called the “parole disposition,” orally prior to the conclusion of the hearing. The offender will also be issued a formal written disposition within 21 calendar days of the hearing. 

   Pursuant to 46-23-215 MCA, when a hearing panel issues an order for parole, the order must recite the conditions of parole. The hearing panel shall consider the parole guidelines governing conditions and the parole plan provided by the department before imposing conditions of parole to address the offender's criminogenic risk factors. If restitution was imposed as part of the sentence under 46-18-201, the order of parole must contain a condition to pay restitution to the victim. The offender may not be paroled until the offender provides a biological sample for purposes of Title 44, Chapter 6, Part 1, if the offender has not already done so under 44-6-103 and if the offender was convicted of, or was found under 41-5-1502 to have committed, a sexual offense or violent offense.

   (b) The board may require the offender convicted of a sexual offense to refrain from direct or indirect contact with a victim of the crime or with an immediate family member of the victim. If a victim or an immediate family member request that the offender not contact the victim or immediate family member, the board shall require the offender to refrain from contact with the victim or immediate family member. If the victim is a minor, a parent or guardian of the victim may make the request on the victim's behalf.

   (c) An order for parole or any parole agreement signed by an offender may contain a clause waiving extradition.

   (3) Whenever a hearing panel grants a parole to an offender on the condition that the offender obtain employment or secure suitable living arrangements or on any other condition that is difficult to fulfill while incarcerated, the hearing panel or the presiding officer of the board may grant the offender a furlough, not to exceed two consecutive 10-day periods, for purposes of fulfilling the condition. While on furlough, the offender is not on parole and is subject to official detention as defined in 45-7-306. The offender remains in legal custody of the department and is subject to all other conditions ordered by the hearing panel or the presiding officer of the board.

   (4) For the purposes of this section, "sexual offense" and "violent offense" have the meanings provided in 46-23-502.

6. Family members and witnesses are also given an opportunity to ask questions of the board. The board or its staff can explain any programs or what will happen next in the process
7. The appropriate facility staff are also provided with a copy of the parole disposition. If the offender is granted parole, movement towards parole, or endorsements for community programs such as prerelease or treatment programs, the facility staff member sets up an appointment to meet with the offender to assist in preparation of the appropriate paperwork.

The Parole Board does not supervise offenders. That is done by the Department of Corrections.

RFI – If an offender is granted a parole, the facility staff member meets with the offender and completes an RFI. This includes:

• where the offender will reside and work
• special conditions of parole
• programming and projected program completion dates
• registration information for violent and sexual offenders
• whether any victims have been notified

Board review – The facility staff member forwards the completed Request for Investigation to the Parole Board office. Board staff checks the Request for Investigation for accuracy, prepares the field file and mails it to the DOC Probation and Parole office in the area where the offender wishes to reside. This typically takes BOPP staff about 5 days.

Probation and Parole (P&P) review – The assigned probation and parole officer (PO) then investigates the Request for Investigation and field file. As part of the investigation, the PO must go to the proposed residence and verify employment, if it is indicated in the plan. The PO either approves or denies the parole plan.

P&P has 15 business days to complete the investigation. This may be extended with extenuating or prohibitive circumstances (i.e. if the offender is a sexual or violent offender).

Approved plans – If the PO approves a plan, they fill out the paperwork and set a day for the offender to report to their office. This paperwork, which includes rules of parole, is sent to the Parole Board and to the facility staff member. The facility staff member goes over the rules of parole with offenders, making sure they understand the rules, and the offender signs the agreement and commits to abide by those rules.

The facility staff member issues a travel permit and arranges for the offender to leave the facility on parole. This process can take between four to six weeks, depending on outside agencies. The Parole Board has no control over either the prison facilities or the Department of Corrections. Each agency has a part to do in the process and is independent of the other. However, everyone works to ensure that offenders are paroled in an efficient manner.

Denied plans – If the PO denies a parole plan, they complete a form and state the reasons the plan was denied. The offender and facility staff members then try to develop an alternate plan, or to rectify the parts of the plan that were not acceptable. The facility staff members continue to work with the offender until all possibilities are exhausted. If no parole plan can be developed, the facility staff member can contact BOPP staff to request  the Parole Board to review the case. Offenders may only make such requests to BOPP through their assigned facility staff. Offenders making such requests directly to BOPP will be directed to their assigned facility staff.

Sexual or Violent Offender Registration – Any violent or sexual offender must register with the appropriate agency 10 days prior to release from the institution. This registration may add some time to the release process but is set out by statute and must be followed. The Registry is run by the Montana Department of Justice. Sexual offenders who do not live in a fixed location regularly must register within three days of entering a Montana county. They are also required to report in person monthly to the registering agency. For any questions, these offenders should refer to Montana Code Annotated 46-23-505.

Parole to another state – Offenders can ask for a parole to another state. Offenders must meet certain requirements to be supervised through the Interstate Compact. They must:

• have immediate family in that state who are willing to provide financial support
• have been a resident in that state immediately prior to committing their offense

Offenders or their family must pay the Department of Corrections a $100 non-refundable fee for processing the Interstate Compact paperwork. If offenders do not have sufficient funds, they can work with the facility staff member to see if the fee can be waived.

An interstate parole may take longer to process, typically around 60 to 90 days.

• The facility staff member and offender complete the Request for Investigation along with an application for Interstate Compact services.
• The application is forwarded to the Parole Board and reviewed for accuracy before being sent to the Montana Interstate Compact Office in Helena.
• The Compact Office then sends it to the state the offender wishes to reside in and that state conducts its investigation.
• The receiving state notifies Montana and arrangements for release are made as mentioned above, with offenders signing the rules and getting the required travel permits.

The 2023 Montana Legislature approved, and Governor Gianforte signed HB 426, which authorizes the Department of Corrections to place offenders in pre-release centers to prepare them for release to the community. To be eligible, offenders must be within 14 months of their parole eligibility date or within 14 months of their discharge date. This means that it only applies to offenders who have not yet seen the Board of Pardons and Parole or those nearing the discharge of their sentence.

Currently, the Policy Directive from the Department of Corrections implementing this statute allows consideration of those within 14 months of their parole eligibility date and allows those who are nearing the discharge of their sentence to possibly attend programming prior to expiration.

Those who have already seen the Board of Pardons and Parole and have a disposition from the board must follow the requirements in that and are thus not eligible for the Institutional Screening process. They are under the authority of the Parole Board and must have a board disposition to transfer to a treatment facility and/or a pre-release center.