Montana Code Annotated
Part 10. Supervision of Probationers and Parolees
46-23-1015. Informal probation violation intervention hearing

46-23-1015. Informal probation violation intervention hearing. (1) A probation and parole officer who reasonably believes that a probationer has violated a condition of probation shall consult the incentives and interventions grid adopted under 46-23-1028 to determine an appropriate response and may initiate an informal probation violation intervention hearing to gain the probationer's compliance with the conditions of probation without a formal revocation hearing under 46-18-203.
(2) A hearings officer designated by the department shall conduct the intervention hearing.
(3) If the hearings officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearings officer shall consult the incentives and interventions grid and determine an appropriate response, including whether to:
(a) order the probationer to serve, or receive credit for serving, up to 30 days in detention;
(b) recommend electronic monitoring or day reporting for up to a 90-day period;
(c) recommend placement in a community corrections facility or program for up to a 90-day period, including but not limited to placement in a prerelease center, sanction or hold bed, transitional living program, enhanced supervision program, relapse intervention bed, chemical dependency treatment, or 24/7 sobriety program; or
(d) direct the probation and parole officer to initiate a petition for revocation under 46-18-203, if the violation is not a compliance violation or if it is a compliance violation and appropriate responses under the incentives and interventions grid have been exhausted.
(4) If the hearings officer recommends a response under subsection (3)(b), the hearings officer shall notify the probationer of the recommendation and of the probationer's right to instead have the matter referred by petition for a revocation hearing under 46-18-203.
(5) The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this section.
(6) All sanction and placement decisions must be documented in the offender's file.
History: En. Sec. 6, Ch. 493, L. 2001; amd. Sec. 4, Ch. 517, L. 2005; amd. Sec. 13, Ch. 390, L. 2017; amd. Sec. 4, Ch. 391, L. 2017.

Structure Montana Code Annotated

Montana Code Annotated

Title 46. Criminal Procedure

Chapter 23. Probation, Parole, and Clemency

Part 10. Supervision of Probationers and Parolees

46-23-1001. Definitions

46-23-1002. Powers of department

46-23-1003. Qualifications of probation and parole officers

46-23-1004. Duties of department

46-23-1005. Misdemeanor probation offices -- misdemeanor probation officers -- costs

46-23-1006. through 46-23-1009 reserved

46-23-1010. Sexual offenders -- electronic monitoring program -- contract -- rules

46-23-1011. Supervision on probation

46-23-1012. Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention

46-23-1013. Repealed

46-23-1014. When probationer considered a fugitive

46-23-1015. Informal probation violation intervention hearing

46-23-1016. Commitments to department -- report to sentencing court -- data

46-23-1017. through 46-23-1019 reserved

46-23-1020. Conditional discharge -- definition -- revocation

46-23-1021. Supervision on parole

46-23-1022. Parole services

46-23-1023. Arrest of alleged parole violator

46-23-1024. Initial hearing after arrest

46-23-1025. Report to and action by board

46-23-1026. When prisoner considered a fugitive

46-23-1027. Parole achievement credit

46-23-1028. Supervision responses grid -- report

46-23-1029. and 46-23-1030 reserved

46-23-1031. Supervisory fees -- account established

46-23-1032. Federal forfeiture funds -- use

46-23-1033. Repealed

46-23-1034. through 46-23-1039 reserved

46-23-1040. Policy -- housing options after release

46-23-1041. Rental vouchers