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 March 31, 1999. Following the 2003 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.

Admin_rule_20.25.101 - Organization of the Board

Admin_rule_20.25.102 - Board member training

Admin_rule_20.25.601 - Rescission Hearing

Admin_rule_20.25.201 - Objectives of Release

Admin_rule_20.25.602 and 3 - Rescission Procedure and Decision

Admin_rule_20.25.202 - Definitions

Admin_rule_20.25.701 - Release on Parole

Admin_rule_20.25.301 - Initial Eligibility

Admin_rule_20.25.702 - Conditions

Admin_rule_20.25.302 - Parole Plan

Admin_rule_20.25.703 - Special Conditions

Admin_rule_20.25.302a - Medical Parole

Admin_rule_20.25.704 - CDFS

Admin_rule_20.25.303 - Further Eligibility

Admin_rule_20.25.705 - Final Discharge

Admin_rule_20.25.304 - Consecutive Sentence

Admin_rule_20.25.801 - Revocation Hearings

Admin_rule_20.25.401 - Hearing Procedure

Admin_rule_20.25.802 - Contested Revocation Hearings

Admin_rule_20.25.501 - Decision of Board

Admin_rule_20.25.901 - Executive Clemency Applications

Admin_rule_20.25.502 - Form and Delivery

Admin_rule_20.25.901A - Executive Clemency Policy

Admin_rule_20.25.504 - Investigation

Admin_rule_20.25.902 - Investigations

Admin_rule_20.25.505 - Criteria for Decision

Admin_rule_20.25.903 and 4 - Hearing Procedure and Decision

Administrative Rules 1999-2000 - full document PDF