Montana § 2-15-2305 Montana Board Of Pardons And Parole -- Composition And Qualifications -- Allocation -- Quasi-Judicial

Montana Statutes

§ 2-15-2305 — Montana Board Of Pardons And Parole -- Composition And Qualifications -- Allocation -- Quasi-Judicial

Montana·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 15 EXECUTIVE BRANCH OFFICERS AND AGENCIES·Part 23 Department of Corrections

2-15-2305 . Montana board of pardons and parole -- composition and qualifications -- allocation -- quasi-judicial.

(1)There is a board of pardons and parole consisting of six members.

(2)Board members must possess at least one of the following qualifications:

(a)a college degree in criminology, corrections, or a related social science;

(b)at least 5 years of extensive work experience in corrections, the criminal justice system, or criminal law; or

(c)a law degree.

(3)Consideration should be given to balancing members' expertise or knowledge of:

(a)American Indian culture;

(b)serious mental illness and recovery from serious mental illness; and

(c)victim awareness.

(4)Board members shall serve staggered 6-year terms. The terms of board members run with the position, and if a vacanc

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2-15-2305 . Montana board of pardons and parole -- composition and qualifications -- allocation -- quasi-judicial. (1) There is a board of pardons and parole consisting of six members.
(2) Board members must possess at least one of the following qualifications:
(a) a college degree in criminology, corrections, or a related social science;
(b) at least 5 years of extensive work experience in corrections, the criminal justice system, or criminal law; or
(c) a law degree.
(3) Consideration should be given to balancing members' expertise or knowledge of:
(a) American Indian culture;
(b) serious mental illness and recovery from serious mental illness; and
(c) victim awareness.
(4) Board members shall serve staggered 6-year terms. The terms of board members run with the position, and if a vacancy occurs, the governor shall appoint a person to fill the unexpired portion of the term.
(5) The governor shall designate the presiding officer, as provided in 2-15-124 . The governor may designate a different presiding officer at any time. If the governor designates a different presiding officer, the former presiding officer still serves as a board member unless removed for cause pursuant to 2-15-124 (6).
(6) The board is allocated to the department of corrections for administrative purposes only as prescribed in 2-15-121 . However, the board may hire its own personnel, and 2-15-121 (2)(d) does not apply.
(7) The board is designated as a quasi-judicial board for the purposes of 2-15-124 , except that board members must be compensated as provided in 46-23-111 and the terms of board members must be staggered as provided in subsection (4).
(8) A favorable vote of a majority of the members of the board is required to implement a policy, procedure, or administrative rule. A favorable vote of the majority of the members of a hearing panel, as defined in 46-23-103 , is required to make decisions regarding parole and executive clemency.

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