Montana § 46-23-1015 Informal Probation Violation Intervention Hearing

Montana Statutes

§ 46-23-1015 — Informal Probation Violation Intervention Hearing

Montana § 46-23-1015

Title 46CRIMINAL PROCEDURE

Ch. 23PROBATION, PAROLE, AND CLEMENCY

Part 10Supervision of Probationers and Parolees

This text of Montana § 46-23-1015 (Informal Probation Violation Intervention Hearing) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-23-1015 (2026).

Text

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

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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.