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

Montana Statutes

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

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 23 PROBATION, PAROLE, AND CLEMENCY·Part 10 Supervision of Probationers and Parolees

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.

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