§ 52-5-111 — Commutation Of Sentence To State Prison Facility And Transfer Of Prisoner To Correctional Facility

52-5-111 . Commutation of sentence to state prison facility and transfer of prisoner to correctional facility. (1) Upon the application of a person who has not attained 18 years of age who has been sentenced to a state prison facility or upon the application of the youth's parents or guardian, the governor may, after consulting with the department of corrections and with the approval of the board of pardons and parole, commute the sentence by committing the person to the department of corrections for placement in a correctional facility if the person may benefit from programs offered at a correctional facility. Except as provided in subsection (2), the commutation continues in effect until the youth is 18 years of age or until sooner placed or discharged.
(2) If the youth's behavior after being committed to the department of corrections as provided in subsection (1) indicates that the youth is not a proper person to reside at one of the correctional facilities, the governor, after consulting with the department of corrections and with the approval of the board of pardons and parole, may revoke the commutation and return the youth to a state prison facility to serve out the youth's unexpired term, and the time spent by the youth at one of the correctional facilities or while a refugee from one of the correctional facilities may not be credited against the youth's original sentence.
(3) Independent of the commutation of sentence procedures provided for in subsections (1) and (2), on recommendation of the warden and with the approval of the department of corrections, a person under 18 years of age who has been sentenced to a state prison facility and who may benefit from programs offered at a correctional facility may be transferred to any correctional facility under the jurisdiction and control of the department of corrections.
(4) If the youth's behavior after transfer to a correctional facility indicates that the youth might be released on parole or that the youth's sentence might be commuted and the youth be discharged from custody, the superintendent of the facility, with the approval of the department of corrections, may make an appropriate recommendation to the board of pardons and parole and the governor, who may in their discretion parole the person or commute the youth's sentence.
(5) If the youth's behavior after transfer to a correctional facility indicates that the youth is not a proper person to reside in the facility, upon recommendation of the superintendent and with the approval of the department of corrections, the youth must be returned to a state prison facility to serve out the unexpired term.

Legislative History

En. Sec. 54, Ch. 199, L. 1965; amd. Sec. 17, Ch. 320, L. 1967; amd. Sec. 1, Ch. 367, L. 1971; R.C.M. 1947, 80-2210; amd. Sec. 19, Ch. 38, L. 1979; amd. Sec. 3, Ch. 233, L. 1983; amd. Sec. 107, Ch. 609, L. 1987; amd. Sec. 3, Ch. 212, L. 1989; Sec. 53-30-212, MCA 1989; redes. 52-5-111 by Code Commissioner, 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 7, Ch. 579, L. 1993; amd. Sec. 378, Ch. 546, L. 1995; amd. Sec. 63, Ch. 550, L. 1997; amd. Sec. 34, Ch. 339, L. 2021.