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Victim Information for the Board of Pardons and Parole

Victim Notification form for Board of Pardons and Parole PDF

PAROLE PROCESS

Parole is the release of an inmate into the community prior to the completion of sentence subject to the orders of the Board of Pardons and Parole and the supervision of the Department of Corrections. The Parole Board is an independent agency and exercises its quasi-judicial and policy-making functions without the approval or control of the Department of Corrections. The Board acts somewhat like a Judge when making parole decisions and generally does so without review. The primary concern of the Board is the protection of the public. It is also important to note the Board members are not state employees, but are appointed by the Governor and confirmed by the Senate. They do not receive a salary but are reimbursed for expenses.

The purpose of parole is wide-ranging. Most offenders, even those serving life sentences, will have a lawful date for parole eligibility. There must be a way to reintegrate those offenders back into society. Parole is a proven method for the re-entry of incarcerated offenders into society. The need to earn parole motivates offenders to address problems that contributed to their criminal behavior. Parole is the public's last line of defense against the early release of unsuitable serious offenders. It simply makes good sense to screen serious offenders before their return to the community.

The mission of the correctional policy of the State of Montana is to:
    a) punish each offender commensurate with the nature and degree of harm caused by the offender;
    b) protect the public by incarcerating violent offenders and serious repeat offenders;
    c) provide restitution, reparation, and restoration to the victim (s) of the offense; and
    d) encourage and provide opportunities for the offender's self-improvement.

EXAMPLE OF PAROLE ELIGIBILITY CALCULATION

TIME FLIES

The usual initial reaction of a victim when notified their perpetrator is eligible for parole is shock. How can that be? He/she just got there.

    Inmates who committed a crime prior to April 13, 1995

  State law states they must be considered for parole with these guidelines in mind:
a non-dangerous offender is eligible for parole after serving 1/4 of his/her sentence, less good time earned in prison. The eligibility is further reduced by credited time served in jail prior to sentencing. A dangerous offender must serve 1/2 of his/her term with the same credits for good time and jail time.

  EXAMPLE: 10 years = 120 months ) 3 = 30 mos less 30 days per month good time = 15 mos or 1 year 3 months minus 3 months jail time credit = 1 year to eligibility.

NOTE: Good time also reduces discharge dates.

    Inmates who commit crimes between April 13, 1995, and January 31, 1997

  State law requires that they must serve 25% of the sentence to be eligible for parole. Good time and dangerous/non-dangerous designations have been removed; however, inmates will continue to receive 30 days per month good time for discharge purposes.

    Inmates who commit crimes after January 31, 1997

  State law requires that parole eligibility will be calculated at 25% of the sentence and inmates will have to serve 100% of a sentence to discharge.

  EXAMPLE: 10 years = 120 months ) 3 = 30 months to parole eligibility; 120 months to discharge whether in prison or on parole.

The Parole Board does not set initial parole eligibility dates. These dates are calculated by Prison Records in accordance with State law.

PAROLE IS A PRIVILEGE GRANTED TO OFFENDERS WHO EARN IT

  The Parole Board is required to consider certain factors when an inmate is considered for parole:

  1. Can the inmate be released without being a detriment to him/herself or the community;
  2. Will the best interest of society be furthered;
  3. Is the inmate able and willing to fulfill the obligations of a law-abiding citizen; and
  4. Would continued correctional treatment enhance the inmate's capacity to lead a law-abiding life.

  In this regard, the Board is required to interview the inmate prior to parole. At the time of the hearing, the Board receives relevant statements from interested persons and any person may be represented by counsel. The Board permits a victim to present a statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the prisoner should be paroled. The Board may also include the imposition of restitution as a condition of parole. The Board may keep testimony confidential.

VICTIM RIGHTS

  State law 46-24-201, MCA, requires law enforcement personnel to assure that a victim of a crime receives information about their rights; one of which is:
    (1)(d) (the) stages in the criminal justice process of significance to a crime victim and the manner in which information about such stages may be obtained.

    46-24-212, MCA, provides other victim rights information. Upon request of a victim of a felony offense, the department of corrections or the board of pardons and parole, as applicable, shall:
      (1) promptly inform the victim of the following information concerning a prisoner committing the offense:
        (a) the custody level;
        (b) the projected discharge or parole eligibility date;
        (c) the projected parole date, if reasonably ascertainable.
        (d ) the time and place of a parole hearing concerning the prisoner and the victim's to submit a statement to the board of pardons and parole under 46-23-202, MCA and
        (e) the community in which the prisoner will reside after parole;

      (2) provide reasonable advance notice to the victim be-fore release of the defendant on furlough or to a work-release program, half-way house, or other community-based program or correctional facility; and

      (3) promptly inform the victim of the occurrence of any of the following events concerning the prisoner:
        (a) an escape from a correctional or mental health facility or community program;
        (b) a recapture;
        (c) a decision of the board of pardons and parole;
        (d) a decision of the governor to commute the sentence or to grant xecutive clemency;
        (e) a release from confinement and any conditions attached to the release; and
        (f) the prisoner's death.

State law does not require that the Board of Pardons and Parole inform anyone of an inmate's parole eligibility dates, appearances, or release, unless specifically requested to do so by the victim or family. However, the Board does inform all interested parties of upcoming parole hearings. Every effort is made to inform, in writing, the sentencing Judge, county attorney, sheriff, chief of police, and parole office of an inmate's upcoming parole hearing.

VICTIM OBLIGATION

The obligation to inform a victim is contingent upon the victim informing the appropriate agency in writing of the name, address, and telephone number of the persons to whom the information should be provided and of any changes in name, address, or telephone number.

WHAT CAN I DO?

Regardless of the sentence, let the county attorney know you want to be notified of your perpetrator's movement within the criminal justice system. Keep the authorities apprised of changes in addresses or phone numbers.

If the person who committed the crime against you or your family is sent to prison, advise the county attorney that you wish to be notified according to your rights and request that the following provide notification:

Montana State Prison
400 Conley Road
Deer Lodge, MT 59722

Montana State Board of Pardons and Parole
1002 Hollenbeck Road
Deer Lodge, MT 59722

Montana Women's Prison
701 S. 27th St.
Billings, MT 59101

A victim or victim's family may be allowed to keep their testimony confidential. You can request notification of initial parole dates and appearances, release, movement of the inmate within the system, or any additional parole consideration while the inmate is serving the sentence for the crime of which you were a victim. You can appear before the Board to present oral testimony or you may submit written, audio, or video testimony. A copy of the form for notification from the Board is attached. It may be printed and sent to the address above.

You may also contact VINE, the free 24-hour automated hotline service for state adult offender information and release notification at 1-800-456-3076. VINE is sponsored by the Governor's Office in conjunction with the Department of Corrections and the Board of Crime Control. For more information regarding VINE, you can obtain a detailed pamphlet from the Board of Pardons and Parole or by contacting the Department of Corrections Victim Information Office at (406) 444-7461 or (888) 223-6332.

PAROLE SUPERVISION

When an offender is eligible for parole, it does not mean he/she will be released. As stated earlier, the Board considers a multitude of individual characteristics and circumstances in order to make that decision. These include, but are not limited to: criminal history, prior supervision, nature of the offense, institutional conduct and treatment accomplishments, as well as the adequacy of the inmate's parole plan.

The Board can deny parole and place the inmate on annual, biennial or extended review. The Board can deny parole and set a date for reappearance. The members can also deny parole, send the inmate to a treatment program in the prison or other appropriate program, or deny early release altogether.

If an inmate is granted parole, he/she is not free and clear. The parolee will be required to report regularly to a community based parole officer. The parolee is subject to numerous standard conditions (see Standard Parole Condition Table) and may be subject to several special conditions such as: no alcohol or bars; urinalysis testing; ongoing treatment for chemical dependency; sex offender aftercare; or mental health counseling. In certain circumstances, the Board can impose conditions suggested by the victim such as: no contact with victim or family, travel restrictions, and/or restitution. If a parolee becomes a risk or violates parole conditions, the Board can recommit the offender and assure continued incapacitation through detention. In each of these cases, the parolee is subject to very stringent conditions. Upon request of victims or authorities and with good cause, the Board can restrict travel, associations, and/or contacts. If you have problems with a parolee, you have every right to contact the parole office nearest you and request assistance.

We hope this information is beneficial to you, the victim. We find that most victims feel better once the process is explained and they can provide their input. Please contact the Board of Pardons and Parole for further information..

Standard Parole Conditions:

    1. RESIDENCE: You shall not change your place of residence without first obtaining permission from your PO.
    2. TRAVEL: You shall not leave your assigned district without first obtaining written permission from your PO.
    3. EMPLOYMENT: You shall maintain employment or a program approved by the Board of Pardons and Parole or your PO. You must obtain permission from your PO prior to any change of employment.
    4. REPORTING: You are required to report to your PO as directed.
    5. WEAPONS: You shall not own, possess or be in control of any fire-arms or deadly weapons, including black powder, as defined by state or federal law.
    6. FINANCIAL: You must obtain permission from your PO before financing a vehicle, purchasing property or engaging in business.
    7. SEARCH: Upon reasonable cause, you shall submit to a search of your person, vehicle, or residence by a Probation/Parole Officer, at any time, without a warrant.
    8. LAWS & CONDUCT: You shall comply with all city, county, state, and federal laws and ordinances, conduct yourself as a good citizen, and report any arrests or contacts with law enforcement to your PO within 72 hours.