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

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

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.