Current through the 2023 Regular Session
Section 2-15-2305 - Montana board of pardons and parole - composition and qualifications - allocation - quasi-judicial(1) There is a board of pardons and parole consisting of five members.(2) Board members must possess at least one of the following qualifications: (a) a college degree in criminology, corrections, or a related social science;(b) at least 5 years of extensive work experience in corrections, the criminal justice system, or criminal law; or(3) Consideration should be given to balancing members' expertise or knowledge of: (a) American Indian culture;(b) serious mental illness and recovery from serious mental illness; and(4) Board members shall serve staggered 6-year terms. The terms of board members run with the position, and if a vacancy occurs, the governor shall appoint a person to fill the unexpired portion of the term.(5) The governor shall designate the presiding officer, as provided in 2-15-124. The governor may designate a different presiding officer at any time. If the governor designates a different presiding officer, the former presiding officer still serves as a board member unless removed for cause pursuant to 2-15-124(6).(6) The board is allocated to the department of corrections for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.(7) The board is designated as a quasi-judicial board for purposes of 2-15-124, except that board members must be compensated as provided in 46-23-111, the terms of board members must be staggered as provided in subsection (4), and the provisions of 2-15-124(1) do not apply to the board.(8) A favorable vote of a majority of the members of the board is required to implement a policy, procedure, or administrative rule. A favorable vote of the majority of the members of a hearing panel, as defined in 46-23-103, is required to make decisions regarding parole and executive clemency.Added by Laws 2017, Ch. 392,Sec. 1, eff. 7/1/2017.