(1) If the hearing panel does not grant parole at the initial parole hearing, the hearing panel shall set either a reappearance or an administrative review in accordance with 46-23-201(5), MCA. If an administrative review is set, it will be conducted in accordance with the following:
- (a) The purpose of administrative review is to consider any significant developments or changes in the offender's status that may have occurred subsequent to the last parole consideration; it is not a hearing, but is a review based on the record.
- (b) For the administrative review, prison staff will prepare and submit to the board, a report outlining the offender's developments, including the offender's progress and conduct since the last consideration.
- (2) Following an administrative review, the hearing panel in its sole discretion may order no change in the previous parole decision, may schedule the offender to reappear before a hearing panel for a parole hearing, may modify or rescind a previously granted parole, or may grant a parole. If the panel grants a parole, board staff must inform any registered victim.
- (3) A hearing panel may not grant a parole upon administrative review to a sexual or violent offender, an offender with a history of felony sexual or violent convictions, or an offender for whom criminal justice authorities or victims have previously objected to parole.
Authorizing statute(s): 46-23-201, 46-23-218, MCA
Implementing statute(s): 46-23-201, 46-23-218, 46-24-212, MCA
History: NEW, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2022 MAR p. 1194, Eff. 7/9/22.