## Parole and supervised release in Montana **Parole** is the conditional release of a prisoner before completing their full sentence — under supervision in the community. About half of states have abolished traditional parole in favor of "truth in sentencing" or determinate-sentencing systems. ### Montana system Discretionary parole. ## Discretionary parole vs mandatory release **Discretionary parole** — parole board reviews and decides whether to release. Subjective, often based on: - Behavior in custody - Treatment program completion - Risk assessment - Victim input - Public-safety concerns **Mandatory release / supervised release / post-release control** — by law, the prisoner is released after serving X% of the sentence (typically 50-85%) and supervised in the community for a defined period. No discretion. ## Truth in sentencing **Truth-in-sentencing** laws — passed by many states in the 1990s under federal pressure — eliminated traditional parole for serious offenses. Instead: - Defendant serves a defined % of sentence (often 85% for violent crimes) - Limited "good time" credits - Determinate sentence (judge sets the time) - Post-release supervision afterwards States that abolished parole: ME (1976), DE (1990), KS (1993, partial), VA (1995), AZ (1994), MS (1995), NC (1994), MN (1980), WA (1984), WI (2000). ## Parole eligibility In states with discretionary parole: - Calculated based on the **minimum sentence** - Most violent offenses require serving more time before eligibility - Sex offenses + violent offenses often have higher eligibility thresholds - Capital offenses often parole-ineligible (life without parole = LWOP) - "Good time" credits can advance eligibility ## The parole hearing Typical structure: 1. **Notice of hearing** — to inmate, victims, prosecutor 2. **Pre-hearing investigation** — by parole officer 3. **Hearing** — usually before parole board (3-5 members in most states) 4. **Inmate testimony** — many states allow 5. **Victim testimony / written statements** — often heavily considered 6. **Parole officer recommendation** 7. **Decision** — usually written, sometimes appealable ## What boards consider - Severity of offense - Criminal history - Behavior in custody (disciplinary history) - Programming / treatment completion (substance abuse, anger management, sex offender treatment) - Educational / vocational achievements - Acceptance of responsibility - Release plan (housing, employment, family support) - Mental-health stability - Risk assessment results - Victim impact / opposition ## Parole denial If parole denied, the inmate continues serving and can typically reapply at next "set-off" date — varies by state, often 1-5 years. ## Conditions of parole Standard conditions typically include: - Periodic reporting to parole officer - Maintaining employment / school - Drug / alcohol testing - No new arrests or convictions - No firearms - Travel restrictions - Residence requirements - No association with felons - Pay restitution / fees - Treatment / counseling - Curfew (often) - GPS monitoring (sometimes) Special conditions for sex offenders, violent offenders, and DUI offenders add layers. ## Parole revocation Parole can be revoked for: - Technical violations (failed drug test, missed reporting) - New arrests / convictions - Failure to comply with treatment - Absconding Revocation hearings are similar to probation revocation: - Lower burden of proof (preponderance) - Limited Confrontation Clause rights - No jury - Right to counsel (Gagnon v. Scarpelli) - Possible return to prison for remaining sentence balance ## Parole vs probation **Parole** — release from prison BEFORE completing sentence (back end) **Probation** — sentence served in community INSTEAD of prison (front end) Both involve community supervision but the legal framework differs. ## What you should do If you or a loved one is approaching parole eligibility in Montana: prepare carefully. Hire a parole / criminal-defense attorney experienced with the state's parole board. Provide a strong release plan (housing, employment, family). Document programming, certifications, treatment completion. Many Montana parole attorneys offer flat-fee representation for parole hearings. --- *This guide is general information about Montana law as of early 2026 and is not legal advice. Parole law varies dramatically by state and offense. Talk to a licensed Montana criminal-defense attorney about your specific situation.*