Montana Code 46-23-1002. Powers of department
46-23-1002. Powers of department. The department may:
Terms Used In Montana Code 46-23-1002
- Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
- Parole: means the release to the community of a prisoner by the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department. See Montana Code 46-23-1001
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court. See Montana Code 46-23-1001
(1)appoint probation and parole officers and other employees necessary to administer this part;
(2)authorize probation and parole officers to carry firearms, including concealed firearms, when necessary. The department shall adopt rules establishing firearms training requirements and procedures for authorizing the carrying of firearms.
(3)adopt rules for the conduct of persons placed on parole or probation, except that the department may not make any rule conflicting with conditions of parole imposed by the board or conditions of probation imposed by a court; and
(4)adopt rules to administer the rental voucher program the department may implement pursuant to 46-23-1041.