Montana Code 46-24-212. Information concerning confinement
46-24-212. Information concerning confinement. On request of a victim of a felony offense, the department of corrections or the board of pardons and parole, as applicable, shall:
Terms Used In Montana Code 46-24-212
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
(1)promptly inform the victim of the following information concerning a prisoner committing the offense:
(a)the custody level;
(b)the projected discharge or parole eligibility date;
(c)the actual date of the prisoner’s discharge from confinement or parole, if reasonably ascertainable;
(d)the time and place of a parole hearing concerning the prisoner, the victim’s right to submit a statement to the board of pardons and parole or the hearing panel conducting a parole hearing under 46-23-202, and the victim’s right under 46-23-215, 46-23-509, or 46-23-1011 to request a condition of parole or probation to require the prisoner to refrain from direct or indirect contact with the victim; and
(e)the community in which the prisoner will reside after parole;
(2)provide reasonable advance notice to the victim before release of the defendant on furlough or to a work-release program, halfway house, or other community-based program or correctional facility; and
(3)promptly inform the victim of the occurrence of any of the following events concerning the prisoner:
(a)an escape from a correctional or mental health facility or community program;
(b)a recapture;
(c)a decision of the board of pardons and parole;
(d)a decision of the governor to commute the sentence or to grant executive clemency;
(e)a release from confinement and any conditions attached to the release; and
(f)the prisoner’s death.