46-23-1025. Report to and action by board. (1) If the hearings officer determines that there is probable cause to believe that the prisoner has violated a condition of parole and directs the probation and parole officer to initiate a petition for revocation, the probation and parole officer shall immediately notify the board and shall submit in writing a report showing in what manner the prisoner has violated the conditions of release and describe the exhaustion of appropriate violation responses according to the department's incentives and interventions grid. This report must be accompanied by the findings of the hearings officer and placed in the offender's file.

(2) Upon receipt of a report, the board shall cause the prisoner to be promptly brought before a hearing panel for a hearing on the violation charged under rules that the board may adopt. The hearing may be conducted via interactive videoconference. If the violation is established and the hearing panel finds that the violation is a compliance violation and that appropriate violation responses under the department's incentives and interventions grid have not been exhausted, the panel shall notify the department and refer the matter back to the hearings officer. If the violation is established and the hearing panel finds that the violation is a compliance violation and that appropriate violation responses under the department's incentives and interventions grid have been exhausted, the hearing panel may:

(a) continue the parole without a change in conditions; or

(b) continue the parole with modified or additional terms and conditions, which may include placement in:

(i) a secure facility designated by the department for up to 9 months; or

(ii) a community corrections facility or program designated by the department for up to 9 months, including but not limited to placement in a prerelease center, sanction or hold bed, transitional living program, enhanced supervision program, relapse intervention bed, chemical dependency treatment, or 24/7 sobriety program.

(3) If the hearing panel finds that the violation is not a compliance violation, the panel may:

(a) continue the parole without a change in conditions;

(b) continue the parole with modified or additional terms and conditions, which may include placement as provided in subsection (2)(b) for up to 9 months; or

(c) revoke the parole or enter an order as the hearing panel sees fit.

(4) If the prisoner has violated a condition of release requiring the payment of restitution, the supervising parole officer shall notify the victim of the offense prior to the hearing required by 46-23-1024 and give the victim an opportunity to provide written or oral comment.

(5) If the hearing panel finds that because of circumstances beyond the prisoner's control the prisoner is unable to make the required restitution payments, the hearing panel may not revoke the prisoner's parole for failure to pay restitution. The hearing panel may modify the time or method of making restitution and may extend the restitution schedule, but the schedule may not be extended beyond the period of state supervision over the prisoner.

(6) If the hearing panel determines that the prisoner has violated the provisions of release, the hearing panel shall determine the amount of time, if any, that will be counted as time served while the prisoner was in violation of the provisions of release.

(7) All decisions regarding sanctions, placements, or revocation must be documented in the offender's file.

History: En. Sec. 18, Ch. 153, L. 1955; Sec. 94-9838, R.C.M. 1947; amd. Sec. 1, Ch. 140, L. 1973; redes. 95-3220 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3220, R.C.M. 1947; amd. and redes. 95-3308 by Sec. 13, Ch. 333, L. 1975; amd. Sec. 63, Ch. 184, L. 1977; R.C.M. 1947, 95-3308(3); amd. Sec. 28, Ch. 125, L. 1995; amd. Sec. 10, Ch. 559, L. 2003; amd. Sec. 14, Ch. 102, L. 2011; amd. Sec. 16, Ch. 392, L. 2017.