{"data":{"id":"us-mt/46-23-1015","jurisdiction":"us-mt","citation":"46-23-1015","heading":"Informal probation violation intervention hearing.","body":"(1) A probation and parole officer who reasonably believes that a probationer has violated a condition of probation shall consult the incentives and interventions grid adopted under 46-23-1028 to determine an appropriate response and may initiate an informal probation violation intervention hearing to gain the probationer's compliance with the conditions of probation without a formal revocation hearing under 46-18-203.\n(2) A hearings officer designated by the department shall conduct the intervention hearing.\n(3) If the hearings officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearings officer shall consult the incentives and interventions grid and determine an appropriate response, including whether to:\n(a) order the probationer to serve, or receive credit for serving, up to 30 days in detention;\n(b) recommend electronic monitoring or day reporting for up to a 90-day period;\n(c) recommend placement in a community corrections facility or program for up to a 90-day period, 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; or\n(d) direct the probation and parole officer to initiate a petition for revocation under 46-18-203, if the violation is not a compliance violation or if it is a compliance violation and appropriate responses under the incentives and interventions grid have been exhausted.\n(4) If the hearings officer recommends a response under subsection (3)(b), the hearings officer shall notify the probationer of the recommendation and of the probationer's right to instead have the matter referred by petition for a revocation hearing under 46-18-203.\n(5) The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this section.\n(6) All sanction and placement decisions must be documented in the offender's file.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY","Part 10. Supervision of Probationers and Parolees"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0230/part_0100/section_0150/0460-0230-0100-0150.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:57Z","sha256":"0a8172f490ad044c8f9a11c7f115b71282cb6b9ff45302295d660c99b0153baa","source_id":"us-mt","stale":false,"prev":"us-mt/46-23-1014","next":"us-mt/46-23-1016"},"notice":"GroundRules: Original legal text. Not legal advice."}