Current through Register Vol. 6, March 22, 2024
(1) The department
may establish and administer a day reporting program in any geographic region
deemed appropriate by the department. The department may also contract with a
Montana corporation to operate a day reporting program in a Montana community
deemed appropriate by the department.
(2) The purposes of the day reporting program
are to:
(a) provide an alternative sentencing
option as a condition of a deferred or suspended sentence;
(b) provide a structured program for closer
supervision of offenders on probation, parole, or conditional
release;
(c) provide a sanction for
offenders who violate the rules of probation, parole, or conditional release;
and
(d) provide a program that can
be used to transition offenders from secure facilities into the
community.
(3) Pursuant
to 46-18-201, MCA, a court may make
participation in the day reporting program a condition of a deferred or
suspended sentence. Additionally, the department may, in its sole discretion,
place an offender in the program if the department determines that the offender
requires that level of supervision.
(4) While in a day reporting program the
offender must abide by all the standard probation and parole conditions, any
special conditions imposed by the court or the board, and at a minimum, the
following program rules:
(a) The offender
must, at the direction of the day reporting officer, maintain a telephone
land-line or other means of electronic monitoring.
(b) The offender must maintain and abide by a
written weekly schedule that includes the specific times the offender will be
at work, counseling or treatment, or other significant events.
(c) The offender must complete a life skills
program as directed by the day reporting officer.
(d) The offender must abide by the curfew set
by the day reporting program officer.
(e) The day reporting program shall have zero
tolerance for alcohol and drug use. To assure compliance with the zero
tolerance rule, the offender shall be subject to regular and random urinalysis
and breath tests.
(f) While in the
program, the offender must check-in daily by phone or other means as directed
by the day reporting officer and must abide by the following face-to-face
meeting schedule with the day reporting officer or designee:
(i) in Phase I, the offender is required to
meet daily;
(ii) for the first 30
days of Phase II, the offender is required to meet twice a week; and
(iii) for the final 30 days of Phase II, the
offender is required to meet once a week.
(5) An offender who violates program rules is
subject to the following:
(a)
arrest;
(b) revocation of
probation, parole, or conditional release;
(c) imposition of statutory and department
disciplinary sanctions;
(d)
imposition of new program rules;
(e) lowering of the offender's program phase;
and
(f) a requirement of more time
in the program.
53-1-203, MCA; IMP,
46-18-201,
46-18-225,
46-23-1015,
53-1-203,
MCA;