Victim´s Guide to the Department of Corrections

Victim´s Guide to the Department of Corrections WELCOME! The following DRAFT document represents more than a year’s work by the Department of Corrections Crime Victims Advisory Council. We welcome you to review it and let us know what additional information would be helpful to you. In time, we will compile this information into a handbook for victims. For now, the DRAFT will remain on our website for your use. We welcome you to download it onto your computer and to print any sections you wish. Special thanks to Dan Burden, Superintendent of Treasure State Correctional Training Center in Deer Lodge, for collecting all the data contained here. We also thank our facilities and programs for their contributions. Sally Hilander Victim Information Specialist Director’s Office (888) 223-6332 or (406) 444-7461 Informed and Involved: A Victim’s Guide to the Department of Corrections Introduction Victim Services at DOC , Tracking the Offender in Prison VINE and other notification: How to register , Crime Victims Advisory Council , Victim Impact Panel , Victim Offender Dialogue , Offender Apology Letters , Restitution DOC Facilities and Programs , Montana Women’s Prison , Montana State Prison , Regional Prisons Cascade County Adult Detention Correctional Facility Crossroads Correctional Center Dawson County Adult Detention/Corrections Facility , Missoula Assessment and Sanction Center , Montana Correctional Enterprises , Pre-Release Centers , Treasure State Correctional Training Center (Boot Camp) , WATCh Felony DUI Treatment Program , Youth Services Division 1 Probation and Parole , Board of Pardons and Parole , Probation & Parole Bureau Alternatives to Incarceration Staffing Restitution Additional Information and Resources , Phone numbers , Acronyms , Glossary of Terms Introduction If you are reading this, chances are you have been the victim of, or witness to, a crime. You may find yourself feeling victimized all over again during your involvement with the criminal justice system. The Montana Department of Corrections seeks to ease those feelings by encouraging you to learn more about the departmental operations and to become informed about incarceration, parole, probation and release. This handbook is designed to assist you though this process. Knowledge is power. Stay informed! To assist in helping crime victims and witnesses, the Montana Department of Corrections has established a network of Victim Information Officers at every institution and regional probation and parole office. In addition, the Director’s Office staff includes a Victim Information Specialist who can answer your questions or refer you to another victim service provider. If you have questions as you read this handbook, please refer to the Additional Information section. You may also find answers to questions on our website at www.cor.mt.gov. Our mailing address is: Montana Department of Corrections P.O. Box 201301 Helena, Montana 59620-1301 Victim Services at DOC 2 Tracking the Offender in Prison Crime victims tell us the most important information we can provide is the current location of the offenders who harmed them, and information about their release. This knowledge is essential to their sense of safety and security. Registering victims to receive updated custody status information is the cornerstone of our victim outreach program. Registration takes only a few minutes and is confidential. The offender will not know that you requested information or that you registered. The easy two-part notification system works like this: Part I: Victim Information and Notification Everyday (VINE) is an automated telephone notification system that provides updated custody information on offenders 24 hours per day, seven days a week. Registered victims receive confidential, automatic telephone or email alerts from VINE when their offender is moved to a different facility, goes to court, becomes eligible for parole, escapes, or dies. To register for VINE: Call the VINE number and follow the voice instructions; Log onto VINELink on the Internet at www.vinelink.com, click on Montana, and follow the instructions; or Call the Department of Corrections’ Victim Information Specialist at (888) 223-6332 and ask for assistance. Anyone can call VINE at (800) 456-3076 to check on the current status of an offender, but only those who register will receive automated custody updates Important: VINE does not monitor offenders on probation or parole, or housed in county jails, prerelease centers or juvenile facilities. Part II: Fill out and mail registration forms to the either Montana State Prison (all male offenders) or Montana Women’s Prison, and to the Board of Pardons and Parole. You will then receive notice of an offender’s upcoming parole hearing, escape, release or death. Copy the forms on page ___ of this handbook, print them from the DOC website at www.cor.mt.gov or call the victim’s hotline at (888) 223-6332. County victim/witness advocates also have registration forms and VINE brochures. Crime Victims Advisory Council The Council is a volunteer organization that helps the Department of Corrections be responsive to the concerns of victims and their families in policies, procedures and proposed legislation. The Department seeks to empower victims by offering this opportunity for involvement. 3 The Council meets quarterly, most often at Central Office in Helena, but occasionally the members tour a DOC facility elsewhere in Montana. Meetings are open to the public and new members are always welcome. Members sometimes vote to support or oppose pending state legislation, or to propose that DOC introduce legislation that affects victims. In 2003, for example, the Council supported a bill that makes it easier to collect victim restitution from offenders. Voting members must be crime victims or have a close association with victim issues. The DOC Director appoints new voting members following nomination by a current member. Prospective voting members are asked to demonstrate a commitment to attend meetings and participate in committee work. The Department of Corrections reimburses voting members for mileage and meals associated with attendance. Non-voting members include staff of various Department of Corrections facilities, programs and divisions, staff of the Attorney General’s Office of Victim Services and Restorative Justice, crime victims, county victim/witness advocates, members of victim services groups, and other interested people. The DOC staff liaison appoints non-voting members. For more information about the Crime Victims Advisory Council, call Sally K. Hilander, DOC Victim Information Specialist and Council staff liaison, at (406) 444-7461, or email shilander@mt.gov. Victim Impact Panel at Boot Camp The Victim Impact Panel (VIP) program started six years ago at the Treasure State Correctional Training Center (boot camp) in Deer Lodge. The VIP forces offenders to face the harm their criminal behavior has caused others. Survivors of felonies have volunteered to reveal how crime has affected them, their families and their communities. They confront the offenders one-on-one, helping them take responsibility. Anita Richards, a homicide survivor and co-chair of the DOC Crime Victims Advisory Council, started the program along with TSCTC Superintendent Dan Burden. The Victim Impact Panel occurs every six weeks. The Department of Corrections is always looking for volunteers to participate on the Victim Impact Panel (VIP). Crime victims/survivors who are ready to share their stories with other victims and offenders, or who would like more information, may contact Tony Heaton, Program Manager, TSCTC, 1100 Conley Lake Road, Deer Lodge, MT 59722; (406) 846-1320 Ext. 2100. 4 For more information about other victim services and volunteer opportunities for survivors, contact Sally Hilander, Victim Information Specialist, at the Department of Corrections, P.O. Box 201301, Helena, MT 59620-1320; (406) 444-7461; email: shilander@mt.gov. Victim-Offender Dialogue Victim-Offender Dialogue offers the victims of crime the opportunity to speak with their offender concerning their victimization and any issues relating the crime. The focus is on the harm done to the victim and the offender’s responsibility for that harm. It provides the victim an opportunity to express feelings and the offender an opportunity to better understand the impact of his/her behavior and to be accountable for what they have done. A trained facilitator recognized by the Montana Department of Corrections conducts victim-Offender dialogues. The victim must initiate this process; the offender cannot initiate the process. To participate, the offender must be accountable for the crime as described in the final judgment and pre-sentence investigation. All participants must be 18 years of age. Juvenile offenders and cases of domestic violence or stalking are not eligible for this program. Parents or legal guardians of victims under 18 may represent the minor’s interest in a Victim-Offender Dialogue. The safety of all participants is of primary concern. The preparation for this process is lengthy to ensure that all parties involved are adequately prepared. The process may take weeks or years before an actual meeting takes place. The process offers no guarantees of any outcome and liability waivers are signed. The process is designed so the offender receives no benefit by participating other than internal progress of improved accountability and responsibility. The offender cannot use this process in an attempt to obtain an early release from prison or a program. Support persons are encouraged to assist the victim in this process. The victim, offender or facilitator may end the process at any time. Contact the Montana Department of Corrections Victim Information Specialist for more information if you are interested in this process. (406) 444-7461; toll-free 1-888-223-6332; fax (406) 444-4920. Offender Apology Letters The Crime Victims Advisory Council is currently considering a new program that would establish a letter bank at the Victim Information Specialist’s Office. Offenders who want to apologize to their victim could submit letters, which would be screened for appropriateness and filed. If a victim wanted to receive such a letter, he or she could contact the Department of Corrections to find out if the offender submitted one. If you have ideas for this program, please contact the Victim Information Specialist above. Restitution 5 The Department of Corrections collects and disburses court-ordered restitution for victims. The Restitution Unit has collected more than $6 million since Montana Legislature centralized collection from all 56 counties in 2003. DOC collects restitution from offenders' prison accounts, earnings after their release, and property. The restitution obligation remains with the offender until it is fully paid or, upon their death, the balance attaches to their estate. For more information, call the Restitution Unit toll-free at (800) 801-3478. DOC FACILITIES AND PROGRAMS Montana Women’s Prison Warden Jo Acton thSouth 27 Street Billings, MT (406) 247-5100 Montana Women’s Prison continues to fulfill its obligation to the citizens of Montana by providing female felony offenders an environment within a secured setting that stresses accountability, productivity, and personal growth. MWP has a Parenting Unit, which allows the children of incarcerated mothers to visit in a more home-like setting. The Parenting Unit is utilized for classes in parenting skills and other programs related to inmates and their children. Nearly 90 percent of the inmates at MWP participate in a parenting program staffed by a trained specialist in child development. They learn prenatal care, infant care, child development, adolescent behavior and development and more. The Intensive Challenge Program is an alternative form of incarceration focused on the rehabilitation of female offenders sentenced to the Department of Corrections. The Intensive Challenge Program, started at MWP in 2001, has been modified from a “boot camp” structure to a modified therapeutic community treatment model. The offenders participate in structured and intensive psycho educational programs, work assignments and physical fitness. Women who complete this 120-day program are eligible for conditional release to probation, community placement or sentence reduction. The women’s prison in 2004 started Prison Paws for Humanity a dog program that brings in dogs from the local animal shelter; offenders groom and train the dogs in basic/advanced obedience and service commands preparing the dogs to reenter society as well behaved pets or to continue training to become service dogs. The staff, comprised of contracted and state employees, provides the following: Security Unit: provides direct supervision of inmates and security for the facility. Medical Services: provides and coordinates comprehensive health care for the inmates. Clinical Services: provides mental health services, treatment groups, and family support services. 6 Education Services: provides adult basic education classes, GED preparation and testing, and computer skills classes. More than 90 per cent of the inmates are involved in educational or vocational programs, which are partially funded by grants. Chemical Dependency Programs: provides treatment programs to address substance abuse and substance dependence. Montana State Prison Warden Mike Mahoney 500 Conley Lake Road Deer Lodge, MT 59722 Mission: Montana State Prison (MSP) is dedicated to the protection of the public, employees and offenders and to communicate with victims of crime while providing for opportunity for offenders to make positive changes. Montana State Prison is located at Deer Lodge with uniformed and non-uniformed staff totaling 600, supervising and managing about 1,400 adult male offenders on site and more than 900 offenders in four contracted faculties. The main prison for male inmates has a compound style of design and encompasses six levels of custody and security: minimum I, minimum II and medium II on the “Low Side,” and the “High-Side” houses medium restricted, close custody along with offenders housed in Close Unit III which includes special management inmates, mental health, pre-hearing confinement/detention, administrative segregation and single cell close custody inmates. The sixth level, maximum custody, is located in a separate compound. In addition, Montana State Prison also oversees 900 male offenders within the Contract Placement Bureau with the use of three regional prisons and a private prison. These facilities are the Dawson County Correctional Facility(DCCF) in Glendive, Montana; the Great Falls Regional Prison (GFRP) in Great Falls; The Missoula Assessment and Sanction Center (MASC) in Missoula, Montana and the Crossroads Correctional Center (CCC) in Shelby, Montana. Crossroads is accredited by the American Correctional Association and NCCHC. Contract monitors at each facility report to the Contract Placement Bureau Chief who reports to the Warden. Compliance is key to public safety and cost control and this partnership gives the state innovative option in managing the inmate population and placement of these offenders. Montana State Prison provides some form of work for about 70 percent of the inmate population as well as education, treatment programming, recreation, religious and health services to promote self-improvement. Construction completed in 2002 further enhanced the security at the main prison. Changes include relocation of the Command Post and renovation to the Board of Pardons and Parole hearing room to better meet the safety and privacy needs of victims who wish to testify. Montana State Prison administers four regional prisons. (1) Cascade County Regional Prison 7 Chief Capt. Dan O’Fallon, Administrator 3800 Ulm No. Frontage Road Great Falls, MT 59404(406)454-6820 Maximum Capacity: 360 State Contract Capacity 75-156 Federal Contract Capacity: 35-70 Custody Level Housed: Minimum, Medium, Close and Max Custody Medical Capabilities: On Site Basic Medical. Services include Daily Prevention services. Emergency care, and Pharmacy and Medication distribution. Skilled Nursing care available 24 hours a day. Off Site Dental and Optical services Educational Programs: Parenting Computer Education Inmate Legal Services: Paralegal Assisted Services Programming: Spiritual (Religious services) Anger Management Hobby & Recreation Cognitive Principles & Restructuring Mental Health Addictions: Chemical Dependency AA Program (2) Crossroads Correctional Center Warden James MacDonald 75 Heath Road Shelby, MT 59474 (406) 434-7055 Maximum Capacity: 552 Contract Capacity: 500 Contracted with Montana Department of Corrections and United State Marshals Custody Level Housed: Minimum, Medium, Close Custody Medical Capabilities: Basic Medical, Dental, Optometry. Services to include pharmacy, laboratory, emergency care and preventive medicine services. Skilled nursing cares available 24 hours a day. Education Programs: Adult Basic Education General Education Degree Preparedness Parenting 8 Communication Skills Computer Education Introduction to Business Mathematics Life Skills/Pre-Release/Anger Management Art College Correspondence Developmental Psychology Carpentry Programs: Spiritual (religious services) Anger Management/Dispute Resolution Hobby & Recreation Cognitive Principles & Restructuring Addictions: State Chemical Dependency Program (3) Dawson County Correctional Facility Warden Steve Ray, Jr. 440 Colorado Boulevard Glendive, MT 59330 (406) 377-7600 The Dawson County Correctional Facility (DCCF) is operated under the direct supervision and control of the Dawson County Sheriff. Opened in 1998, the facility includes the offices of the Dawson County Sheriff and the Glendive Police Department, as well as the Dawson County Jail and a 144-bed corrections facility contracted to the Montana Department of Corrections. Policies and Procedures DCCF operates the jail in compliance with Montana Jail Standards, as established by the Montana Sheriffs and Peace Officers Association. Prison operations are conducted in compliance with Montana Department of Corrections policy. Programs / Services Prison inmates in the custody of DCCF are offered a variety of programs and services, including treatment programs, hobby and recreation activities, an inmate library, a job program, Adult Basic Education/GED programming, religious and cultural programming, and daily housing unit activities. The Montana Board of Pardons and Parole and the Montana Department of Corrections Pre-Release Screening Committee conducts regular hearings at DCCF. Regular visitation hours are available by contacting DCCF. 9 (4) Missoula Assessment and Sanctions Center Capt. Susan Hintz, Administrator; 2340 Mullan Road Missoula, MT 59808 (406) 258-4021 Montana Correctional Enterprises Gayle Lambert, Administrator (406) 846-1320 Extension 2373 Montana Correctional Enterprises is located at Montana State Prison and provides work and training opportunities for eligible inmates, consistent with the mission of the Department of Corrections to hold inmates accountable through work, skill development and restitution, while maintaining public safety and trust. MCE has an annual budget of $9.6 million, of which only 15% or $1.6 million is supported by the state general fund. The remainder of the budget is raised through self-supporting proprietary programs. MCE spends over $4.6 million in wages and supplies in Montana on an annual basis. In addition, the interest earned on the MCE proprietary fund bank accounts reverts to the general fund. Inmates who have participated in work or school programs within the MCE program have an improved chance for success in society upon release. The success is attributed to the development of work ethics and specific skills. Inmates who have participated in MCE programs have a higher sense of self worth through the accomplishment of established goals. The Ranch, Dairy and Industries programs are self-supporting enterprise operations. Vocational Education is a mixture of internal service and general funds, and the License Plate Factory is funded solely by the State general fund. Montana Correctional Enterprises consists of the following programs: The Ranch provides inmate work and training opportunities in all phases of a beef cattle and crops operation, feedlot management, weed control, fencing and land management. Comprehensive management plans for rangelands, weed control, water, dam usage, and crop production has been developed. These plans, along with oversight from the MCE Ranch Advisory Council, serve as a guide for all activities, and are an integral part of the success of the Ranch operation. The Dairy continues as one of the top producing dairies in the State of Montana and provides work and training opportunities in dairy processing and the milking parlor, where approximately 350 cows are milked three times per day seven days per week. The finished milk products the Dairy produces include whole and low fat milk, ice cream, cottage cheese and yogurt. Currently, the Dairy expansion project is underway for the construction of a new dairy addition, modification to the existing dairy parlor and will include all necessary mechanical, plumbing and electrical work. Anticipated completion date of this project is for the fall of 2005. 10 Industries offers work and training opportunities in the production of wood and upholstered furniture, manufacturing of wooden, metal and plastic signs, custom print work, institutional laundry processing, and boot manufacturing and repair. MCE displays a beautiful conference table and chairs in the Department of Corrections Director’s Conference Room in Helena. MCE is currently preparing to set up a sewing/embroidery program at the Montana Women’s Prison in Billings. The License Plate Factory provides inmates work and training opportunities in digital graphic design, license plate production, packaging, shipping and inventory controls. The program produces approximately 750,000 license plates per year. This includes regular issue, specialty, veterans, college and other types of plates. There are over fifty different specialty plates produced. To date, over $1.5 million has been raised by organizations that have sponsored a specialty license plate. The License Plate Factory also recently completed the transition of producing all license plates using the digital license plate st century in technology. The program is now method, bringing the operation into the 21 gearing up for the 2006 license plate reissue, which is anticipated to bring the State an estimated $8.4 million in net revenue over the next biennium. The Vocational Education program provides inmate work and training opportunities in motor vehicle maintenance, production of Toyota cutaway training aids, food processing and lumber recovery. In addition, MCE offers inmate vocational education classroom studies and on-the-job training in heavy and agriculture equipment repair, Commercial and Class D drivers licenses, welding and machining, business skills and communications, technology preparation, and computer applications. The Accounting program is a support function for all other MCE programs and offers work and on-the-job training for inmates while providing services in state budget preparation and monitoring, financial statement preparation, customer invoicing, accounts receivable collection, program purchasing, policy and contract development, MCE ranchland public access, inmate payroll, and program coordination and support. This program also provides accounting and budgeting oversight for the Montana State Prison Food Factory and Montana Women’s Prison’s “Prison Paws for Humanity” program. In addition, MCE administers the MSP/MCE inmate fire crew, which works in conjunction with the Montana Department of Natural Resources and Conservation to fight wildfires across Montana. PRERELEASE CENTERS Q: WHAT ARE PRERELEASE CENTERS? 11 A: Prerelease Centers are community based correctional facilities operated by non-profit Montana corporations under contract with the Department of Corrections. The facilities provide supervision, counseling, assistance in locating employment, life skills training and guidance. They function as a component of the correctional system. Centers provide services for adult male and female offenders who: , Are released from Montana State Prison and Montana Women’s Prison, , Have been committed into the custody of the Department of Corrections, , Are parole violators requiring less restriction than a traditional prison setting? The programs offer an alternative to the direct release of the offender from prison or jail to the community and give the person an opportunity to adjust to the community in a gradual, controlled manner. Transitional steps are provided to prepare the offender for release into free society. Q: WHERE ARE THE PRERELEASE CENTER PROGRAMS LOCATED? A: Billings, Bozeman, Butte, Great Falls, Helena and Missoula. Q: HOW ARE OFFENDERS SCREENED FOR PRERELEASE CENTER PROGRAMS TO PROVIDE FOR PUBLIC SAFETY? A: Offenders incarcerated at the Montana State Prison, Montana Women’s Prison, Regional Prisons and a private prison are screened by a State Screening Committee which includes a representative from the prison, a representative from the Board of Pardons and Parole, and the Community Corrections Division. Prerelease Center personnel also attend the screenings. The process includes personal interviews with eligible offenders by the screening committee, a careful review of the offender’s criminal history and his/her conduct at the institution. The intent of the screening process is to assess if the offender’s placement in the community will jeopardize public safety, determine the appropriateness of the offender for a community setting and to assist in the determination of the offender’s chances of success in a Prerelease Center Program. When an offender is approved by the State Screening Committee, for referral to a Prerelease Center, a referral packet is prepared, forwarded to the prerelease center, and a thorough paper review is conducted by a local screening committee. Local screening committees are community-based teams and their membership typically includes a representative from the Prerelease Center, a member of the Prerelease Center’s Board of Directors, a Probation and Parole Officer, representatives from local law enforcement and a local citizen. Offenders committed into the custody of the Department of Corrections may be referred to a Prerelease Center Program in lieu of being incarcerated in prison. These offenders are screened 12 appropriate for a Prerelease Center placement, the Probation & Parole Bureau prepares a referral packet, forwards the packet to the Prerelease Center and again, a thorough paper review is conducted by the local screening committee for approval or disapproval. Offenders violating their parole may also be recommended for Prerelease rather than being returned to prison. The Board of Pardons and Parole makes this determination with input committee. Q: WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR OFFENDERS REFERRED TO A PRERELEASE CENTER PROGRAM FROM THE MONTANA STATE PRISON AND MONTANA WOMEN’S PRISON? , Offenders shall be within thirteen (13) months of parole eligibility or discharge. , Offenders making application for placement at a Prerelease Center shall not have medical or psychological problems, which require hospitalization or extensive and costly community-based care. If an offender placed in a Prerelease Center has medical/psychological problems requiring treatment over and above what the offender can afford to pay, the offender may be returned to the state correctional facility for treatment. , Offenders shall be physically and mentally capable of work, educational or vocational training. If unable to work, offenders must be able to financially subsidize their stay at the Prerelease Center. Offenders with disabilities shall not be discriminated against, however, they must be able to financially subsidize their stay at the Center to the same extent that any other offender would be required to do. , Offenders in need of treatment must consent to outpatient treatment in the community. Offenders will be required to pay for all treatment costs, if they are financially able. , Offenders with detainers shall secure verification that the detainers are resolved to the satisfaction of the state correctional facility and the Community Corrections Division prior to referral to a Prerelease Center. , Offenders shall be free of felony escape convictions for a minimum of three years before being considered for referral and/or placement at a Prerelease Center. , Factors such as escape history, detention, increase in custody or previous conduct at a Prerelease Center may be considered in determining the appropriateness of any offender placement at a Prerelease Center. 13 Q: WHAT SECURITY MEASURES ARE UTILIZED AT A PRERELEASE CENTER TO PROVIDE FOR OFFENDER, PERSONNEL AND PUBLIC SAFETY? A: A very high percentage of offenders entering a Prerelease Center Program have been involved in drug related crimes and have a history of chemical dependency. As a result of the high percentage of chemical abuse, the Prerelease Centers have on-site drug and alcohol screenings. Offenders are required to provide urine and breath samples upon request. Generally, an offender’s urine or breath sample, if determined positive for alcohol or a controlled substance, is cause for returning that individual to the prison. Offenders are also subject to room, vehicle and personal searches. These searches are a means to control offender property and guard against theft, both in the facility as well as in the community. Offenders are required to develop weekly plans for all money spent in the community. This budget planning is designed to provide a safeguard against misuse of allocated funds. Twenty-four hour agendas are also planned by the offender, with assistance from his/her counselor, and monitored by Prerelease Center personnel via random on-spot and telephone checks. Q: WHAT ARE THE COST BENEFITS TO THE STATE? A: With the state prison population continuing to expand, it is necessary to promote cost effective measures to reduce overcrowding, lower recidivism rates, and provide public safety. While no single factor within the corrections system can provide a complete solution to each of the challenges, the Prerelease Center Programs respond to these issues and is an important element of effective corrections management. A room and board charge is assessed Prerelease offenders, so they can help share the burden of the cost of their incarceration. Q: WHAT DO OFFENDERS CONTRIBUTE TO SOCIETY WHEN THEY PARTICIPATE IN PRERELEASE CENTER PROGRAMS? A: Offenders participating in a Prerelease Center Program are able to gain employment to help support their family. They also help pay for medical expenses, make restitution payments, pay taxes and save money for release. All these aspects of Prerelease contribute to easing the offender into accepting responsibility. Q: WHAT ARE THE BASIC CRIMES OF OFFENDERS PARTICIPATING IN PRERELEASE CENTER PROGRAMS? A: Property crimes appear most often with both male and female offenders incarcerated in a prison setting. The most common property crimes include burglary, theft, bad checks and forgery. Recent Prerelease Center statistics reflect the following basic types of crime, listed from most to least common: theft, burglary, criminal sale of dangerous drugs, forgery, criminal possession of 14 dangerous drugs, assault, domestic abuse, bad checks, criminal endangerment, robbery, criminal mischief, deliberate homicide/negligent homicide, bail jumping, escape/sexual intercourse w/o consent, and sexual assault Q: HOW DOES THE DEPARTMENT OF CORRECTIONS KNOW THE PRERELEASE CENTERS ARE PROVIDING THE SERVICES STIPULATED IN THEIR PURCHASE OF SERVICE CONTRACTS? A: A formal program and facility audit is conducted annually at each Center. The audits identify existing or potential problems, analyze and evaluate each Center’s program to determine efficiency and contribution to the overall mission of the facility and Department, as well as the service needs of the offenders. The audits include: 1) An inspection of the facility 2) Case management review 3) Review of the security program 4) Personnel manual and personnel policy review 5) Financial management review including offender financial records 6) Safety/medical/food services/sanitation inspection 7) Purchase of service contract review and 8) Interviews with personnel and offenders 15 Documentation must be available to clearly demonstrate that the Center is meeting all of the requirements of the audit standard at all times. A written audit report is provided to Prerelease Center Administrators indicating audit findings, specifically noting any existing deficiencies and deviations from prior audits. A time-line for rectifying deficiencies is stipulated in the audit report. Q: HOW HAS THE INCREASED DEMAND TO PROVIDE CHEMICAL DEPENDENCY SERVICES FOR OFFENDERS AFFECTED PRERELEASE PROGRAMS A: To respond to this demand, in March 1998, the Department contracted with the Butte Prerelease Center to provide a comprehensive pilot chemical dependency program, separate from their Prerelease Center program, for adult male and female offenders. This program, having a capacity for 30 offenders, and up to 60 days in length, provides chemical dependency services for: , Offenders committed to the Department of Corrections in which it is determined that the offender is in need of chemical dependency programming. , Parolees violating a condition(s) of their parole to a level that could cause them to return to the custody of the Department of Corrections; , Offenders at MSP or MWP that are mandated by the Board of Pardons and Parole or court ordered to complete chemical dependency programming prior to release; and , Offenders participating in prerelease center programs violating as a result of alcohol/drug use. Q: DOES PRERELEASE PROVIDE ANY OTHER SERVICES TO THE DOC? A: Yes, the Great Falls Prerelease Center provides 15 aftercare beds for offenders graduating from the “Boot Camp” Program (Treasure State Correctional Training Center). The aftercare program assists TSCTC graduates in making the transition from the TSCTC Program to the Community. The offenders generally stay in the aftercare program from one to ninety days while awaiting sentence reduction paperwork to be processed and/or release planning to be accomplished. While in the program, the offender is required to maintain the order and routine of the boot camp, participate in treatment programming and is provided employment opportunities within the community. The Department also has a Transitional Living Program (TLP) for adult offenders. This is a nonresidential program wherein the offender resides in the community at an approved residence and reports to the Prerelease Center daily at a time established by the offender’s counselor. Offenders participating in the program complete a 24 hour itinerary and are monitored daily by Prerelease Center personnel. The Transitional Living Program allows offenders the opportunity 16 to safely integrate back into the community, assume increased personal responsibility and ensure, to the greatest extent possible, the safety and welfare of the community. Treasure State Correctional Training Center (Boot Camp) Dan Burden, Superintendent The Correctional Training Center (CTC) is a facility for adult male offenders (called trainees while in the program). The program is based on a military format, and stresses preventing future criminal behaviors, physical training and drill. The 90 to 120 day program combines treatment and rehabilitation programming in an intensive, structure and disciplined correctional environment. CTC is a voluntary program. Q: What are the eligibility requirements? A: The CTC Institution Probation and Parole Officer (IPPO), who verify that they meet the basic requirements for entrance into the program, initially screen individuals who volunteer for the program. Those who qualify for the program are then presented to the CTC screening committee. The screening committee is made up of DOC personnel, local citizens and law enforcement personnel. Individuals screened for the program are referred from a broad range of correctional entities, those being: Montana State Prison, Missoula Assessment and Sanction Center (MASC), all Regional Prisons, Department of Corrections (DOC) placements, and referrals from district court of individuals on probationary status. To be eligible for the program an individual must: Be convicted of a felony offense other than those punishable by a death sentence Be serving a sentence of one year or more, except in the case of an individual on probationary status Not have outstanding detainers or warrants Not have physical limitations (which would prevent strenuous activity) Not have mental impairments (which would unduly restrict participation) Pass a medical exam to ensure sufficient health for participation, and May not be admitted to the program more than twice. All individuals accepted into the CTC program must have a recommendation from their sentencing judge or the Bureau of Parole (BOP). Statute does not allow the courts to make direct commitments to the program. The court may recommend an offender for the program, but placement is contingent upon the individual meeting the eligibility requirements criteria and approval of the CTC screening committee. Q: How does the program operate? 17 A: The program involves accountability, strict discipline, regimentation, and physical fitness while incorporating an intensively structured treatment program. During the trainees' stay, they are required to participate in all segments of the program. For the program to be beneficial it is necessary to adhere to strict guidelines; if a trainee's needs fall outside of what is offered by the program, it may be necessary to transfer that trainee to another correctional facility where those needs can be addressed. The trainee must commit to making 100% effort 100% of the time, both physically and mentally, while in the program. If they are sick, they lose that day and must make it up. If they are in segregation awaiting a hearing or disciplinary sanctions, they lose those days and must make them up before they can graduate. The trainees do not receive good time nor do they get paid while they are in the CTC program. The program provides an opportunity for the trainees to change their criminal behavior and thinking to help prevent future victimization. Q: What is the focus, type of treatment and counseling are offered at CTC? A: Accountability: "I will take the credit or the blame for my actions". This is one of the foundations of the TSCTC program. Holding offenders accountable for the harm they have done to others is one of the fundamental goals of the program. Offenders are held to strict standards of discipline. Rules are enforced quickly with immediate consequences. TSCTC strives to make offenders learn to follow the rules. But learning discipline by itself does not prevent offenders from victimizing others again. Enforcing strict discipline adds stress. This stress is used to create receptiveness in the offender. With the improved receptiveness offenders attend programs including: Anger Management Cognitive Restructuring Parenting Thinking 4 Change Substance Abuse Counseling Victimology Victim Impact School Psychological services Religious Services Q: What happens to the trainee upon completion of the CTC program? A: Intake takes place every third Tuesday, and graduations occur almost weekly depending on when the trainees' individual 90 to 120 day program requirements are satisfied. The trainees don't necessarily stay with the squad in which they arrived. A trainee may be demoted to a lower squad, depending on attitude, progress, and discipline. Upon graduation, a high majority of trainees will be transferred to the Great Falls Aftercare Program, where they (now known as booters) stay up to ninety days while awaiting sentence reduction paperwork to be processed and/or release planning to be accomplished, or a select few may be released to the Intensive Supervision Program (ISP) or Parole and Probation. The Booter is required to participate in a 18 combination of release options such as Aftercare, Pre-Release, and then ISP. The release plan is coordinated through CTC's Institutional Probation and Parole Officer, the Probation and Parole Officer II at the Aftercare program, the sentencing court, and the Probation and Parole Officer in the receiving community. In most cases, the Certificate of Completion will be awarded to the Booter who has completed successfully both CTC and Aftercare/pre-release/ISP. WATCh Felony DUI Program Warm Springs and Glendive BACKGROUND Montana sentencing statute (61-8-731), MCA was revised in the 2001 Legislature allowing the Department of Corrections (DOC) to place fourth and subsequent DUI offenders in a treatment facility rather than prison. The sentence is for 13 months. However, if the offender successfully completes the program, the remainder of the sentence may be served on probation. If the offender does not participate in the program, or if it is determined the offender is inappropriate for treatment in the Modified Therapeutic Community, the offender will be placed at a state prison for 13 months. The treatment program gives the Department a critical tool for controlling population levels. If the offender fails to complete the program, the offender will be sent to a state prison for the remainder of their sentence. The Department chose to contract for the operation and management of the Modified Therapeutic Community via the Request for Proposal (RFP) process. Community, Counseling and Correctional Services, Inc. (CCCS) was the successful bidder. CCCS operates the treatment program in a state owned building located on the grounds of Montana State Hospital at Warm Springs, Montana. CCCS named the program Warm Springs Addictions and Change Program (WATCh). The contract between the DOC and CCCS requires that a “Screening Committee” determines acceptance into the WATCh program. The Screening Committee is composed of two representatives from the WATCh Program, two representatives from the Department of Corrections, one representative from Anaconda/Deer Lodge County Law Enforcement and one representative from the Montana State Hospital. Generally, all offenders convicted of a fourth or subsequent DUI are accepted. However, several exclusions may apply such as a history of violence, medical or mental health conditions impacting the offender’s ability to participate in the program. A second WATCh program in Glendive serves female offenders and some male offenders from eastern Montana. MISSION: The WATCh Program is a six-month, intensive, cognitive/behavioral based addictions treatment community designed to assist offenders in the development of the skills necessary to create pro-social change, reduce anti-social thinking, criminal behavior patterns, and the negative effects of chemical addictions while integrating more fully into society. PURPOSE: Effective treatment for fourth and subsequent DUI offenders can be part of the solution in reducing the incidence of DUI arrests. 19 1Research indicates that the most promising approach to substance abuse treatment is cognitive/behavioral-based programs utilizing the Modified Therapeutic Community Model. The program believes that treatment strategies for achieving increased self-regulation for chemical abuse and criminal conduct must be made to fit the offender’s level of awareness, cognitive development and determination to change disruptive patterns of thought and behavior. At the WATCh Program, staff uses the appropriate strategies at the particular stages of each offender’s process of change. Research indicates that self-improvement and change involves, first and foremost, developing the motivation to change. Once a therapeutic alliance is forged, self-regulating skills may then be learned through motivational counseling, therapeutic confrontation and reinforcement of life enhancing behavior. Effective treatment must integrate the principles of both therapeutic and correctional treatment models. PROGRAM OVERVIEW The WATCh Program provides services for up to 140 fourth and subsequent DUI offenders for a treatment stay of 6 months. When fully operational, the program will serve 280 offenders per year. The WATCh Program is unique in its intensity and duration in that programming is provided 8.5 hours per day. The therapeutic community model ensures that offenders are held accountable all waking hours. The WATCh Program utilizes the Modified Therapeutic Community Model that is cognitive/behavioral based. It has both the Wanberg and Milkman’s curriculum, “Criminal Conduct and Substance Abuse Treatment: Strategies for Self-improvement and Change” and Cognitive Principles and Restructuring as its foundation. There is also a strong emphasis on Criminal Thinking Errors, twelve-step programming, relapse prevention and skill building. The program is six months in duration followed by mandatory aftercare in the community. The WATCh Program is divided into three phases as follows: Phase I B Orientation to the Therapeutic Community Phase II B Modified Therapeutic Community Treatment Phase III B Relapse Prevention and Discharge Planning The therapeutic community model simulates a health family and uses community as a treatment method. Roles for each family member and rules are well defined and are to be followed by program participants. PROGRAM COMPONENTS (1) SCREENING AND ASSESSMENT 20 Within the first week of the offender’s placement, a comprehensive assessment is completed to determine the following: medical status, mental health status, level of risk and risk factors for recidivism, level of substance abuse, and other items necessary to the development of a comprehensive individualized treatment plan. The Life Skills Inventory B Revised (LSI-R), a statistically valid assessment tool that contains both static and dynamic factors relating to recidivism, is administered at intake and discharge. This tool will demonstrate indicators of pro-social change. (2) MODIFIED THERAPEUTIC COMMUNITY MODEL As compared to the traditional Therapeutic Community Model, this model is more staff intensive and structured. The Program has implemented a model that consists of the following: The four living areas are designated as separate families. Community meetings are held twice daily. Programming is conducted separately within each family unit. Each family unit has two chemical dependency counselors, one case manager and a counselor technician. 3) CHEMICAL DEPENDENCY PROGRAMMING Wanberg and Milkman’s curriculum, “Criminal Conduct and Substance Abuse Treatment: Strategies for Self-Improvement and Change” has been implemented. This curriculum is cognitive/behavioral based. As the curriculum provides for three distinct phases, it is ideally suited for the WATCh program. Phase I B Challenge to Change or the reflective-contemplative phase. Phase II B Challenge to Change is an action phase that involves the Family member in an active demonstration of implementing and practicing change. Phase III B Ownership of Change phase is a stabilization and maintenance phase. The concepts of relapse and recidivism prevention are reviewed. Twelve-step Programming focusing on completion of the 12 steps of Alcoholics Anonymous. Involvement in AA and NA meetings to encourage participation in these support groups after discharge. 4) COGNITIVE PRINCIPLES AND RESTRUCTURING The curriculum is cognitive based and divided into two phases: the initial phase (4 weeks) and the intermediate phase (16 weeks). The focus in on criminal thinking reports and identifying each offender’s criminal cycle, then developing an action plan to change the behavior. 5) CRIMINAL THINKING ERRORS 21 A structured program of lectures and specific group work exercises that explore the underlying reasons for negative and antisocial thinking and offer remedial methods to redirect thinking and actions to achieve a change to pro-social behavior. 6) FAMILY RELATIONSHIPS PROGRAMMING It is a cognitive-behavioral educational approach to teach positive parenting skills and attitudes to parents. The program provides 12 group sessions utilizing a workbook titled “Parenting and Family Values”. 7) ANGER MANAGEMENT A cognitive-behavioral curriculum based on the workbook “Coping with Anger”. It is delivered in 8 group sessions and intended for use with participants who are learning to manage feelings and behaviors accompanying anger. 8) LIFE SKILLS DEVELOPMENT This program is offered in the final phase of treatment and focuses on a variety of activities to develop the necessary skills to become successful in our communities. Activities that are included are job applications and resumes, role-play of job interviews, educational opportunities applications for benefits and aptitude testing. 9) VICTIM ISSUES/RESTORATIVE JUSTICE A cognitive behavioral approach to assist offenders in understanding the serious consequences of their actions, appreciate the pain and trauma they have caused their victims and build empathy for their victims. 10) SPECIALITY GROUPS These groups would include specific gender groups such as a women’s group focused on specific women’s issues or a grief group for those suffering a loss. (11) OTHER PROGRAM COMPONENTS UA Testing System of Incentives and Sanctions Recreational Programming Art Therapy (12) PROGRAM EVALUATION Evaluation efforts commence on day one of the offender’s placement. Initially, the evaluation efforts focus on the Structure and Process of the program itself. Phase progression and 22 completion of modules and assignments is tracked throughout the offender’s treatment experience. Outcome measures are tracked on an on-going basis following the offender’s discharge as follows: Arrest data, Technical Violations, Revocations, Convictions, Degree of Compliance with the Aftercare/Discharge Plan, Continuity of Care, Sobriety or use information, Lifestyle Changes, and AA attendance. Offenders successfully completing the program will be tracked for five years. Two methods of tracking will be used: Utilizing the Adult Corrections Information System (ACIS)/PRO-Files for convictions and technical violations on a monthly basis, and collection of the above measures from the local Probation and Parole Officer on a quarterly basis. 23 YOUTH SERVICES DIVISION Steve Gibson, Administrator th1539 11 Avenue Helena, MT 59620-1301 (406) 444-6551 Mission: The Youth Services Division is dedicated to public safety and trust by holding juvenile offenders accountable for their actions through custody, supervision, restitution, and life skills development with the provision of habilitation services from the time of commitment through community transition and discharge while affording youth the opportunities needed to live successful and productive lives. The Division integrates diverse professional activities to develop and implement short and long range plans to serve youth committed to the Department of Corrections and the communities to which the youth invariably return. Three bureaus within the division provide these services. The bureaus and their responsibilities follow: Pine Hills Youth Correctional Facility is a 120-bed secure facility in Miles City for juvenile males, ages 10 through 17. The facility is accredited by the American Correctional Association; offers: year-round classes at its fully accredited school, counseling using the cognitive restructuring approach, specific treatment programs for Chemical Dependency and Sex Offending, opportunity for participation in spiritually enhancing activities, registered nurses on staff and contracts for medical services. Riverside Youth Correctional Facility is a secure facility in Boulder for up to 20 juvenile females, ages 10 through 17. The treatment program is sensitive to young women’s needs and uses the cognitive restructuring approach. They offer: year-round classes at a fully accredited school, life skills groups, Young Women’s Lives groups, and opportunity for participation in spiritually enhancing activities. Nurses on staff and doctors either in Boulder or Helena provide health services as the need dictates. The educational department, while also teaching all basic courses, has incorporated the nationally recognized curriculum “Street Law” into the school’s weekly schedule. All youth attend a weekly two-hour class dedicated to this program. Community speakers such as the County Attorney and Town Administrator routinely come to present to this class on topics pertaining to Civics education. Riverside now employs one full-time chemical dependency counselor and offers chemical dependency counseling equivilant to a level I outpatient group. All offenders are screened for chemical dependency within a week of arriving at Riverside and all that are diagnosed as either substance abusers or substance dependent participate in 2 group sessions weekly as well as an individual session weekly. Offenders will most likely leave with a recommendation for further CD treatment in their respective communities for added support and added relapse prevention work. 24 The Youth Community Corrections Bureau includes Juvenile Parole, juvenile placement and related financial services, interstate compact for juveniles, youth transition centers, youth transportation, detention licensing and training. Although Juvenile Probation is under the administration of the Supreme Court, the Department of Corrections Youth Community Corrections Bureau oversees funds used by Juvenile Probation for youth placement and prevention activities. The Cost Containment review panel (including members from Juvenile Probation, Youth Community Corrections, Mental Health, a Youth Court Judge, a County Commissioner, and a Youth Justice Council member) evaluates programs and determines whether to grant funds to a district that reports overspending its initial allocation. This bureau, in conjunction with the other two bureaus, has developed a Serious and Violent Offender Reentry Initiative program including “guide homes” (foster homes for hard to place youth), community mentors and enhancing faith based services and medical related services for youth reintegrating into communities. Private contractors provide these facets of the program. PARDONS AND PAROLE MISSION STATEMENT: The Board of Pardons and Parole, as part of the criminal justice process, serves all Montana citizens by administering a flexible system of punishment, which fully protects society. All employees and members of the Board of Pardons and Parole are committed to securing the effective application of improvements to the clemency and release system as well as of the laws upon which they are based. The parole process is administered in an effective, humane, safe, and just fashion. FUNDAMENTALS The Montana State Board of Pardons and Parole is composed of three members and four auxiliary members. Each member is appointed by the Governor to staggered four-year terms subject to confirmation by the State Senate. The Board was created by legislative action in 1955. There has been some form of parole in Montana since 1889. The Board is part of the Executive Branch of State government. It is attached, for administrative purposes only, to the Department of Corrections. All functions of the Board are performed independently of that department. PARAMOUNT OBJECTIVES OF THE BOARD 1. The primary objective of the Board is to affect the release into the community of an appropriate offender prior to the completion of the term, while still fully protecting society. Parole may be granted when, in the Board's opinion, there is a reasonable probability that the prisoner can be released without detriment to the offender or community. When granted release, the offender is subject to the conditions imposed by the Board and the supervision authorized by governing statutes, rules, and policies of the Department. 25 2. To make every feasible effort to bring about the rehabilitation of those offenders incarcerated or released. 3. To allow, when requested, a victim to present a statement concerning the effects of the crime on the victim or family including, but not limited to, their opinion on release of an offender. 4. To return promptly to custody parolees who are unable or unwilling to adjust to parole supervision and who violate conditions of their release. 5. To protect society by not releasing offenders shown to be a menace to society, except a possible release of an offender who would soon be discharged without supervision at the end of the offender's sentence and it is thought better to return the offender to society under strict supervision. 6. To recommend to the Governor pardons and/or commutation of sentences to those individuals considered appropriate for this extraordinary privilege. 7. To approve grants of conditional discharge from supervision and set the conditions of such. ROLE AND FUNCTION OF THE PAROLE BOARD The primary responsibility of the Parole Board is to affect the release of an offender back into the community while still fully protecting society prior to completion of the offender's sentence. Persons are sentenced to prison for four purposes: Rehabilitation, deterrence, punishment, and incapacitation. The Parole Board monitors the offender and collects data from the courts, police, prison, and supervising agents. It studies the need for an accomplishment of each of the four purposes in each case. Decisions on each case are tailored to the crime and history of the offender. The Board then makes its decision by considering the probability that the prisoner can be released without being a detriment to him/herself or the community. In this way, the Board's unique central position and authority reduce sentencing disparity. They have within their power the ability to release early after eligibility or delay until later in the sentence to, in the name of fairness to the individual, reduce excessive harshness or extend parole denial or excessive leniency. Do not overestimate the importance of a parole Board's investigative and decision-making authority being centralized. They thus can compare each case with hundreds of others. Parole supervision does work. Years of study by the National Council on Crime and Delinquency indicate a lower recidivism rate for persons released from prison on parole as opposed to those who simply discharge their sentence. Therefore, discretion in releasing offenders is essential. This discretion is best placed with an independent, informed, just, and careful Parole Board. Along with parole responsibilities, the Board is also charged with making decisions and recommendations on Executive Clemency or Pardon and Commutation or the lessening of a sentence. However, the ultimate decision on Executive Clemency rests with the Governor. 26 PAROLE IS NOT PROBATION Parole is the release to the community of a person imprisoned by a District Court for a felony crime by the decision of the Board prior to the expiration of the offender's term, subject to conditions imposed by the Board and subject to supervision by the Department. The Board is responsible for revocation and return to custody if the rules of parole are violated. Probation is the suspension or deferral of a prison or Department commitment by the District Court. The District Court retains jurisdiction and the offender is placed under community supervision subject to the conditions imposed by the court. Probation officers in the community supervise these offenders and the District Court is responsible for revocation after a due process hearing if the rules of probation are violated. ADMINISTRATIVE ATTACHMENT: The Montana Legislature allocated the Board of Pardons and Parole to the Department of Corrections for administrative purposes only following the 1971 Executive Reorganization Act. However, the Board is autonomous, hires its own personnel, and sets its own policy independent of the Department of Corrections and without approval or control by the Department of Corrections. The Parole Board is not responsible for the care and custody of inmates nor is it in charge of supervising parole and probation officers. The Parole Board does not set sentences and probation is not an act of the Board. PAROLE PROCESS PAROLE OBJECTIVE Parole is a discretionary release of an offender from confinement after the offender has served part of the offender's sentence. Law sets the mandatory time served per sentence. The offender will continue under state supervision and custody and under set conditions. If these conditions are violated, the offender can be re-imprisoned. The Montana State Board of Pardons and Parole is the only paroling authority in this state. When making parole release decisions, the Board considers the probability that the offender can be released without being a detriment to him/herself or the community. ELIGIBILITY Eligibility for parole depends upon the term, the amount of good time earned, and the date the crime was committed. An offender meeting the qualifications is automatically considered for parole. However, no offender has a right to a parole. A parole may be granted only in the best interest of society and when the Board feels that a person is willing and capable of being a law-abiding citizen. A parole is not a reduction of sentence or an award of clemency. 27 PROCESS All calculations for parole eligibility are done by the Records Department at Montana State Prison and Montana Women’s Prison. The offender will appear before the Board members, at which time oral testimony is taken from all interested parties and the members review the offender's records. In most cases, a written disposition is rendered immediately following the hearing. CALCULATIONS (for crimes committed prior to April 13, 1995) An offender serving time as a non-dangerous offender is eligible for parole after serving ? of the offender's full term, less good time. Offenders receive 30 days per month good time. An offender may be designated a dangerous offender by the sentencing court. If so declared, the offender must serve ? the offender's full term, less good time. An offender serving a maximum time sentence may be considered for parole after serving 17? years. An offender serving a life sentence may be considered for parole after serving 30 years, less good time. Unless the court orders otherwise, for crimes committed on or after April 13, 1995, the offender will serve 25% of the term. If an offender receives an additional consecutive sentence after being received in the Montana prison system and after appearing before the Board for consideration on the first sentence, the offender will not be considered parole eligible on that sentence until the original sentence or sentences are satisfied, unless otherwise court ordered. The Board may allow commencement without granting parole to any consecutive sentence in order for the offender to begin serving to parole eligibility on the consecutive sentence. An offender serving a time sentence for crimes committed prior to April 13, 1995, will not serve more than seventeen and one-half (17?) years to parole eligibility unless the court orders otherwise. Offenders who commit crimes between April 13, 1995, and January 31, 1997, must serve 25% of the sentence to be eligible for parole. Good time and dangerous/non-dangerous designations have been removed; however, offenders will continue to receive 30 days per month good time for discharge purposes. For offenders who commit crimes after January 31, 1997, parole eligibility will be calculated at 25% of the sentence and offenders will have to serve 100% of a sentence to discharge. Thus, on a 10-year term, an offender will serve: EXAMPLE: 10 years = 120 months divided by ? = 30 months to parole eligibility; 120 months to discharge whether in prison or on parole. 28 Offenders serving life sentences shall not be considered for parole prior to serving 30 years of their sentence. MEDICAL PAROLE The Board may release a person on medical parole except a person under a sentence of death. To be eligible for a medical parole, a person must have an examination and written diagnosis by a physician. The diagnosis must include a determination that the person suffers from an incapacitating physical condition, disease, or syndrome that renders the person highly unlikely to present a clear and present danger to public safety, the prognosis addressing the likelihood of the person's recovery from the physical condition, disease, or syndrome and the extent of any potential recovery. The Board will require as a condition of medical parole that the person agrees to placement in an environment chosen by the Department during the parole period, including but not limited to a hospital, nursing home, or family home. If either the Board or the Department determines that the person's physical capacity has improved to the extent that the person is likely to pose a possible detriment to society, the Board may revoke the medical parole and return the person to the custody of the Department. A grant or denial of medical parole does not affect a person's eligibility for non-medical parole. NOTIFICATION AND COMMUNITY RESPONSE The Board notifies and actively solicits and reviews any comments relative to the release of a prisoner from sentencing court judges, related county attorneys, sheriffs, chiefs of police, and probation and parole officers. Also reviewed are victim impact statements and letters from relatives and area citizens with interest in a particular case. Upon request, victims and victim's families are notified of any Board action and may appear before the Board to present testimony. PRE-PAROLE INVESTIGATION Before the Board interviews an offender for parole consideration, it requests detailed reports from prison counselors, Board staff, and, if a case warrants, from professional staff, such as psychologists. Sources of information are arrest and court records, pre-sentence investigations, and existing psychological and reports from other treatment programs an offender may have attended. Also considered are institutional work and conduct records and rehabilitative efforts. These sources of information are considered confidential criminal justice information. PAROLE PLAN A comprehensive parole plan must be prepared by each offender for Board consideration. Each plan will include a suitable living situation, gainful employment, or a training or a school program guaranteed by a responsible and reputable person, firm, or institution. All plans will be 29 reviewed by the Adult Probation and Parole staff of the Department prior to release on parole. The Board may grant a parole with the substantial prospect of gainful employment or schooling. FACTORS IN PAROLE DECISIONS (criteria) The Board has designated certain factors as important when considering a person for parole. They will determine the following: If the offender can be released without being a detriment to him/herself or community. 2. If the best interests of society are furthered. 3. If the offender is able and willing to fulfill the obligations of a law-abiding citizen. 4. If continued correctional treatment would substantially enhance the offender's capacity to lead a law-abiding life. The Board will not parole an offender if there is a substantial reason to believe the offender will engage in further criminal conduct or will not conform to specific conditions of parole. WAIVER An offender may voluntarily waive a parole hearing by notifying the Board in writing. However, a hearing will automatically be rescheduled in 6 months. Any offender who has waived the Parole Board hearing may see the Board earlier by giving at least 30 days written notice. HEARING PROCEDURE An offender will systematically come before the Board for a non-medical parole interview within two months prior to the actual eligibility date or as soon thereafter as possible. Eligibility dates are calculated by the Prison Records Department. Written communication relating to parole hearings may be filed with Board staff at anytime. An offender designated ineligible for parole by a State District Court until certain restrictions or conditions are met will not appear for a hearing until ineligibility conditions or restrictions have been satisfied. Upon completion of the restrictions or conditions, certified by the appropriate Department staff, the offender may request an appearance before the Board and will be added to the next available Board for parole consideration. All interviews and hearings before the Board are conducted informally under the direction of the Chairperson or a designate. An offender who is not interested in parole release may waive the right to personally appear before the Board. The offender will acknowledge that fact and the Board will render a decision based on the written record and on the indication the offender is not interested in parole release. 30 The lists of offenders being considered each month are available on the Board of Pardons and Parole website. Outside persons interested in appearing before the Board must notify the Board by phone at least 10 working days prior to the hearing. At that time, they will state their intent, the date of the intended appearance, relationship to the offender, and the reason for appearance. The Board has discretion in determining the number of persons who can attend the hearing. This determination is on a case-by-case basis. The Board generally excludes minors from appearing. Those interested in appearing must be more than 18, and the Department has instituted a policy of running background checks on outside persons wishing to appear. No person with a felony record will be allowed into the institution. To protect individual privacy rights, the Board may close a meeting to discuss confidential information. Board decisions are by majority vote and are not reviewable. The disposition of the Board will be in writing and will include any special conditions or terms to be required by those granted parole. The disposition also includes the standard conditions of parole. NOTIFICATION OF DECISION All decisions regarding parole will be issued from the Board and signed by at least two Board members. Notification of the Board decision will be in writing. When an offender has been denied parole, his or her written notification will include the date of his or her next Board appearance and/or review or discharge dates. This document of notification will include the decision and, in the case of denial, will show reasons for that denial and make recommendations for self-help programs, if the Board has an opinion in that regard. All Board dispositions are also available on the website. RESCISSION AND RELEASE DELAY A parole may be withdrawn prior to release as a result of improper conduct, substantial changes in the parole plan as originally presented to the board or new evidence or information which was not available for the hearing at which parole was granted. The Board may delay a parole that has been granted for up to 120 days as a result of improper conduct or new evidence or information if rescission is not in order. If the offender is the resident of a community-based program, the delay may be a minimum of 90 days with clear conduct. PAROLE SUPERVISION When the offender has met the requirements of the law regarding parole, the Board may issue an order of release granting the offender permission to serve the remainder of his or her term outside prison, under such terms and conditions as the Board may impose. While on parole, the offender remains in the legal custody of the Department of Corrections but is subject to the orders of the Board. No offender will be granted a release from prison until the supervising community agent has examined and approved the offender's proposed plan. 31 10-DAY FURLOUGH Upon receiving a parole from the Board, an offender may request from the prison warden/Superintendent/Administrator a 10-day furlough to the community of his\her intended residence. The purpose of such furlough is to enable the offender to complete a parole plan, such as obtaining employment and/or a living situation. Failure of the offender to secure appropriate employment and/or residence can result in a return to an institution. FINAL DISCHARGE When a person is released on parole, the projected date of discharge from parole supervision will be stated on the parole certificate. If all sentences have been completed, the person will receive written notice of discharge signed by the Governor and the Board of Pardons and Parole (no certificate is issued if a probation term follows). The Board discharge order includes restoration of civil and political rights in the State of Montana. PAROLE REVOCATION If a parolee violates a condition of his release, a warrant may be issued for the parolee's arrest. In most circumstances, a parolee is afforded a preliminary hearing by the supervising officer and a hearing officer. The purpose of the hearing is to determine whether there is probable cause to believe the parolee violated one or more parole conditions or whether he\she should be held under arrest pending the Board's decision on revocation. The Board will schedule a full revocation hearing for the parolee at the next regularly scheduled Board meeting. If the parolee has violated a condition of release requiring the payment of restitution, the Board will notify the victim of the offense prior to the revocation hearing and give the victim an opportunity to be heard. If the Board finds that due to circumstances beyond the prisoner's control, the prisoner is unable to make the required restitution payments, the Board may not revoke the prisoner's parole for failure to pay restitution. The Board 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. A parolee may request a continuance of the full revocation hearing for substantial reason. The parolee may be represented by council and have witnesses. The purpose of the full hearing is to make final decision on whether there is a violation of parole conditions and whether the violation warrants revocation. If a parolee admits to the violation, the parolee can waive his or her right to a hearing before the Board. The hearing will be recorded. A written copy of the decision will be given to the parolee in a timely manner. The Board decision is based on the reports of the supervising officer, the report of the on-site hearing if there was one, and information and evidence presented at the hearing. The burden of proof is a preponderance of the evidence. 32 At the hearing, the parolee may be reinstated on parole. The parolee may be held in the custody of the institution for 30 days awaiting an approved plan. Any parolee who commits a crime while on parole or conditional release and who is convicted and sentenced, will serve the sentence consecutively with the remainder of the original term, unless ordered concurrent by the District Court. EXECUTIVE CLEMENCY There are several kinds of Executive Clemency in Montana, including: (1) Pardon - a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction. (2) Commutation - involves the mitigation of a criminal punishment through the substitution of a lesser sentence for a greater one. Under the statutes and the constitution of Montana, the granting of Executive Clemency is solely the responsibility of the Governor. However, all applications for Executive Clemency must be made through the Board of Pardons and Parole. The Governor cannot act on Executive Clemency without a recommendation from the Board. VICTIM SERVICES The Board worked diligently on setting up a victim services program that could help meet the needs of crime victims. In July of 1997, the Board staff was instrumental in bringing a nationally renowned expert to Great Falls to speak about a program called “Promising Practices and Strategies for Victim Services in Corrections.” The Board determined that more attention should be directed toward crime victims in Montana. The Legislature also recognized this fact and changed the statute to mandate crime victim participation in offender sentencing and also required that the criminal justice system notify victims, if they so desired, of the offender’s movement within the system. Although the Board had always been well aware of the trauma and potential for a myriad of feelings by crime victims, the Board formally instituted the victim services program following the meeting in 1997. The Board’s Executive Director, Craig Thomas, administers the current program and two employees have been assigned to help make the program work. They are the Victim Services Coordinator, Senior Administrative Officer Jeff A. Walter, and the Victim Services Specialist, Cathy Johnson. As described in 46-24-212, MCA, the Board must, when requested by a victim or victim’s family, provide certain information about an offender. That includes the following: 33 (1) promptly inform the victim of the following information concerning a prisoner committing the offense: (a) projected discharge and parole eligibility dates; (b) time and place of a parole hearing concerning the prisoner and of the victim’s right to submit a statement to the Board under 46-23-202, MCA; and (c) the community in which the prisoner will reside after parole. (2) provide reasonable advance notice to the victim before release of the offender on furlough or parole (3) promptly inform the victim of the occurrence of any of the following event concerning the offender: (a) a decision of the Board of Pardons and Parole (b) a decision of the Governor to commute the sentence or to grant Executive Clemency (c) a release from confinement and any conditions attached to the release The Board informs the District Judge, county attorney, police department, sheriff’s office, and local probation and parole office of an offender’s scheduled appearance before the Board for parole consideration. The victim(s) do have a responsibility to notify the Board staff that they would like to be kept informed of the offender’s situation. This includes notifying the Board of any change in name, address, or telephone number. Once a victim or victim’s family contacts the Board, the procedure that follows is implemented. Victim Notification When a victim or witness makes a request in writing for notification of an offender’s parole consideration, Board staff sends them an information packet that lists the offender’s parole eligibility date, tentative hearing date, and the sentence expiration date. This letter informs the victim/witness of their rights under Montana law. The information also informs the victim/witness of their right to request that their input be kept confidential. The packet includes a Board of Pardons and Parole Victim Rights Information pamphlet, a Department of Corrections VINE pamphlet, and a Department of Corrections CON pamphlet. The information contained in these pamphlets further explains the adult parole process and the rights that victims/witnesses have in regard to an offender. If a victim/witness wants to present testimony to the Board members considering an offender’s case, they must contact the Board at least 10 working days prior to the hearing so that arrangements can be made for their admittance into the correctional facility where the hearing will be held. Victims are required, in accordance with Department of Corrections policy, to give their date of birth and social security number so that a background check can be completed. Any person with a criminal record or who is under the age of 18 may be restricted from the facility. Upon completion of the background check, the victim/witness is notified of the time scheduled for the offender’s hearing. For offenders appearing at Montana State Prison in Deer Lodge, the victim/witness is directed to the Board’s office for instructions on prison policies and procedure. The Board’s Victim Services Specialist then accompanies them to the prison. The Victim Services Specialist helps them enter the prison, go through the check-in process, and leads them into the Boardroom. The Victim Services Specialist is there to help the victim/witness understand the process and to answer any questions the victim/witness may have. After the 34 hearing, the Specialist leads the victim/witness back out of the prison and helps them through the checkout process. When a disposition has been rendered in the offender’s case, the Specialist contacts the victim/witness with the hearing results and again answers any questions that may arise. PROBATION & PAROLE BUREAU ALTERNATIVES TO INCARCERATION The Probation & Parole Bureau is a community-based program, operated by the Department of Corrections. Probation is the most prevalent and cost-effective alternative to incarceration used by the courts. The Probation & Parole Bureau is responsible for the supervision of adult probationers and parolees and offenders on Conditional Release in Montana. Over 75% of all offenders in the Correctional system are supervised in the community. The Probation and Parole Bureau staffing consists of: Bureau Chief Administrative Support-in Helena Office ACIS Legal Entry Unit/Brady Gun Bill Check Six Regional Administrators Probation & Parole Officer II Adult Probation & Parole Officers Sex Offender Officers/Victim Services Advocate Intensive Supervision Program Officers Institutional Probation & Parole Officers Probation & Parole Officer Technicians Administrative Support The bureau’s “alternatives to incarceration” programs are as follows: Intensive Supervision Program which includes Electronic Monitoring Sex Offender Officers/Victims Specialists-Specialized officers supervising sex offenders and violent offenders with a focus on victim services. Jail Sanctions Program and/or the Probation Violator Prison Diversion Program Case Management & Supervision Standards for all offenders Probation Officer Technicians assisting officers in most rural areas Drug and Alcohol Testing Intensive Treatment Services (ITS) (Only Billings and Missoula) ISP Sanction: Just Initiated 11/04 – Combination of Intensive Supervision and CD Treatment with each ISP Team 35 PROBATION & PAROLE STAFFING REGIONAL ADMINISTRATORS (RA) RAs are responsible for all budgets and personnel issues in their perspective region. They also are the Hearing Officers for Adult On-Site (Parole Revocation) Hearings. The RA assesses and classifies all DOC commitments, felony offenders committed to the DOC for appropriate placement in the correctional system. RA’s supervise the PO IIs. PROBATION & PAROLE OFFICERS II (PO IIs) PO IIs are the first line supervisors who assist the Regional Administrator. The POII does the work of the RA in the R A’s absence. PO IIs provide supervision for the Probation & Parole Officers and administrative support. In those communities that have Pre-Release centers, the PO IIs are also the liaisons to the Pre-Release Centers (PRC) in their community for the Department of Corrections. In this capacity, they participate on the PRC board and are members of the screening committee, screening all offenders applying for acceptance into a PRC. PO IIs are the Hearings Officer for inmates in the PRC or ISP, who are served with severe and major violations. They also serve as Hearings Officers for On-Site or Preliminary Hearings on parole violators, due process hearings on parole revocations and Intervention Hearings. PO IIs supervise the Intensive Supervision Programs in their area. The POII at Montana State Prison provides supervision and direction to the Institutional Probation & Parole Officers (IPPO) at the Montana State Prison and Treasure State Correctional Training Center (Boot Camp). This POII is also responsible for the basic operation and training of all IPPOs at the three Regional Prisons located in Missoula, Great Falls and Glendive, Crossroads (CCA), a private prison in Shelby. ADMINISTRATIVE SUPPORT The workload of the Administrative Support staff is heavy and varied. They support Probation & Parole staff and their subsequent services. Their work is complex due to the legal ramifications and the felony offenders they interact with daily. In urban offices, two administrative staff provides administrative support for officers. Administrative Support staff is responsible for the collection of adult offender data that is entered into the ACIS/PRO-Files management information system for the Department of Corrections. PROBATION OFFICER TECHNICIAN (PO Tech-10) PO Technicians were recently developed in order to provide enhanced assistance to the Probation & Parole Officers in the more rural areas where there is only one or two officers in a large geographical area. 36 PO Technicians are required to successfully complete the MLEA Probation & Parole Basic training course. They assist the Probation & Parole Officer in duties such as offender urinalysis testing; gathering information for Pre-Sentence Investigations and Report of Violation; home contacts with the offender; employer contacts and other collateral contacts with law enforcement. PO Technicians also provide the officer with administrative services, including the data entry into ACIS. ADULT PROBATION & PAROLE OFFICERS Probation & Parole Officers provide numerous services to their communities and the state. They have several bosses and wear many hats. To be effective, they balance the often-conflicting duties of being a counselor and a cop. Even though they are Department of Corrections employees, they are responsible to the District Court Judges in the twenty-three Judicial Districts in the State of Montana. The District Court Judges order Probation & Parole to investigate and prepare Pre-Sentence Investigation (PSI) reports on felony offenders. The PSI report assists the District Court Judge in sentencing felony offenders to the most appropriate placement available. Probation & Parole Officers also provide many functions for the Board of Pardons & Parole. The BOPP is a quasi-judicial board, appointed by the Governor, whose executive function is only attached to the department. Officer’s daily work involves daily contact with felony offenders, judges, law enforcement, victims, attorneys, and treatment providers. Officer’s main responsibility is the effective monitoring, supervision, and counseling of offenders sentenced to serve probation by the court and parole offenders released from incarceration by the BOPP. In addition, officers supervise the offenders placed on conditional release. An average day for an officer includes visiting the homes, workplace, or treatment provider of the offender assigned to their caseload. It may include a search of the offender’s home and often times, seizure of contraband. Officers have the authority to arrest offenders and carry firearms. Officers collect urine specimens from offenders to test for alcohol and illegal drug use. Officers also monitor restitution payments to the victim, fines to the court and collect supervision fees from the offender. The officer’s ultimate goal is controlling the offenders’ behavior through sanctions and programming, while providing community safety. INTENSIVE SUPERVISION PROGRAM OFFICERS (ISP-15) The Intensive Supervision Program, developed in 1987, was a pilot project in Billings and was financially supported by a grant from the Board of Crime Control. The offenders served by this program are inmates, high-risk parolees or higher risk/need diversion (probationary) offenders. 37 ISP monitors and supervises the offender at an intensive level, while the offender works and supports themselves and their family in a community. Offenders are mandated to work, pay restitution, volunteer for community service, attend programming and treatment, while under the close watch of the ISP Officer. The Intensive Supervision Program, which includes electronic monitoring, is designed to provide a cost-effective alternative to incarceration for adult felony offenders. ISP provides supervision for higher risk offenders. If not for the Intensive Supervision Program, many of these offenders would have been sentenced to prison or returned to prison as probation or parole violators. During Phase I (the first two months) of Intensive Supervision, the offender is monitored electronically with an ankle bracelet. For those with a history of alcohol abuse, the officer uses the intoxilizer unit. Offenders on the Intensive Supervision Program may be sentence to probation as a diversion, released on parole (either released from incarceration or in lieu of return to the prison) or on inmate status. Most, if not all, of these offenders would be incarcerated if this program did not exist. One goal of restorative justice is at hand when the offender pays victim restitution, self-reliance, and completes community service hours. Another goal of the Intensive Supervision Program is to provide intense supervision to an offender on a daily basis while requiring that offender to work and be responsible for his daily life needs. The main goal of this program is to provide the department with a cost-effective alternative to incarcerating offenders in prison, providing the punishment, public safety, and treatment objectives of the Department. ISP teams are located in Billings, Bozeman, Butte, Great Falls and Missoula. A team of two officers supervises a maximum of 50 offenders for a 1:25 ratio (Potentially 15 on Traditional ISP and 10 on the Sanction Component). Prior to accepting an offender for the Intensive Supervision Program, the Intensive Supervision Team requires each applicant be screened and accepted by a local Screening Committee, which consists of community and law enforcement persons. INSTITUTIONAL PROBATION & PAROLE OFFICERS (IPPO-10) Another unique position within the Bureau is the Institutional Probation & Parole Officer. Their purpose is to facilitate the placement of an inmate back into the community via Intensive Supervision, Pre-Release, Conditional Release, Parole or Probation. They provide the coordination necessary for the Board of Pardons and Paroles, prisons, the Probation & Parole Officers, and Pre-Release Centers to expedite the transition of inmates from the institution to the community. Institutional Probation & Parole Officers (IPPOs) provide a myriad of other services to the facilities to which they are attached and the offenders in those facilities. 38 IPPOs are located at Montana State Prison (Deer Lodge), Treasure State Correctional Treatment Center (Boot Camp at Deer Lodge), Regional Prisons in Great Falls, Missoula and Glendive Montana Women’s Prison (Billings), WATCh DUI Treatment program (Warm Springs and Glendive) and Crossroads Correctional Center Shelby). These officers have the role of liaison between the correctional facilities, the Board of Pardons and Parole and Probation & Parole field staff. All offenders discharging or paroling from the prisons must be signed out and given a travel permit by the IPPO from the facility. IPPOs assist in screening offenders for Pre-release centers & ISP programs. The IPPOs also ensure the appropriate offenders have registered as Sexual/Violent offenders and the DNA testing has been accomplished. IPPOs help the offender develop a viable parole or release plan back in the community. Many offenders who are difficult to parole, specifically those with medical or mental health issues, require the expertise of these officers to assist them in the planning and release from the facility. SEX OFFENDER OFFICERS/VICTIM SERVICES ADVOCATE All Probation & Parole Officers attend training specific to the most effective techniques in supervising sex offenders. This training includes information about the Montana Sex Offender Treatment Association and the specialized treatment this organization provides for sex offenders, the various types of sex offenders, the offender’s cycle of abuse, red flags to relapse and relapse prevention. Sex offenders are less likely to reoffend when they are actively participating in sex offender treatment and are being closely monitored by specialized officers. The National Center for the Effective Management of Sex Offenders recommends ratio of no greater that 1:40 when supervising high-risk sexual/violent offenders. In Montana our workloads exceed these standards in most locations. Montana has developed sex offender officer positions in those Montana communities that have the highest concentrations of sex offenders. Each ISP team has one member of the team who has additional and specialized sex offender training to supervise sex offenders. These sex offender officers are located in Billings, Great Falls, Helena, Kalispell and Missoula. These officers have attended several hours of additional training and have had training at the Sex Offender program at the prison. Their expertise is key in understanding the laws that are specific to sexual/violent offenders, such as registration, community notification and DNA testing. In these communities, the sex offender specialists network closely with the community, law enforcement, treatment providers and crime victims. These officers offer themselves as a resource for both law enforcement and crime victims. In addition to writing the Pre-Sentence Investigations on sex offenders, these officers understand the special needs of the victim and the resources available through the Crime Victims Units to assist them. 39 These officers involve themselves in the offenders’ sex offender treatment by attending group sessions. By attending group sessions, it is made clear to the offender that the PO is closely monitoring them and there is no confidentiality. This close involvement makes it more difficult for the offender to manipulate the Probation & Parole Officer. Due to the fact that there is not any confidentiality between the therapist and the officer, supervision violations and red flags indicating relapse can be monitored more easily. The officer and the therapist maintain an extremely close working relationship and rely on one another to provide effective management of sex offenders in the community. These officers work closely with the Department of Justice, who maintains the registration file on Sexual/Violent Offenders. PRE-SENTENCE INVESTIGATION REPORT (PSI) The pre-sentence investigation report is one of the most significant documents generated on the offender within the Department of Corrections. The purpose of the PSI report is to assist the Judge in sentencing felony offenders to the most appropriate sentence. The Probation & Parole Bureau is responsible for writing PSIs for District Court Judges serving Montana’s twenty-three Judicial Districts. Prior to sentencing felony offenders, the District Court Judge orders the Probation & Parole Bureau to complete a Pre-Sentence Investigation (PSI), per MCA 46-18-111. The Probation Officer then interviews the defendant and prepares the PSI as specified in MCA 46-18-112. Without a PSI, the court has little or no background information about the defendant. The pre-sentence investigation, as part of the court record, is confidential and not open for public inspection Contents of PSI report per statute: the defendant’s characteristics, circumstances, needs and potentialities; the circumstances of the offense (official version, defendant’s version and victims version); the defendant’s criminal history; the defendant’s social history, mental and substance abuse history; the harm caused, as a result of the offense, to the victim, the victims immediate family and the community and any pecuniary loss through a victims statement; summary and recommendation of sentencing alternatives to the court. The Probation Officer assigned to conduct the investigation consults with the county attorney and the defense attorney; conducts interviews with the defendant, the victim(s) of the offense, and other pertinent individuals. The officer verifies criminal records, psychological, and treatment reports, juvenile records (when pertinent), employment history, family/social background, educational history, and completes a report that reads much like a biography of the defendant. 40 Prior to sentencing, this report is reviewed by the court and both the prosecuting and defense attorney. At the time of the sentencing hearing, the Probation Officer may be called to testify as to the contents of the report and the sentencing recommendation, which includes conditions for supervision or placement. The PSI writer evaluates the options and considers the sentence that would give the offender the best opportunity for change while giving consideration to the victim(s) and providing for public safety. This is a delicate balance at best. The PSI is used to assess the level of risk and/or dangerousness of the offender and determine the most appropriate, least restrictive placement for each offender who enters the corrections system. The Pre-Sentence Investigation report becomes part of the offender’s permanent file and follows the offender throughout the Corrections system. The PSI is utilized by all facets of the Corrections system as a screening tool for placement. The Board of Pardons and Parole also uses the PSI at the time they review the offender for release on parole. For those offenders sentenced without a PSI, the Supervision Standards and Compliance Monitoring policy requires the officer to do a Post Sentence Investigation. The Post Sentence Investigation will provide the officer with basic information and background to provide the most appropriate level of supervision and direction for case management. The Post Sentence Investigation is a new concept. It was estimated that judges order PSIs on approximately 70% of all felony offenders awaiting sentencing. That means that an estimated 30% of felony offenders are sentenced without a thorough background investigation. Without a PSI, judges make their sentencing decision on the information provided by the prosecuting and the defense attorney, using the plea agreement. The PSI has great value to the Judge at time of sentencing. CONDITIONS ON PROBATION OR PAROLE (Conditions on Probation or Parole are specified in the Administrative Rules Manual (ARM), Corrections 20.7.1101) When the Court orders an offender to be placed on probation, in lieu of incarceration, the Probation Officer supervises the offender according to the standard conditions of Probation & Parole and the special court ordered conditions. There are eight standard conditions all offenders must follow: Residence: not change your place of residence without first obtaining permission from your Probation/Parole Officer. Travel: not leave your assigned district without first obtaining written permission from your Probation/Parole Officer. Employment and/or Program: maintain employment or a program approved by your Probation Officer. 41 Reports: personally report to your P.O. as directed. Weapons: not own, possess or be in control of any firearms or deadly weapons as defined by state of federal law. Financial: obtain permission from your P.O. before financing a vehicle, purchasing property or engaging in business. Search: submit to a search of your person, vehicle, or residence by the P.O. at any time, with or without a warrant. Laws & Conduct: comply with all city, county, state and federal laws and ordinances and conduct yourself as a good citizen. Report any arrests or contact with law enforcement to your P.O. The ninth and subsequent conditions are the special conditions that may be placed on offenders during their probationary period by the Judge or on their parole by the Board of Pardons and Parole. Special conditions may include: No alcohol use & restriction from bars Submit to alcohol & drug testing (urinalysis) Pay fines to the court and supervision fees Pay restitution to the victim Attend specific counseling and/or treatment Complete community service hours RISK & NEEDS ASSESSMENT Offenders are classified according to their level of risk and individual needs. This classification will assist the officer in determining which level of supervision the offender will be most appropriately supervised. All levels of supervision require the following activities by the Probation & Parole Officer: contact with the offender at his/her home and with his/her family, place of employment, school, program or treatment providers. Other activities include urinalysis drug testing, searches, travel permits, record checks, collecting victim restitution, supervision fees and court fines. The Supervision Standard and Compliance Monitoring policy requires the Probation & Parole Officer to spend more time in the community with the offenders. This policy requires the officer to actively manage each individual offender. Point of Interest: We are supervising a greater percentage of our offenders at a more intensive level. A seven percent increase in Levels II and III (nearly ? of the entire caseload) reflects the 42 increasing risk and needs of our Montana offenders. Request for new staff is primarily driven by this group. Officers provide updated reports to the courts, as to the offender’s progress and/or violations of the conditions of probation supervision. The Probation Officer is responsible for regular contacts with the offender in the office, in offender’s home and/or workplace. Probation & Parole Officers perform regular collateral contacts with treatment providers, (such as alcohol & drug counselors, mental health counselors, sex offender counselors), employers, educational programs, family members, clerk of courts, city, county, state and federal law enforcement agents, victims and restitution/community service programs and other community programs such as Pre-Release Centers. Officers generally partner with another officer when checking on an offender, whether doing bar checks, home visits, or searches. Officers work hand-in-hand with local police and sheriffs departments and share intelligence information. During home visits or random house checks the Probation Officer is responsible to identify illegal contraband or other prohibited items and/or substances and subsequently search the offender, their home and/or car. Officers use the safest approach possible when making an arrest. Officers also do search & seizures, stop & frisk, and other techniques and investigative skills used by other law enforcement. Officers are authorized to carry firearms. Officers monitor the collection of restitution for the crime victim, supervision fees and all other court fines and fees. The Officer also is available to assist the victim when necessary. Officers test offenders for illegal drug use or use of prohibited substances. Methamphetamine use and labs are of particular concern when working with offenders. Officers refer the offender to counseling services, assistance in securing employment and/or entering an educational/training program. Further, the Probation Officer works with the offender to develop social skills needed for effective community interaction. Officers have the responsibility to investigate and write Reports of Violation, making a recommendation to the District Court Judge at the revocation hearing. The officer must know these state laws and the sentencing alternatives for the offender. Officers work alternative schedules from 7:00 a.m. to 10:00 p.m. and on weekends to provide services to both the community and the offenders. 43 ADULT PROBATION STATUS VS. PAROLE STATUS The difference between adult probation and parole is the offender’s legal status or the legal jurisdiction of the offender. Probationers and Parolees are supervised similarly. However, the sentencing court has jurisdiction to revoke for those offenders on Probation status. The Board of Pardons and Parole has jurisdiction to revoke those on Parole status. CONDTIONAL RELEASE OFFENDER The offenders committed to the DOC are eligible for conditional release. These offenders are supervised with the same standards as Probationers and Parolees. They are under the jurisdiction of the Department of Corrections. PAROLE VIOLATION and REVOCATIONS The Board of Pardons & Parole grants the release of inmates to parole from prison, prior to the inmates prison sentence expiring. This release is based on the promise that the offender will abide by strict conditions of parole supervision. In the event the parolee violates the technical parole conditions and/or gets involved in illegal activity, the Parole Officer may arrest the parolee and through an administrative hearing, recommend the return of the offender to prison. The administrative “due process” hearing does not involve a judge or generally, any attorneys. The Parole Officer performs a role similar to that of a prosecuting attorney. The on-site hearing and subsequent decision of the Administrative Hearings Officer occurs within days of the violation report. The Parole Officer must be knowledgeable about the statutes that pertain to this hearing and the alternatives allowed via Corrections policy. Even though a parolee is supervised much like a probationer, a parolee’s freedom is much more tenuous than a probationer’s. Parolees are not entitled to bond, so they usually are not released back to the streets prior to the hearing. The Board of Pardons & Parole makes the final determination as to whether the offender’s parole is revoked. In FY02, the Bureau held 165 Parole Revocation (On-Site) hearings on parole violators. Of those 165 offenders, the Board of Pardons and Parole revoked 156. RECIDIVISM Adult Prison Recidivist – An adult offender who returns to prison in Montana for any reason within 3 years of release from prison. Each release can have only one corresponding return. Success: a 35% recidivism rate is typically a number agreed upon by the DOC as a number reflective with the adopted definitive. 44 ADULT RESTITUTION PROGRAM Probation & Parole Officers are instrumental in the collection of restitution for crime victims and the collection of miscellaneous fees and fines ordered by the court, mostly for the counties. Restitution for Victims: From October 2003 through October 2004 DOC has collected 2 million and disbursed 1.9 million. The toll-free restitution unit number is 1-800-801-3478. There are significant cost savings benefits to community-based corrections, such as Probation and Parole, Intensive Supervision and Conditional Release. Even though the offender is not incarcerated, community supervision requires offender accountability. Offenders are held accountable by: maintaining regular employment and/or attending an educational or training program; providing financial and emotional support for their families; paying taxes; attending treatment; paying supervision fees; paying court costs; paying restitution back to the crime victim(s); working community service hours; reporting to the Probation & Parole Officer; abiding by the strict rules of probation or parole. In addition to requiring these responsibilities, community supervision has the ability to hold the offender accountable by enforcing the following restrictions: restricted traveling or denying relocation to another community; going into debt; their place of residence within the community; their ability to possess or own a firearm or other deadly weapons; their place of employment; entering bars and casinos; must open their home to searches without a warrant; consuming alcohol or entering bars. The offender is given the opportunity on community supervision to make changes in their behavior and attitude, while being financially responsibility for their actions. The Probation & Parole Officer is required to be a counselor, a police officer, and a mentor to these offenders. They are also required to provide the necessary information & support to victims. The skills required of each officer are myriad and complex. 45 Officers need to be armed with good communication skills, counseling skills, and persuasion skills. The P&P Officer will also need to be armed with firearms, evidence tape, police backup, cell phones, police radios, handcuffs, bullet proof vests, protective search gloves and O.C. Spray. Probation & Parole Officers must possess good writing skills. Probation & Parole Officers must effectively communicate with judges, lawyers, treatment specialists, offenders, offender’s families and all levels of law enforcement. Officers work a variety of schedules to assure the evenings and weekends are covered and that they make themselves available to offenders, their families and law enforcement. Probation & Parole Officers are required to stay current with the laws that apply to their duties and to the offenders. They must be familiar with the correctional system statewide, including the alternative correctional programs and intermediate sanctions available. The Probation & Parole Officer is always mindful to carefully balance the safety of the community and needs of the offender, within the fiscal restraints of the Bureau. On any given day, more than 7,000 offenders are being supervised in our communities throughout Montana. This means that 77 percent of the offenders in the Department of Corrections system are serving their time on probation, parole, conditional release, ISP or in a community corrections program. Probation and Parole supervision & programming is a cost-effective, viable alternative to incarceration. Making a difference everyday…making Montana communities safer. 46 ADULT CONDITIONAL RELEASE The concept of Conditional Release for inmates in the Department of Corrections developed after significant overcrowding in the prison system and some community-based programs. Offenders committed to the Department of Corrections and who are not placed in a pre-release center, an Intensive Supervision Program, the Treasure State Correctional Training Center, the Warm Springs Addiction Treatment and Change, and the Connections Corrections Program, are sent to the Missoula Assessment and Sanctioning Center until they can be screened and placed in an appropriate facility. Prior to February 1, 2003, conditional release offenders were released from the prison system in the following manner: Only DOC committed offenders in prison who have been screened by both the Warden and the Director and have been approved, approved with stipulations, or denied with conditions for re-screening prior to February 1, 2003, were eligible for a conditional release from prison to community corrections traditional supervision under the Probation and Parole Bureau after February 1, 2003. If any of these eligible offenders received a severe rule violation prior to their conditional release, they were ineligible for further consideration. No further initial screening of DOC commits in prison for conditional release was conducted after February 1, 2003. Other than those offenders identified as eligible in paragraph 1. above, any DOC commits in prison or entering prison from any source after February 1, 2003, are only released from prison via a parole from the Montana Board of Pardons and Parole or by discharging their prison sentence. After February 1, 2003, the following offenders were eligible for conditional release: Offenders committed to the Department and placed in a correctional facility or program; Offenders who are in Prerelease, on ISP, or in prison on medium or minimum custody; Offenders who are serving a sentence for a Fourth Offense or subsequent DUI and are not serving the initial thirteen (13) month sentence. (These are offenders who have violated their suspended sentence and are serving time.) Offenders who have at least 60 days of conduct without a severe disciplinary infraction; Offenders who have formally violated conditions of parole or conditional release and have been sent back to prison for a minimum of four months from the date of the violation hearing. Missoula Assessment and Sanctioning Center (MASC)/Billings Assessment and Missoula Assessment and Sanctioning Center (MASC)/Billings Assessment and Sanctioning Center (BASC) Only DOC commits and community corrections program jail sanctions will be admitted to MASC/BASC in the following manner: 47 All DOC committed offenders who are not placed in a Prerelease, on ISP, or in TSCTC/ICP, will initially be admitted to MASC/BASC for screening and assessment. Offenders who complete the requirements of the MASC/BASC programs (30 –120 days) will be transferred to appropriate community corrections programs which include: TSCTC, ICP, CCP, PRC, ISP, or conditionally released to Probation & Parole Bureau supervision. Those offenders who do not complete the programs or are determined inappropriate for community placement will be sent to prison. After February 1, 2003, any offender sent to prison will not be eligible for conditional release. The following offenders were eligible for conditional release from the MASC or BASC Program: Offenders committed to the Department of Corrections, placed in a Community Corrections Facility/Program and being released to Probation & Parole Bureau supervision. Offenders who have at least 60 days of conduct without a severe disciplinary infraction. DOC committed offenders who were placed in MASC on February 1, 2003, will be eligible for parole only if they have had previous Montana Board of Pardons and Parole (MBOPP) action on their current sentence. If the offender had no previous MBOPP action on their current sentence, they will not be eligible for parole but may be conditionally released. Offenders, who enter MASC/BASC after February 1, 2003 and are transferred to community based corrections programs, will not be eligible for parole and can only be conditionally released. Offenders currently in MASC who have been screened by both the Community Corrections Division Administrator/Warden and the Director and have been approved, approved with stipulations, or denied with conditions for re-screening prior to February 1, 2003, will be eligible for a conditional release from MASC. If any of these eligible offenders receive a severe rule violation(s) prior to their conditional release or are sent to prison they will become ineligible for further consideration. Offenders who have formally violated their Conditional Release and been returned to the prison will not be considered again for Conditional Release. The following offenders are eligible for conditional release from a Pre-release center, ISP, TSCTC, ICP, & the Connections Corrections Program: Offenders committed to the Department of Corrections, placed in a Community Corrections Facility/Program or ICP and being released to Probation & Parole Bureau supervision. DOC committed offenders who are in a PRC, ISP, TSCTC, CCP or ICP on February 1, 2003, will be eligible for parole only if they have had previous Montana Board of Pardons and Parole (MBOPP) action on their current sentence. If the offender had no previous MBOPP action on their current sentence, they will not be eligible for parole but may be conditionally released. After February 1, 2003 any offender admitted to a community corrections program or ICP who has been to prison on their current sentence, cannot be conditionally released and can only be paroled by MBOPP or discharged. Offenders who have at least 60 days of conduct without a severe disciplinary infraction. After February 1, 2003, DOC committed offenders admitted to community corrections programs from MASC/BASC who have not been to prison on their current sentence will not be eligible for parole, but may be conditionally released. 48 An offender who violates and is placed in prison from a community corrections facility/program will no longer be eligible for a conditional release. Offenders who have formally violated their Conditional Release and been returned to the prison will not be considered again for Conditional Release. Supervision of Offenders on Conditional Release Status Offenders placed on Conditional Release status will be supervised according to the Probation & Parole Bureau Risk Assessment Scores. The Probation & Parole Officer will follow the same procedures as outlined in P&P 60-1 Initial Sign Up to P&P Supervision and P&P 60-2 Supervision Strategies and Compliance Monitoring. All offenders will initially be placed on Level I or II status according to the guidelines outlined in P&P 60-2 Supervision Strategies and Compliance Monitoring. Offenders placed on conditional release will be subject to payment of supervision fees. Out-Of-State Travel Offenders on conditional release status may be allowed to travel out-of-state for emergencies and work only. Offenders will not be allowed to travel out-of-state for vacations, weddings, etc. All out-of-state travel will be staffed with the Regional Administrator or POII for approval. Interstate Compact Transfers for Conditional Release Offenders A conditional release offender can request to relocate to another state to reside and work provided that offender is in fact a resident within the receiving state or has immediate family that resides within the receiving state and/or has a job transfer and a visible means of support. Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. Offender Disciplinary Action/Absconding: Offenders on conditional release status, who fail to report as instructed or abscond from supervision will be arrested and provided “due process” according to MCA, 46-23-1023. Any offender, who violates conditions of his/her Conditional Release, will be subject to a disciplinary hearing. A conditional release offender who is found guilty of a disciplinary violation may be returned to a higher level of custody including prison. For offenders who fail to report as instructed or abscond supervision, officers will use the same procedures used for arresting parole absconders as outlined in P&P 100-2 Warrant to Arrest Parolees & DOC Offenders on ISP & PRC. Conditional Release Discharges If the offender is flat discharging their sentence, Montana State Prison Records will forward a Discharge Certificate to the Probation & Parole Office to provide to the offender. Officers will 49 notify the MSP Records Department of the offenders address. The Prison Records Department is required by law to notify specific people as well as victims. If the offender is discharging to a suspended sentence, the P&P Officer will sign the offender to probation conditions per policy. Additional Information and Resources Phone Numbers Connections Corrections (406) 782-6626 Crossroads Correctional Center: (406) 434-7055, ext. 7157 Dawson County Correctional Facility: (406) 377-7600 Felony DUI Program: (406) 444-7843 Interstate Unit: (406) 444-4902 Missoula Assessment and Sanction Center (MASC): (406) 258-4021; fax: (406) 258-4079 Montana Board of Pardons and Parole: (406) 846-1404; fax (406) 846-3512 www.mt.gov/bopp Montana Department of Corrections (DOC) Probation and Parole Bureau: (406) 444-9529; fax (406) 444-4920 Montana Department of Corrections (DOC): (406) 444-7461; toll-free 1-888-223-6332; fax (406) 444-4920 Montana Department of Corrections Restitution Office (for felony crimes) (406) 1-800-801-3478 Montana Department of Justice Office for Victim Services and Restorative Justice: (406) 444-2026; toll-free 1-800-498-6455; fax (406) 444-3549 Montana State Prison: Victim Information Office (406) 846-1320, ext. 220; fax (406) 846-2951 Montana Women’s Prison: (406) 247-5115; fax (406) 247-5161 Parole and Probation: Region I, Missoula (406) 549-0022; fax (406) 542-7638 Region II, Helena (406) 4444-2482; fax (406) 444-9737 Region III, Great Falls (406) 727-6061; fax (406) 761-4833 Region IV, Billings (406) 896-5400; fax (406) 896-5448 Region V, Kalispell 50 (406) 752-2575; fax (406) 755-5124 Region VI, Glendive (406) 377-4086; fax (406) 377-8404 Pine Hills Youth Correctional Facility: (406) 233-2225; fax (406) 232-7432 Riverside Youth Facility: (406) 225-4500; fax (406) 225-4511 Pre-Release Centers: (406) 444-4910; fax (406) 444-4920 Alternatives Inc. (Billings): (406) 259-9695 Great Falls Transition Center: (406) 727-0944 Helena Pre-Release: (406) 442-6572 Missoula Counseling Services: (406) 541-9200 Treasure State Correctional Training Center: (406) 848-1320 ext. 2100; fax (406) 846-2969 Victims Information Toll-free: toll free 1888-223-6332 Victim Information Notification Everyday (VINE): 1-800-456-3076 Youth Victim Information Officer: (406) 444-6409; fax (406) 444-0522 Acronyms Alpha House – Billings Prerelease Center BASC – Billings Assessment and Sanction Center for women BLISP – Billings Intensive Supervision Program Boot Camp or TSCTC – Treasure State Correctional Training Center program BOPP – Board of Pardons and Parole BOZISP – Bozeman Intensive Supervision Program BPRC – Butte Prerelease Center CCC – Crossroads Correctional Center (Shelby) CCP - Connections Corrections Program (Butte) CDC (CD) – chemical dependency counseling CJIN – Criminal Justice Information Network (not all states are a part of this system) CON – Correctional Offender Network CP&R – cognitive principles and restructuring CRT – Inmate currently in court DCCF – Dawson County Correctional Facility (Glendive) DOC – Department of Corrections ESC – On escape status GFISP – Great Falls Intensive Supervision Program GFRP – Great Falls Regional Prison 51 GFTC – Great Falls Transition Center (Prerelease) GFYTC – Great Falls Youth Transition Center HPRC – Helena Prerelease Center ICP – Intensive Challenge Program (Billings) INTER – Interstate inmate (housed in another state) IPPO- Institutional Probation and Parole Officer ISP – Intensive Supervision Program MASC – Missoula Assessment and Sanction Center for men MCE - Montana Correctional Enterprises MH – Mental health counseling/treatment MLSC – Missoula Life Skills Center or Missoula Prerelease Center MPRC (or MLSC) – Missoula Prerelease Center or Missoula Life Skills Center MSISP – Missoula Intensive Supervision Program MSP – Montana State Prison (Deer Lodge) MWP – Montana Women’s Prison (Billings) OLTC – On Leave to Custody OOS – Out of State facility OP – Order of Protection PHYCF – Pine Hills Youth Correctional Facility P&P – Probation and Parole PO – Probation or Parole Officer POP – Permanent Order of Protection PRO/POP – Permanent Restraining Order/Permanent Order of Protection RYCF – Riverside Youth Correctional Facility SOP – sex offender program (counseling/treatment) SOR/VOR – sex and/or violent offender registry START – Sanction, Treatment, Assessment, Revocation and Transition Program TRO/TOP – Temporary Restraining Order/Temporary Order of Protection TSCTC – Treasure State Correctional Training Center (Deer Lodge) or Boot Camp Tx – treatment UA – urinalysis for alcohol and/or drugs VINE – Victim Information Notification Everyday WATCh – Warm Springs Addiction Treatment for Change (Warm Springs and Glendive) WLSC – Women’s Life Skills Center (Billings) WSSH – Warm Springs State Hospital YTC - Youth Transition Center in Great Falls Glossary of Terms A Abscond: Avoiding parole or probation supervision by fleeing the area or hiding. “Abscond” differs from “escape” as the offender is not incarcerated. Acquittal: A verdict of not guilty. 52 Advocate: One who speaks for and helps someone else. A victim advocate or victim assistant is trained and dedicated to serve victims of crime, family members of victims of crime, and witnesses to crime. An advocate may be a paid employee of a government or private agency, or a volunteer. Appeal: Taking a case from a lower to a higher court for a rehearing. Offenders who have entered into a “plea agreement” cannot appeal under most circumstances, but they can request a Sentence Review hearing. Arraignment: The court appearance when a suspect is read his or her rights and is charged with a crime. The arraignment usually occurs shortly after the suspect has been arrested and served a warrant, or after a preliminary hearing. ACIS: (pronounced “Ace-is”) Adult Criminal Information System. The computer database in which the Department of Corrections keeps detailed information about all offenders who are or have been under DOC supervision. B Bail: Money or property put up by the person charged with a crime as insurance that he or she will appear in court and will not flee. Not all defendants are required to put up bail. Some are released on their own recognizance, which means the judge believes he or she will not flee. Battered Women’s Shelter: Temporary housing for domestic violence victims and their children, usually at a location that is kept secret from everyone but the victim advocates, shelter workers and police. Board of Pardons and Parole: A quasi-judicial citizen’s board composed of seven members appointed by the Governor to staggered four-year terms. The Board is part of the Executive Branch of state government and is attached to the Department of Corrections for administrative purposes only. All functions of the Board, including granting or denying paroles, rescinding paroles, revoking paroles, and recommending pardons or commutations to the Governor, are performed independently of the Department of Corrections. Bond/Bail: The document that guarantees the bail. An obligation in writing under seal, the simple form being that in which a person or corporation agrees to pay a specified sum at a specified time. C Capital Offense: An offense for which the court has imposed the death penalty. Certiorari: Usually a writ of certiorari, sometimes “writ of cert”. A request from a higher court to a lower court for the records of a case for review. 53 Classification: A systematic process of identifying an inmate’s characteristics, history and needs, and then matching the inmate with the appropriate custody level (security), supervision requirements and program recommendations. Clemency (Pardon or Commutation): Mercy or leniency. Often refers to a Governor reducing the sentence a defendant received from a judge based on a recommendation from the Board of Pardons and Parole because of particular circumstances (substitution of a lesser sentence for a greater sentence). Community Corrections: Supervisory programs as alternatives to prison. See Community Corrections listed under DOC facility/programs. Competent to stand trial (or legally competent): A decision by the court that a defendant is able to stand trial (usually following an examination by a doctor to determine his mental condition). CON: Correctional Offenders Network. A Department of Corrections Internet website that provides basic information about adults convicted of felony offenses who are, or have been, under DOC supervision. CON includes an offender’s criminal record, sentence, current custody status, prison number, physical description, and sometimes a photograph. See CON at www.cor.mt.gov. Concurrent Sentences: Two or more sentences to be served at the same time, in contrast to consecutive sentences, which are served one after another. The sentencing judge determines whether sentences run concurrently or consecutively. Conditions of Parole: When an inmate is granted parole, he/she must sign a contract agreeing to comply with certain conditions set by the Board of Pardons and Parole. The parole officer will supervise the offender’s compliance with these conditions. Failure to abide by these conditions may result in the parole being revoked and the offender being sent back to prison. Conditional Release: The release into the community of an inmate under the supervision of the Department of Corrections and subject to the Department’s rules. This release is not the same as parole. These inmates will no longer remain eligible for parole consideration during their release. Should a Conditional Release inmate violate the conditions of his/her release and be designated to the MSP/MWP, they would then become eligible for parole when prison records advises the minimum time has been served on their sentence. Consecutive Sentences: Two or more sentences to be served one after the other, in contrast to concurrent sentences, which are served at the same time. The sentencing judge determines whether sentences run concurrently or consecutively. Contested: Opposed to or objected to. Continuance: Postponement of a court proceeding to a later date. 54 Controlling Sentence: The sentence(s) handed down by a district court that requires the defendant to serve the longest period of time in prison before parole eligibility. Crime Victim: Anyone who is affected by the criminal conduct of another may be considered a crime victim. The term “primary crime victim” refers to those who are killed, injured or otherwise suffer direct loss during the commission of a crime. “Secondary crime victim” applies to survivors of a primary victim and others indirectly affected by a crime. Crime Victim Compensation Program: A Montana Department of Justice program that reimburses victims for expenses such as lost wages, medical bills, counseling and funeral expenses resulting from a crime. Criminal Trial: A judicial proceeding before a court to determine the guilt or innocence of a party charged with a crime. Verdicts are decided by juries or judges. Custody Level: The level of correctional supervision assigned to each offender to ensure public safety and institutional security. D Dead Time: The period of time between the date a parole violation warrant is issued and the date the violator is arrested on the warrant. The Board of Pardons and Parole determines whether dead time should be counted as time served. This may also include time served in another state for a crime committed by an offender while on parole. Defendant: A person charged with a crime. Defense Attorney: The lawyer who speaks for the defendant and represents his or her interest in court. Deliberate Homicide: Purposefully or knowingly causing the death of another human being. Deposition: The recording of a witness’ testimony under oath before a court reporter in a place away from the courtroom before trial. Designed Capacity: The maximum average daily inmate population of a correctional institution as established by the legislative appropriation. The maximum number of inmates a prison is designed to house. Detainer: A document that informs an offender of pending charges against him/her that must be resolved through a trial, a continuance from the court, a dismissal of the complaint or completion of court orders. Detention Center: A facility such as a county jail at which suspects or convicted offenders are detained, sometimes pending a more permanent placement such as a state prison. 55 Direct Appeal: The process by which a person convicted of a crime challenges his/her conviction and/or sentence to a higher court. In Montana, the appeals court is the Montana Supreme Court. Dirty UA: The presence of a forbidden substance such as alcohol drugs in an offender’s urinalysis (UA) Discharge: The release of an offender from custody upon completion of a prison term. Flat discharge means release without a period of supervision to follow. Discharge/ balance suspended means release with a period of supervision to follow. Discovery: The right of the defendant to know what evidence the State has against him. Discovery includes: police reports, medical records, probation reports, photographs, diagrams, recordings of witness statements and viewing of physical evidence. Disposition: The final result of the case. A term also used by the Board of Pardons and Parole for the document which outlines the decision made by the Board. Drug Testing: Urine, blood and/or body fluid testing to determine whether an individual has recently used drugs or alcohol. The testing is also referred to as UA testing or urinalysis testing. Random drug testing is often a condition of probation, parole or conditional release and is often done in Montana correctional facilities. E Electronic Monitoring: An automated system that determines whether or not an individual leaves his/her house. This system may be used to monitor offenders who are ordered to remain at home during certain times and/or for a certain period. Individuals may be allowed to leave their home for work, treatment or other approved activities. Electronic monitoring is sometimes used as a condition of pre-trial release, probation, parole or conditional release. Enjoin: To stop or cease. When the court orders someone either to do a specific act, cease an action, or prohibits them from committing a certain act. Ex Parte: Referring to motions, hearings, or orders granted on the request of and for the benefit of one party only. Expungement: A process in which a offender’s criminal conviction may be removed from the public record. F Family Court: A court that handles cases involving families and juveniles, such as divorces, adoptions and child custody. Felony: A crime more serious than a misdemeanor, such as murder, rape, arson, robbery or burglary. The punishment ranges from a minimum of one year’s imprisonment to a maximum of death. Fugitive: A person who has fled from authorities to avoid prosecution, arrest, punishment, etc. 56 G Good Time: Reduction of time served on an inmate’s sentence as determined by Montana law to determine dates of parole eligibility and discharge from custody (repealed, effective January 1997). Guardian ad litem: A guardian, often a lawyer, appointed by the court to appear in a legal action on behalf of an incompetent person or a child under age 18. Guilty Plea: When a defendant admits to the court that he committed the crime with which he is charged. H Habeas Corpus petition: A petition to ensure that the party’s imprisonment or detention is not illegal – to test the legality of an arrest or commitment. Habitual Criminal: An offender with two or more separate prior convictions. The court determines this designation. Hearing: A judicial session, usually open to the public, held for the purpose of deciding issues of fact or of law, sometimes with witnesses testifying. For the Parole Board, a hearing is the personal appearance of an inmate before the Board for release consideration, executive clemency, or revocation. Homicide: Murder that occurs during the commission of a dangerous felony by any of the participants in the dangerous felony (often limited to rape, kidnapping, robbery, burglary and arson). Hung Jury: The situation where jurors cannot all agree on a verdict. When this happens, the case may be tried all over again. I Incident Report: A police or correctional report about something that happened. Additional reports about the same event may be called Supplemental Reports or Information Reports. Indigent: An inmate who meets specific financial qualifications and cannot afford to purchase his/her basic hygiene, writing supplies or a defense against criminal charges. Inmate/Prisoner/Offender/Convict: Any adult sentenced by a State District Court to a term of confinement in a State correctional institutional or program. Persons adjudicated in youth court are referred to as youth offenders. Intensive Challenge Program: A program at Montana Women’s Prison in Billings in which offenders participate in structured and intensive psycho educational programs, work assignments and physical fitness. 57 Intensive Supervision Program: (ISP) A type of probation or parole with stricter requirements than traditional supervision. See the description of the Intensive Supervision Program listed under DOC facilities/programs. J Jail: A city or county facility designed to hold defendants awaiting trial and to incarcerate defendants convicted of misdemeanors. Jail Notification: Requests made to jails to inform victims and/or advocates of release of formerly incarcerated defendants. Judge: The person in charge of the courtroom and the trial. Jury: A group of men and women (usually 12) selected by the defense and prosecuting attorneys to witness a trial and decide whether or not the defendant is guilty. Jury Pool: A group of randomly chosen citizens from whom jurors (people on a jury) are selected. Juvenile: A person under the age of 18. Juvenile Parole Officer: An individual employed by the Department of Corrections to monitor juvenile offenders while they are on parole. Juvenile Probation Officer: An individual employed by the Montana Supreme Court to monitor juvenile offenders while they are on probation. K Kite: A request from an inmate to the prison staff for a particular action or item. Knowingly: Intentionally or willingly. L Larceny: Another name for stealing or theft. M Magistrate: The judge in the first (lower) level of county court. Maximum time: Those sentences or terms that invoke the 17 ? - year eligibility rules (eliminated by the 1995 Legislature). Misdemeanor: A crime less serious than a felony. In Montana, a misdemeanor is a crime for which the sentence can be imprisonment in a county jail and/or a fine, or imprisonment in a state prison for one year or less. 58 Mitigated homicide: A deliberate homicide committed under the influence of mental or extreme emotional stress for which there is a reasonable explanation or excuse. N Negligent Homicide: Causing the death of another human being through negligence, such as driving under the influence of alcohol or drugs. No-contact orders: An order, whish is usually a condition of bail/bond, forbidding an offender from contacting another individual. Most law enforcement jurisdictions do not arrest an offender for violating a no-contact order, but prosecutors can request bail/bond be revoked for violations. Nol pros: The voluntary withdrawal of criminal charges by the prosecuting attorney. Not Guilty Plea: A defendant telling the court that he did not commit the crime. O Objection: An attorney telling the court that he believes someone has broken a rule of the court. Offender: Any person sentenced by a state district court to a term of confinement in a state correctional institution or program. On-Site Hearing: A preliminary administrative hearing conducted by the Department of Corrections on a parolee at the site of the alleged parole violation or arrest. Order of Protection: (OP) An order by a court for the protection of a victim, family or a witness to a crime. The order may require the removal of the defendant from a residence, require the transfer of possession of certain property, prohibit any threats, harassment, communication or contact with the victim, victim’s family or witness. Only certain categories of crime victims are eligible for an OP. The Permanent OP (POP) is generally granted at a hearing within 20 days as the second part of the OP application process after the Temporary Order of Protection (TOP) has been applied for (and granted) by a judge. The victim is the “petitioner” and the person the petitioner wants an OP against is the “respondent”. Petitioners must be “in reasonable apprehension” (or afraid of) the “respondent” and it must be detailed in the narrative of the OP. The respondent must have notice of the POP hearing and has the right to be present to dispute having the OP granted. Assistance by civil attorneys is not required but can be an option. P Pardon: See Clemency Parole: The supervised release into a community of an inmate from a correctional facility or community corrections program prior to the completion of a sentence subject to the orders of the Parole Board and the supervision of the Department. Parole release is subject to conditions set by the Montana Board of Pardons and Parole. Violation of parole conditions can result in arrest and return to prison for a revocation hearing before the Board. Parole Board: see Board of Pardons and Parole. 59 Parole Certificate: The document signed by the Board Chairman and Executive Director authorizing the release from confinement to parole. The certificate lists the sentence commencement date and the parole expiration date. Parole Eligibility: The earliest possible date an offender may be released from prison to parole supervision, normally 25 percent of the term. Parole Hearing: The appearance of an offender before the Board of Pardons and Parole for release consideration. Parole Officer: An individual employed by the Department of Corrections to monitor offenders while they are on parole. Parole Revocation Hearing: The appearance of an offender before the Board of Pardons and Parole at which the Board determines if the offender has violated the conditions of his or her release. Petition: A formal, written request for a court or judge to do something. such as change or overturn a sentence. Plea: The defendant’s answer to the charge against him. If he pleads “guilty,” a trial is not necessary. He may plead guilty to a less serious charge than the one for which he was accused. If he pleads “not guilty,” the case will probably be tried in court. Plea Agreement: Also called a plea bargain. An agreement whereby the defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s plea of guilty to a lesser offense in return for a lighter sentence. Post Conviction relief: A state or federal procedure for a prisoner to request a court to vacate or correct a conviction or sentence after a direct appeal has been unsuccessful or the time for filing a direct appeal. Preliminary Hearing: A hearing before a judge to determine if a case has probable cause and should move forward to Court. The defense attorney uses this hearing to find out what evidence the State has against the defendant (see “Discovery”). Preponderance of Evidence: The evidence required in a civil (non-criminal) lawsuit for the jury or judge to decide in favor of one side or the other. Preponderance of evidence is required in a civil case and is contrasted with “beyond a reasonable doubt”, which is the more severe test of evidence to convict in a criminal trial. Youth adjudications are civil matters. Pre-Sentence Investigation: A written report prepared by a probation officer which provides background information about the defendant, the crime, and its impact on the victim(s). The judge uses this information in sentencing the defendant. 60 Pre-Trial Conference: A meeting of the victim, other witnesses and the prosecutor prior to the trial to discuss the case and ask questions. Pre-trial Disposition: When the court makes a final determination of a criminal charge before the prosecutor holds a trial, usually as the result of plea negotiations. Prisoner: Any person sentenced by a State District Court to a term of confinement in a State correctional institutional or program. Probable Cause: Evidence that would lead any reasonable person to believe that a crime was committed by the person accused. Probation: As an alternative to prison, a judge may allow an offender to serve all or a portion of his/her sentence in the community. The offender must follow rules established by the court and will be supervised by a probation officer. Probation Officer: An individual employed by the Department of Corrections to monitor offenders while they are on probation. Proceeding: An occurrence in form and manner of conducting business before a court or judicial officer (i.e. hearings, trials, conferences, etc.) Protective Custody: The temporary confinement of an inmate in a secure area separate from the general prison population to protect him or her from self-injury or real or perceived threat of harm by others. Protective Order: An order from a judge designed to make an individual doing something to stop doing something. These orders are used to protect victims from further victimization by preventing contact and correspondence by the offender. Q Quasi: Almost; like. Quash: Do away with or throw out, such as a court quashing a criminal indictment. R Reasonable Doubt: Doubt based on a good reason. If a jury has reasonable doubt that the defendant committed the crime, the jury may find him not guilty. Recess: “Time out” in a trial for lunch, overnight, the weekend, or longer. Reclassification: Any review held after an inmate’s initial classification that may result in a change in custody, assignment or facility. 61 Rescission: An action of the Board of Pardons and Parole that annuls or voids a prior release disposition. Respondent: The party or person who is required to answer a petition for a court order. Restitution: Payment by a defendant to a victim or government agency for the costs associated with the crime, investigation or prosecution. Restraining Order: An order issued by a court of appropriate jurisdiction forbidding a party from engaging in some proscribed activity. In the context of victim protection, often an order forbidding the defendant or offender to have any contact with the victim, or to act in a way contrary to the victim’s interests (often also referred to in other jurisdictions as no contact orders, or protection orders). Review: The periodic informal administrative process of considering the conduct and progress of an inmate/prisoner to determine if reappearance or parole is desirable. Revocation: The act of the Board of Pardons and Parole in ending a parole because of a violation of one or more conditions of parole. The Board may return the violator to a correctional facility, a community corrections program, or re-parole the offender. Revocation may also be the act of withdrawing (taking back) of bond when the defendant fails to obey the requirements of bond. Revocation Arrest: When a parolee has allegedly violated a condition of his release, a warrant may be issued for the parolee’s arrest. S Segregation: The removal of an inmate from general population to confinement in a secure area to maintain order and security within the institution. Sentence: A penalty imposed by a particular District Court for a specific felony offense. Sentence Reduction: A process in which the court retains authority over an offender and may at a later time reduce the sentence that was originally imposed. Sentence Reductions may occur for offenders completing the boot camp programs (Intensive Challenge Program) (Treasure State Correctional Training Center) and Warm Springs Addictions Treatment and Change program (WATCh). Sentence Review: A process overseen by the Citizen Review Board of the Supreme Court by which 3 District Court judges, upon inmate request, will review the appropriateness of an inmate’s sentence. The sentence may remain unchanged, be reduced or be increased. Crime victims can only speak at the Sentence Review if they have spoken at the Sentencing. Sequestration: The act of a judge issuing an order that a witness or jury be kept apart from outside contacts during a trial. 62 Show Cause, Order to: A judge’s written order that a party appear in court on a certain date and give reasons (show cause) why a particular order should not be made. Special Management: Because of an identified need for the special management of an inmate (such as threats to the security of the institution, other inmates or himself/herself; specialized programming needs; or medical treatment), an inmate may be placed in segregated confinement or mental health/medical units or programs. Subpoena: A court order for someone to appear in court. Suit: Complaint or petition asking for a legal decision or judgment, often called a “lawsuit”. T Temporary Order of Protection (TOP): First of two-part process in “petitioning” for an Order of Protection (OP). Term: The total period of time for which an inmate was ordered to serve in a State correctional institution or program. Testimony: The facts as stated by a witness. To give testimony is to “testify”. Trial: The presentation of the facts of a case in court before a judge (bench trial) or a judge and jury (jury trail), ending with a decision about the defendant’s guilt. U Urinalysis or UA: The most common test to determine if someone is using alcohol or illegal drugs. A “dirty” UA indicates the urine contains alcohol or illegal drugs. V Vacate: When a judge sets aside an order or judgment, which he/she finds, was improper. Verdict: The decision by a judge or jury. Victim: A person who suffers loss of property, bodily injury, or death as a result of the commission of an offense, the good faith effort to prevent the commission of an offense, or the good faith effort to apprehend a person reasonably suspected of committing an offense; the estate of the deceased or incapacitated victim or a member of the immediate family of a homicide victim; a governmental entity that suffers loss of property as a result of the commission of an offense in this state; or an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss. A victim does not include a person who is accountable for the crime arising from the same transaction. Victim Assistance Program: A program in Montana to help victims obtain available services and understand the judicial and corrections process. Victim Compensation: See Crime Victims Compensation Program. 63 Victim Impact Statement: (VIS) a written form that a victim may use to explain the effects of a crime. This can be done in writing after guilt has been determined (either through verdict or plea agreement) and before the time of sentencing. A VIS can also be done orally, under oath, at the Sentencing (which subjects victims to cross-examination). Some Judges allow victims to make a statement to be made to the court without being subjected to cross-examination. It is important that victims know that they cannot testify at a Sentence Review Hearing unless they have spoken at the sentencing. Victim Information Notification Everyday (VINE): A confidential, toll-free 24-hour automated telephone service that allows victims to track the custody of Montana adult offenders in Department of Corrections secure facilities. Victim Offender Dialogue: A process where victims can speak directly to their offender about their victimization. A facilitator assists in this process. It provides the victim an opportunity to express feelings and the offender an opportunity to better understand the impact of his/her behavior. VINE: See Victim Information and Notification Everyday. W Witness: A person who has seen or knows something and therefore is qualified to give evidence concerning it. Writ: A written order issued by a court commanding someone to do or stop doing a particular act. Writ of Mandate: A court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts. X Xanthopolous building – The building at Warm Springs owned by DOC and occupied by the WATCh and Connections Corrections programs. Y Youth – Individual in the corrections system who are under age 18. Also juveniles. Z Zero-tolerance: A policy whereby a particular action by an offender, such as the use of illegal drugs, will not be tolerated at any level, and will result in immediate sanctions, such as probation or parole revocation. 64