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Panel hears work-group-backed changes to supervision condition process aimed at reducing revocations

Senate Judiciary Committee
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Summary

A DOC-backed working-session presentation on SB 70 outlined a streamlined process for probation/parole officers to seek removal of obsolete supervision conditions and argued that fewer blanket conditions would let officers focus on higher-risk individuals, improving public safety.

At a working session, Caitlin Flood of the Crime and Justice Institute and John Schaffer (quality assurance manager for probation and parole, Montana Department of Corrections) outlined the rationale and mechanics behind SB 70, a bill to streamline modification of supervision conditions.

Flood said Montana supervisees average roughly 30 supervision conditions, compared with a national average of 17, and that many conditions remain in place long after they are helpful. SB 70 would allow an officer to notify the sentencing court and county attorney when they intend to remove a condition; if no party objects within 14 days, the condition would be removed without a hearing. If any party objects, the court would hold a hearing.

Schaffer described the work-group process that produced the language: a multidisciplinary group of 21 regular members (probation and parole staff, CJOC members, county attorneys, judges, defense attorneys and the Citizens Advisory Council) met from November 2023 through June 2024 and presented language to the Criminal Justice Oversight Council, which unanimously supported it.

Committee members asked whether victims were represented and how victims would be notified. Flood said victims or survivors were not directly on the work group, though justice-involved participants (Citizens Advisory Council) contributed perspective; she explained county attorneys would determine victim notification when officers notify the court and county attorney of a proposed removal.

The committee agreed to hold a full hearing on SB 70 at a later date.