Parole should be a meaningful pathway to freedom—not another barrier that keeps people incarcerated unnecessarily. Ensuring that parole remains a fair, accessible, and lawful mechanism for release is one of our priorities.
Too often, people facing parole revocation proceedings don’t know they have rights or how to advocate for themselves. That’s why we’ve created this Know Your Rights guide. We encourage you to share it with your community so that everyone navigating Montana’s parole system understands the protections they’re entitled to and can better advocate for a fair process.
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If you are accused of breaking the rules of your parole, the Board of Pardons and Parole can try to take away (“revoke”) your parole. You have important rights along the way. Here are the main ones:
Get the Alleged Violation(s) in Writing
You have the right to receive a list of your alleged violation(s) in writing. If you have not yet received this list, you can request it from your parole officer.
Have an Initial (“On-Site”) Hearing Within Five Days
If you are accused of violating the conditions of your parole, most people have the right to an initial hearing within five days of the alleged violation or arrest. At the initial hearing, the hearing officer will decide if there is probable cause – a reasonable belief that you broke a rule of your parole. You can give up this hearing only by signing a waiver and admitting to at least one violation. No initial hearing is required if you have been convicted of a new felony crime or if you are arrested in a state in which you had no permission to travel or reside.
Ask for a Lawyer
You have the right to be represented by an attorney at your own cost. If you cannot afford one, you have the right to ask for one. You are supposed to be appointed an attorney if ANY of the following are true: (1) you claim that you did not violate the conditions of your parole; (2) even if you did violate the conditions of your parole, there are good reasons that may justify the violation or make it less severe, and these reasons are complex or difficult to explain yourself; or (3) you are not able to effectively speak for yourself.
Have a Final Revocation Hearing
In addition to an initial hearing, you have the right to a final revocation hearing. At this hearing, a panel will decide if you violated the conditions of your parole “by a preponderance of the evidence” – meaning it is more likely than not that you violated your conditions. If the panel finds you did violate the conditions of your parole, they must also consider whether you had a good reason for doing so and whether your parole officer exhausted other possible interventions.
Promptly Have a Final Revocation Hearing, and Delay it for Good Reason
After your on-site hearing or conviction, you have the right to have a final revocation “promptly.” You cannot be detained in jail for an indefinite period of time without a final revocation hearing. On the other hand, if you need more time to prepare for a hearing, such as gathering evidence or rescheduling so a witness can attend, you have the right to delay your final revocation hearing to a later date for good reason.
Speak for Yourself
You have the right to tell your side of the story. You should not be interrupted or talked over.
Bring Witnesses & Evidence
You have the right to call witnesses and present evidence (photographs, video, emails, text messages, paperwork, etc.) that relate to your alleged violation. Give the Board a list of your witnesses and the evidence you wish to present at least 20 days before your hearing.
Question Witnesses Against You
You have the right to question witnesses who testify against you. The hearing panel can limit this right if they determine there is good cause to prevent you from questioning a witness testifying against you, but they must provide that reason to you.
Get Accommodations for a Disability
If you have a disability recognized under the ADA (Americans with Disabilities Act) you have the right to reasonable accommodations that allow you to participate meaningfully in the hearing. For example, someone who is deaf should have a sign-language interpreter, and someone diagnosed with a psychiatric disorder should be able to take their proper medications before the hearing.
For Compliance Violations, Have All Other Alternatives Exhausted Before You Are Sent Back to Prison
If you are found to have committed a compliance violation (breaking the rules of your parole) you have the right to have all other possible responses under the Montana incentives and interventions grid (MIIG) exhausted before you are sent back to prison. The MIIG is the range of rewards and punishments parole officers use in supervising parolees and includes incentives such as reduced check-ins and restored privileges and interventions such as increased reporting requirements, curfews, and drug treatment. If you are found to have committed a non-compliance violation (absconding entirely from parole, committing a new felony crime, stalking a victim, or possessing a firearm when you should not) your parole can be immediately revoked without exhausting the MIIG.
If you have additional questions about the parole revocation process in Montana, you can contact the Montana Innocence Project by calling us at (406) 243-6698 and leaving a voicemail and number to call back at, or by writing to us at:
Montana Innocence Project
PO Box 7607
Missoula, MT 59807