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Montana Probation Rules

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    • Montana probation rules do not permit alcohol consumption.Lara Hata/Photodisc/Getty Images

      The Montana Department of Corrections oversees both parole and probation in the state. Probationers have the opportunity to be released into the community instead of serving a prison sentence. However, the offender,or defendant, must abide by strict terms and conditions of probation. Should he fail to do so, his probation could be revoked, and he could receive enhanced sanctions or a prison term.

    Alcohol

    • The state of Montana usually prohibits probationers from drinking and even from the possession of alcohol. Many crimes are committed while the defendant is under the influence of alcohol or another mind-altering substance. Because the consumption of alcohol can result in poor decision making, the Department of Corrections does not allow alcohol consumption.

    Drugs

    • The state of Montana also prohibits defendants from using drugs of any type. If an offender needs to take prescription drugs for a valid medical reason, she must have a prescription with her name on it. Taking prescription drugs belonging to another person can result in a violation of probation. Random drug tests monitor the defendant's compliance with this rule.

    Bars

    • In the state of Montana, probationers may not enter bars. Because almost everyone in a bar is consuming alcoholic beverages, the Department of Corrections abides by the policy, "better safe than sorry," and believes that the presence of alcohol will prove to be too great of a temptation for some probationers.

    Living Restrictions

    • The defendant must live in a residence approved by the probation officer. The probation officer looks for a safe residence without other felons living there, in a drug- and alcohol-free environment. For sex offenders, strict standards apply regarding living quarters, especially the proximity of the residence to a school. Violent offenders and sex offenders must register addresses with the state.

    Firearms

    • Probationers in the state of Montana may not possess any type of deadly weapons. This includes firearms, knives, explosives or anything that could reasonably be considered a weapon.

    Fees

    • Probationers must pay monthly fees of $15 for the privilege of being on probation. These fees provide training and equipment to both probation and parole officers. The defendant must also pay restitution if so indicated.

    Search Warrants

    • The state of Montana does not require probation officers to procure a search warrant if they reasonably suspect that an offender has violated one of the terms of her probation.

    Intensive Probation

    • Intensive supervision probation (ISP) mandates that offenders follow a strict schedule 24 hours a day, 7 days a week. This enhanced supervision is usually granted to defendants who have committed more serious or violent offenses or those who have previously been on probation. ISP may require probationers to wear an electronic monitoring device, which ensures offender compliance with the curfew terms. The offender may only leave his home for work, treatment or to complete community supervision.

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