Unofficial Draft Copy
**** As of: 10/30/2024, 08:43:46
69th Legislature 2025 Drafter: Sara Hess, **** LC 0305
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING WORK TIME CREDIT FOR PROBATIONERS
5 AND PAROLEES; REQUIRING THE PROBATIONER OR PAROLEE TO PROVIDE SUPPORTING
6 DOCUMENTATION; ESTABLISHING WHEN WORK TIME CREDIT MUST BE REVOKED; PROVIDING
7 RESTRICTIONS; AND PROVIDING DEFINITIONS.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1. Work time credit --definition -- revocation. (1) The period of a
12 probationer or parolee's supervision as imposed by the district court or the board or pardons and parole may be
13 adjusted for work time credit on the recommendation of a probation or parole officer.
14 (2) (a) Work time credit equals one day for every 40-hour work week of eligible employment that a
15 probationer or parolee completes while the probationer or parolee is:
16 (i) compliant with all the conditions imposed by the district court or the board; and
17 (ii) current on payments for court-ordered restitution or supervisory fees.
18 (b) A probationer or parolee shall provide supporting documentation to the supervising probation
19 or parole officer within 5 business days after completing 30 days of eligible employment. The supervising
20 probation or parole officer shall verify the probationer or parolee's employment through the supporting
21 documentation that is provided by the probationer or parolee and by any other means that the court, board, or
22 probation and parole officer determines is necessary to verify the work, including site visits and telephonic
23 verification. The probation or parole officer shall document any request for work time credit that is denied.
24 (3) Any work time credit awarded pursuant to this section must be revoked if the probationer or
25 parolee:
26 (a) violates any condition imposed by the district court or the board;
27 (b) is charged with a new felony offense; or
28 (c) is charged with a new misdemeanor offense for which the probationer or parolee could be
-1- LC 305
Unofficial Draft Copy
**** As of: 10/30/2024, 08:43:46
69th Legislature 2025 Drafter: Sara Hess, **** LC 0305
1 sentenced to incarceration for a period of more than 6 months.
2 (4) This section does not apply to an individual who is currently:
3 (a) on probation exclusively for a misdemeanor offense;
4 (b) subject to lifetime supervision as provided by law;
5 (c) required to register as sexual or violent offender pursuant to Title 46, chapter 23, part 5;
6 (d) subject to a proceeding under the Youth Court Act as provided for in Title 41, chapter 5.
7 (4) For the purposes of this section:
8 (a) "Eligible employment" means any occupation or combination of occupations for which a person
9 can provide supporting documentation verifying at least forty wage-earning hours in any seven-day period.
10 (b) "Supporting documentation" means an employment record, pay stub, employment letter,
11 contract, or other reliable means of verifying employment.
12
13 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
14 integral part of Title 46, chapter 23, part 10, and the provisions of Title 46, chapter 23, part 10, apply to [section
15 1].
16 - END -
-2- LC 305