Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY · Part 10. Supervision of Probationers and Parolees
Montana Code Annotated

Mont. Code Ann. § 46-23-1015 (2026)

Informal Probation Violation Intervention Hearing

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 10
  5. 46-23-1015 Informal probation violation intervention hearing

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 10. Supervision of Probationers and Parolees

Informal Probation Violation Intervention Hearing

46-23-1015. Informal probation violation intervention hearing. (1) A probation and parole officer who reasonably believes that a probationer has violated a condition of probation shall consult the incentives and interventions grid adopted under 46-23-1028 to determine an appropriate response and may initiate an informal probation violation intervention hearing to gain the probationer's compliance with the conditions of probation without a formal revocation hearing under 46-18-203.

(2) A hearings officer designated by the department shall conduct the intervention hearing.

(3) If the hearings officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearings officer shall consult the incentives and interventions grid and determine an appropriate response, including whether to:

(a) order the probationer to serve, or receive credit for serving, up to 30 days in detention;

(b) recommend electronic monitoring or day reporting for up to a 90-day period;

(c) recommend placement in a community corrections facility or program for up to a 90-day period, including but not limited to placement in a prerelease center, sanction or hold bed, transitional living program, enhanced supervision program, relapse intervention bed, chemical dependency treatment, or 24/7 sobriety program; or

(d) direct the probation and parole officer to initiate a petition for revocation under 46-18-203, if the violation is not a compliance violation or if it is a compliance violation and appropriate responses under the incentives and interventions grid have been exhausted.

(4) If the hearings officer recommends a response under subsection (3)(b), the hearings officer shall notify the probationer of the recommendation and of the probationer's right to instead have the matter referred by petition for a revocation hearing under 46-18-203.

(5) The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this section.

(6) All sanction and placement decisions must be documented in the offender's file.

History: En. Sec. 6, Ch. 493, L. 2001; amd. Sec. 4, Ch. 517, L. 2005; amd. Sec. 13, Ch. 390, L. 2017; amd. Sec. 4, Ch. 391, L. 2017.

Notes of Decisions
Cited in 14 cases (8 in the last 5 years), 2008–2025 · leading case: McDaniel v. State, 2009 MT 159 (Mont. 2009).
Sort: Relevance Newest Treatment
McDaniel v. State, 2009 MT 159 (Mont. 2009). · cites it 24× “But rather than file a report of violation with the Flathead County Attorney's Office, McDaniel's probation officer elected instead to initiate an intervention hearing under § 46-23-1015, MCA. That provision states that "[a] probation and parole officer who reasonably believes…”
State v. Martinez, 2008 MT 233 (Mont. 2008). · cites it 7× “¶6 On March 3,2006, an intervention hearing was held based on his traffic citations, per § 46-23-1015, MCA. Under this statute, a probation officer “who reasonably believes that a probationer has violated a probation condition, may initiate an informal probation violation…”
State v. Maynard, 2010 MT 115 (Mont. 2010). · cites it 6× “Likewise, a probation officer may initiate an intervention hearing without first arresting the probationer pursuant to § 46-23-1015, MCA. ¶21 In Martinez we essentially equated option (c) under § 46-23-1012(3), MCA-allowing a probation officer to “arrange for the probationer to…”
State v. Haagenson, 2010 MT 95 (Mont. 2010). · cites it 4× “If the probationer is detained and bond is set, then the probation and parole officer must file a report of violation and the court may proceed thereafter with revocation of probation.”
Obert v. State, 2024 MT 270 (Mont. 2024). · cites it 5× “” Section 46-23-1015(1), MCA (2001). Within the framework of the “informal .”
State v. Kebble, 2015 MT 195 (Mont. 2015). · cites it 4× “As a result of the failed test, Kebble’s probation officer sought an administrative intervention hearing pursuant to § 46-23-1015, MCA. On June 22, 2004, following the intervention hearing, Kebble, his probation officer, and the administrative hearings officer entered into a…”
Lee v. State of Montana (Mont. 2021). · cites it 6× “Section 46-23-1015, MCA (2017 Mont. Laws ch.”
State v. Powell, 2025 MT 218 (Mont. 2025). · cites it 5× “” Section 46-23-1028(1)(e), MCA; see also § 46-23-1015, MCA (use of discretionary informal intervention hearing to “gain the probationer’s compliance”).”
T. Walker v. DPHHS & Bragg (Mont. 2024). · cites it 3× “In this Report, the Probation and Parole Officer noted that Walker had absconded, thereby committing a non-compliance violation as a probationer.”
Boyd v. Anderson (Mont. 2021). · cites it 2× “One of two bail statutes may control here. See § 46-23-1015(5), MCA ("[t]he provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this…”
Bokma v. Olsen (Mont. 2024). · cites it 2× “First, was Bokma originally sentenced under § 61-8-741, MCA? Second, how does the repeal of this statute affect elapsed time credit? Lastly, is Bokma entitled to the application of the Montana Incentives and Interventions Grid (MIIG) prior to revocation? See §46-23-1015, MCA. We…”
Bokma v. Olsen, 2025 MT 37 (Mont. 2025). · cites it 2× “We requested the State address the following issues in its response: (1) whether Bokma was originally sentenced under § 61-8-741, MCA; (2) how does the repeal of this statute affect elapsed time credit; and (3) whether Bokma is entitled to the application of the Montana…”
Show all 14 citing cases →
Mont. Code Ann. § 46-23-1015(1): 5 cases
McDaniel v. State, 2009 MT 159 (Mont. 2009). “But rather than file a report of violation with the Flathead County Attorney's Office, McDaniel's probation officer elected instead to initiate an intervention hearing under § 46-23-1015, MCA. That provision states that "[a] probation and parole officer who reasonably believes…”
State v. Martinez, 2008 MT 233 (Mont. 2008). “¶6 On March 3,2006, an intervention hearing was held based on his traffic citations, per § 46-23-1015, MCA. Under this statute, a probation officer “who reasonably believes that a probationer has violated a probation condition, may initiate an informal probation violation…”
State v. Maynard, 2010 MT 115 (Mont. 2010). “Likewise, a probation officer may initiate an intervention hearing without first arresting the probationer pursuant to § 46-23-1015, MCA. ¶21 In Martinez we essentially equated option (c) under § 46-23-1012(3), MCA-allowing a probation officer to “arrange for the probationer to…”
Obert v. State, 2024 MT 270 (Mont. 2024). “” Section 46-23-1015(1), MCA (2001). Within the framework of the “informal .”
State v. Powell, 2025 MT 218 (Mont. 2025). “” Section 46-23-1028(1)(e), MCA; see also § 46-23-1015, MCA (use of discretionary informal intervention hearing to “gain the probationer’s compliance”).”
Mont. Code Ann. § 46-23-1015(2): 2 cases
McDaniel v. State, 2009 MT 159 (Mont. 2009). “But rather than file a report of violation with the Flathead County Attorney's Office, McDaniel's probation officer elected instead to initiate an intervention hearing under § 46-23-1015, MCA. That provision states that "[a] probation and parole officer who reasonably believes…”
State v. Martinez, 2008 MT 233 (Mont. 2008). “¶6 On March 3,2006, an intervention hearing was held based on his traffic citations, per § 46-23-1015, MCA. Under this statute, a probation officer “who reasonably believes that a probationer has violated a probation condition, may initiate an informal probation violation…”
Mont. Code Ann. § 46-23-1015(3): 2 cases
Obert v. State, 2024 MT 270 (Mont. 2024). “” Section 46-23-1015(1), MCA (2001). Within the framework of the “informal .”
Lee v. State of Montana (Mont. 2021). “Section 46-23-1015, MCA (2017 Mont. Laws ch.”
Mont. Code Ann. § 46-23-1015(5): 2 cases
T. Walker v. DPHHS & Bragg (Mont. 2024). “In this Report, the Probation and Parole Officer noted that Walker had absconded, thereby committing a non-compliance violation as a probationer.”
Boyd v. Anderson (Mont. 2021). “One of two bail statutes may control here. See § 46-23-1015(5), MCA ("[t]he provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.