46-23-107. Repealed. Sec. 12, Ch. 559, L. 2003.
Montana Code Annotated
Mont. Code Ann. § 46-23-107 (2026)
Repealed
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY
Part 1. General Provisions -- Board of Pardons and Parole
Repealed
History: En. Sec. 4, Ch. 153, L. 1955; amd. Sec. 42, Ch. 93, L. 1969; Sec. 94-9824, R.C.M. 1947; redes. 95-3206 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 83, Ch. 120, L. 1974; amd. Sec. 6, Ch. 333, L. 1975; amd. Sec. 59, Ch. 184, L. 1977; R.C.M. 1947, 95-3206(1); amd. Sec. 1, Ch. 188, L. 1989.
Notes of Decisions
Cited in 4
cases, 1987–2001 · leading case: Bd. of Pardons v. Allen, 482 U.S. 369 (1987).
Bd. of Pardons v. Allen, 482 U.S. 369 (1987). “The new statute made release mandatory upon certain findings and specified its purpose in its title: "An Act Creating a Board of Pardons and Prescribing the Appointment and Composition Thereof, With Power and Duty to Grant Paroles, *381 Within Restrictions .”
Christofferson v. State, 901 P.2d 588 (Mont. 1995). “Section 46-23-107, MCA. The decision of the Board of Pardons is therefore not subject to consideration in this action for post-conviction relief, at either the District Court level or by this Court.”
Haney v. Mahoney, 2001 MT 201, 32 P.3d 1254. “Finally, respondents contended that pursuant to § 46-23-104(4), the Board was authorized to delegate Haney's interview to a hearings officer and that it satisfied its statutory obligation imposed pursuant to § 46-23-107 when the final decision was made by a majority of the Board…”
West v. Mahoney, 2001 MT 82, 22 P.3d 201. “Section 46-23-107, MCA (1981), requires that "decisions of the Board shall be by majority vote.”
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