Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY · Part 2. Granting of Parole
Montana Code Annotated

Mont. Code Ann. § 46-23-201 (2026)

Prisoners Eligible For Nonmedical Parole

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 2
  5. 46-23-201 Prisoners eligible for nonmedical parole

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 2. Granting of Parole

Prisoners Eligible For Nonmedical Parole

46-23-201. Prisoners eligible for nonmedical parole. (1) Subject to the restrictions contained in subsections (2) through (4) and the parole criteria in 46-23-208, the board may release on nonmedical parole by appropriate order any person who is:

(a) confined in a state prison;

(b) sentenced to the state prison and confined in a prerelease center;

(c) sentenced to prison as an adult pursuant to 41-5-206 and confined in a correctional facility as defined in 41-5-103;

(d) sentenced to be committed to the custody of the director of the department of public health and human services as provided in 46-14-312 and confined in the Montana state hospital, the Montana developmental center, or the Montana mental health nursing care center.

(2) Persons under sentence of death, persons sentenced to the department who have been placed by the department in a state prison temporarily for assessment or sanctioning, and persons serving sentences imposed under 46-18-202(2) or 46-18-219 may not be granted a nonmedical parole.

(3) A prisoner serving a time sentence may not be paroled under this section until the prisoner has served at least one-fourth of the prisoner's full term.

(4) A prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.

(5) If a hearing panel denies parole, it may order that the prisoner serve up to 6 years if the prisoner is confined for a sexual or violent offense, as defined in 46-23-502, or up to 1 year if the prisoner is confined for any other offense before a hearing panel conducts another hearing or review.

(6) Nothing in this section prohibits the department from transferring a prisoner who is within 14 months of parole eligibility to a prerelease or treatment center for the purposes of preparing the prisoner for release into the community.

History: En. Sec. 12, Ch. 153, L. 1955; Sec. 94-9832, R.C.M. 1947; redes. 95-3214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 86, Ch. 120, L. 1974; amd. Sec. 3, Ch. 312, L. 1975; amd. Sec. 60, Ch. 184, L. 1977; amd. Sec. 3, Ch. 340, L. 1977; amd. Sec. 3, Ch. 580, L. 1977; R.C.M. 1947, 95-3214(1), (2); amd. Secs. 1, 2, Ch. 235, L. 1983; amd. Sec. 1, Ch. 451, L. 1985; amd. Sec. 2, Ch. 188, L. 1989; amd. Sec. 2, Ch. 248, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 315, L. 1991; amd. Sec. 3, Ch. 519, L. 1991; amd. Sec. 68, Ch. 10, L. 1993; amd. Sec. 4, Ch. 372, L. 1995; amd. Sec. 17, Ch. 482, L. 1995; amd. Sec. 227, Ch. 546, L. 1995; amd. Sec. 9, Ch. 189, L. 1997; amd. Sec. 7, Ch. 491, L. 1999; amd. Sec. 5, Ch. 559, L. 2003; amd. Sec. 5, Ch. 102, L. 2011; amd. Sec. 1, Ch. 176, L. 2011; amd. Sec. 5, Ch. 209, L. 2013; amd. Sec. 2, Ch. 198, L. 2015; amd. Sec. 6, Ch. 392, L. 2017; amd. Sec. 26, Ch. 339, L. 2021; amd. Sec. 1, Ch. 200, L. 2023.

Notes of Decisions
Cited in 65 cases (14 in the last 5 years), 1979–2025 · leading case: State v. Olivares-Coster, 2011 MT 196, 259 P.3d 760.
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State v. Olivares-Coster, 2011 MT 196, 259 P.3d 760. · cites it 64× “Moore's testimony was premised on § 46-23-201(4), MCA, which provides, "[a] prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.”
State v. Garrymore, 2006 MT 245, 145 P.3d 946. · cites it 20× “He seeks to demonstrate that under the penalty statute, standing alone and without the operation of § 46-18-202(2), MCA, he was entitled to a parole-eligible sentence (subject to the requirements of the parole statute, § 46-23-201, MCA), which was then taken away from him by the…”
Crump v. Lafler, 657 F.3d 393 (6th Cir. 2011). · cites it 12× “2415 (citing Mont. Code Ann. § 46-23-201 (1985)) (emphasis in original).”
Bd. of Pardons v. Allen, 482 U.S. 369 (1987). · cites it 10× “" Mont. Code Ann. § 46-23-201 (1985) (emphasis added).”
McDermott v. McDonald, 2001 MT 89, 24 P.3d 200. · cites it 10× “] Section 46-23-201, MCA (1985). The United States Supreme Court held that the mandatory language of this provision created a liberty interest in parole that is protected by the due process clause of the federal constitution.”
Sage v. Gamble, 929 P.2d 822 (Mont. 1996). · cites it 24× “We conclude that the alleged deprivation of Sage's right to due process is directly related to whether the cause of his continued incarceration is or is not illegal, and therefore it falls within the parameters of § 46-22-101, MCA.”
State v. Holt, 2011 MT 42, 249 P.3d 470. · cites it 12× “" Section 46-23-201(1), (5), MCA (emphases added).”
Gratzer v. Mahoney, 2006 MT 282, 150 P.3d 343. · cites it 20× “” See § 46-23-201(1), MCA (1981) (providing that the parole board shall release certain prisoners on parole, “except .”
Worden v. Montana Bd. of Pardons & Parole, 1998 MT 168, 962 P.2d 1157. · cites it 9× “Those Inmates who were serving sentences for crimes committed before the 1989 amendment of § 46-23-201, MCA (eligibility for parole) also claim that the Board of Pardons violated their, due process rights under the federal and Montana constitutions.”
Mcdermott v. Montana Dep't of Corr., 2001 MT 134, 29 P.3d 992. · cites it 6× “" Section 46-23-201, MCA (1985). The Supreme Court concluded that, like the Nebraska statute in Greenholtz , *997 Montana's parole eligibility statute created a presumption that parole would be granted once the substantive predicates had been fulfilled.”
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). · cites it 2× “690 (parole eligibility); Mont.Code Ann. § 46-23-201 (parole eligibility); Neb.”
Vernon Kills on Top v. State, 2000 MT 340, 15 P.3d 422. · cites it 6× “Section 46-23-201(1), MCA (1987), conditions parole on the parole board's determination that, "there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community...." Furthermore, subparagraph (2) of the same statute provides…”
Show all 65 citing cases →
Mont. Code Ann. § 46-23-201(1): 12 cases
Vernon Kills on Top v. State, 2000 MT 340, 15 P.3d 422. “Section 46-23-201(1), MCA (1987), conditions parole on the parole board's determination that, "there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community...." Furthermore, subparagraph (2) of the same statute provides…”
Crump v. Lafler, 657 F.3d 393 (6th Cir. 2011). “2415 (citing Mont. Code Ann. § 46-23-201 (1985)) (emphasis in original).”
State v. Holt, 2011 MT 42, 249 P.3d 470. “" Section 46-23-201(1), (5), MCA (emphases added).”
State v. Garrymore, 2006 MT 245, 145 P.3d 946. “He seeks to demonstrate that under the penalty statute, standing alone and without the operation of § 46-18-202(2), MCA, he was entitled to a parole-eligible sentence (subject to the requirements of the parole statute, § 46-23-201, MCA), which was then taken away from him by the…”
McDermott v. McDonald, 2001 MT 89, 24 P.3d 200. “] Section 46-23-201, MCA (1985). The United States Supreme Court held that the mandatory language of this provision created a liberty interest in parole that is protected by the due process clause of the federal constitution.”
Mont. Code Ann. § 46-23-201(1)(a): 3 cases
Sackett v. Guyer, No. OP 20-0133 (Mont. Mar. 25, 2020).
L. Sandy v. Olson, No. OP 23-0035 (Mont. Jan. 25, 2023).
L. Sandy v. Olson, No. OP 23-0034 (Mont. Jan. 25, 2023).
Mont. Code Ann. § 46-23-201(2): 10 cases
Crump v. Lafler, 657 F.3d 393 (6th Cir. 2011). “2415 (citing Mont. Code Ann. § 46-23-201 (1985)) (emphasis in original).”
State v. Holt, 2011 MT 42, 249 P.3d 470. “" Section 46-23-201(1), (5), MCA (emphases added).”
McDermott v. McDonald, 2001 MT 89, 24 P.3d 200. “] Section 46-23-201, MCA (1985). The United States Supreme Court held that the mandatory language of this provision created a liberty interest in parole that is protected by the due process clause of the federal constitution.”
State v. Garrymore, 2006 MT 245, 145 P.3d 946. “He seeks to demonstrate that under the penalty statute, standing alone and without the operation of § 46-18-202(2), MCA, he was entitled to a parole-eligible sentence (subject to the requirements of the parole statute, § 46-23-201, MCA), which was then taken away from him by the…”
State v. Krantz, 788 P.2d 298 (Mont. 1990).
Mont. Code Ann. § 46-23-201(3): 3 cases
State v. Garrymore, 2006 MT 245, 145 P.3d 946. “He seeks to demonstrate that under the penalty statute, standing alone and without the operation of § 46-18-202(2), MCA, he was entitled to a parole-eligible sentence (subject to the requirements of the parole statute, § 46-23-201, MCA), which was then taken away from him by the…”
State v. Bullplume, 2011 MT 40, 251 P.3d 114.
Segna v. Salmonsen, No. OP 22-0327 (Mont. July 12, 2022).
Mont. Code Ann. § 46-23-201(4): 3 cases
State v. Olivares-Coster, 2011 MT 196, 259 P.3d 760. “Moore's testimony was premised on § 46-23-201(4), MCA, which provides, "[a] prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.”
State v. Christopher Lewis, 2012 MT 157, 282 P.3d 679.
D. Nelson v. State, 2021 MT 61N, 481 P.3d 846.
Mont. Code Ann. § 46-23-201(5): 1 case
Grant v. Carter, No. 6:20-cv-00070 (D. Mont. Feb. 8, 2021).
Mont. Code Ann. § 46-23-201(6): 1 case
MacPheat v. Mahoney, 2000 MT 62, 997 P.2d 753.
Mont. Code Ann. § 46-23-201(a): 1 case
State v. Fisher, 620 P.2d 1215 (Mont. 1980).
Mont. Code Ann. § 46-23-201(l)(a): 3 cases
Gratzer v. Mahoney, 2006 MT 282, 150 P.3d 343. “” See § 46-23-201(1), MCA (1981) (providing that the parole board shall release certain prisoners on parole, “except .”
State v. Miller, 757 P.2d 1275 (Mont. 1988).
State v. Buckman, 768 P.2d 1361 (Mont. 1989).
Mont. Code Ann. § 46-23-201(l)(b): 1 case
Gratzer v. Mahoney, 2006 MT 282, 150 P.3d 343. “” See § 46-23-201(1), MCA (1981) (providing that the parole board shall release certain prisoners on parole, “except .”
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