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

Mont. Code Ann. § 46-23-216 (2026)

Duration Of Parole

✓ laws through the 2025 session (checked Sept. 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 2
  5. 46-23-216 Duration of parole

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 2. Granting of Parole

Duration Of Parole

46-23-216. Duration of parole. (1) A prisoner on parole is considered released on parole until the expiration of the maximum term or terms for which the prisoner was sentenced.

(2) The period served on parole must be considered service of the term of imprisonment, and subject to the provisions contained in 46-23-1023 through 46-23-1026 relating to a prisoner who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. When a prisoner on parole has performed the obligations of the release, the board shall make a final order or discharge and issue a certificate of discharge to the prisoner.

History: (1)En. Sec. 13, Ch. 153, L. 1955; Sec. 94-9833, R.C.M. 1947; redes. 95-3215 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 87, Ch. 120, L. 1974; amd. Sec. 4, Ch. 312, L. 1975; amd. Sec. 61, Ch. 184, L. 1977; amd. Sec. 4, Ch. 340, L. 1977; Sec. 95-3215, R.C.M. 1947, 95-3215; (2)En. Sec. 20, Ch. 153, L. 1955; Sec. 94-9840, R.C.M. 1947; redes. 95-3222 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3222, R.C.M. 1947; R.C.M. 1947, 95-3215, 95-3222; amd. Secs. 6, 7, Ch. 372, L. 1995; amd. Sec. 8, Ch. 559, L. 2003.

Notes of Decisions
Cited in 6 cases, 1981–2013 · leading case: State v. Nichols, 720 P.2d 1157 (Mont. 1986).
Sort: Relevance Newest Treatment
State v. Nichols, 720 P.2d 1157 (Mont. 1986). · cites it 6× “Whenever the sentence and judgment does not contain such a determination, the offender is considered to have been designated as a nondangerous offender for purposes of eligibility of parole.” The practical effect of a dangerous offender designation is to deny the defendant…”
Crist v. Segna, 622 P.2d 1028 (Mont. 1981). · cites it 3× “The provisions of these sections can only be given meaningful, harmonious effect if construed literally according to their plain meanings. This conclusion is buttressed by the manifest legislative intent underlying the passage of Chapter 199, Laws of 1965.”
State v. MacGregor, 2013 MT 297, 311 P.3d 428. · cites it 2× “3d 66 ; §46-23-216, MCA, (‘The period served on parole must be considered service of the term of imprisonment.”
Gratzer v. Mahoney, 2006 MT 282, 150 P.3d 343. · cites it 2× “, § 46-23-103(4), MCA (1981), and § 46-23-1001(3), MCA (1981) (defining “parole” as “release to the community of a prisoner by the decision of the board prior to the expiration of his term,” and thereby indicating that if a prisoner serving a life sentence may be released on…”
Christofferson v. State, 901 P.2d 588 (Mont. 1995). · cites it 3× “Section 46-23-216(2), MCA. It was up to the Board of Pardons, not the District Court, to determine when the parole time had been completed on the non-suspended portion of CMistofferson’s sentence.”
State v. MacGregor, 2013 MT 297. “3d 66 ; § 46-23-216, MCA, (“The period served on parole must be considered service of the term of imprisonment .”
Mont. Code Ann. § 46-23-216(1): 1 case
Crist v. Segna, 622 P.2d 1028 (Mont. 1981). “The provisions of these sections can only be given meaningful, harmonious effect if construed literally according to their plain meanings. This conclusion is buttressed by the manifest legislative intent underlying the passage of Chapter 199, Laws of 1965.”
Mont. Code Ann. § 46-23-216(2): 2 cases
Gratzer v. Mahoney, 2006 MT 282, 150 P.3d 343. “, § 46-23-103(4), MCA (1981), and § 46-23-1001(3), MCA (1981) (defining “parole” as “release to the community of a prisoner by the decision of the board prior to the expiration of his term,” and thereby indicating that if a prisoner serving a life sentence may be released on…”
Christofferson v. State, 901 P.2d 588 (Mont. 1995). “Section 46-23-216(2), MCA. It was up to the Board of Pardons, not the District Court, to determine when the parole time had been completed on the non-suspended portion of CMistofferson’s sentence.”
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.