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Early Prison Release in Montana Worries Many
By Associated Press
Published: 11/25/2002

The Montana Corrections Department's plan to save millions by releasing certain inmates early has some legislators, judges and prosecutors worried. 
To help address what is expected to be a $250 million state budget deficit, the Department of Corrections earlier this summer began a 'conditional release' program, letting selected inmates out early to save money within the agency. 
Sen. Duane Grimes, R-Clancy, is among those who finds the program worrisome. 
'It's completely untenable to put the safety of the public at risk,' said Grimes, who is vice chairman of the Senate Judiciary Committee. 'Next session, we'll have to find more money for corrections or face more dire consequences.' 
In the past five months, about 230 inmates have been released before their sentences were completed. Most end up in prerelease centers or are placed on intensive, supervised probation. Some were paroled after a review by the state Board of Pardons and Parole. 
But the Department of Corrections released about 150 on its own authority, including more than 80 who had earlier been denied parole and 30 who were not yet eligible for parole, said Craig Thomas, director of the state parole board. 
Thomas said the parole board met last week with Bill Slaughter, director of the Department of Corrections, to discuss the conditional release program. 
'Our position is that once an offender hits the state prison, the parole board should have jurisdiction,' he said. 'So our attorneys and the department's attorneys are working on some draft legislation that will resolve the problems on dual jurisdiction.' he said. 
State law allows judges to sentence offenders either to the Montana State Prison or to the Department of Corrections 'for placement in an appropriate correctional facility or program.' 
The latter option permits an offender to be sent to a boot camp, a prerelease center or intensive supervised probation, rather than to prison. 
But as a cost-cutting measure last spring, the Corrections Advisory Council recommended the department create a new program specifically to release inmates early. 
'That's legal,' Thomas said. 'Whether it's appropriate is something the judges need to determine.' 
District Judge Julie Macek in Great Falls called the program inappropriate in some cases. 
'If we feel that prison is particularly appropriate, we'll have to specifically sentence them to (Montana State Prison),' she said. 
Cascade County Attorney Brant Light said he already has begun to specify sentences be served in prison. 
'We're asking (for prison time) for people who deserve to be in prison - not the DOC - because we want to make sure they stay in prison,' Light said. 'And I think you'll be seeing that across the board.' 



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