Montana Attorney General Opinion 15-317

Opinion No. 317 State Ptison-Wat'(len, Powers of- Prisoners, Good Behavior Allow- ance--Prison Commissioners, State Board of. HELD: The warden of the State Prison may not declare a prisoner's good behavior allowance forfeited with- out referring the matter to the State Board of Prison Commissioners. August 22, 1933. You request our opinion whether or lIot the 'Varden may declare a priS'lll- er's good behavior allowance forfeited without referring the matter to the Board of Prison Commissioners. Section 12457, R. C. M. 1921, provides as follows: "Any such convict who com- mits an assault upon his keeper, any guard, officer, or convict, or otherwise endangers life, or by any flagrant dis- rega rd of the rules of the prison, or any misdemeanor whate\'er forfeits all deductions of time earned by him for good conduct before the commission of snch offense: such forfeitnre, however. must only be made by the hoard. after due proof of the offe·ilse. and notice to the offender: nor shall such forfeiture be imposed when a party has violated any rule or rules "ithout violence or evil intent. of which the board must be the sole judges. The name of no convict who attempts to escape must be sent to the board for the commuta- tion herein provided." It is our opinion that this section places the power to declare !'nch forfeiture exclusi"yel~' in tllP hoard.