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Azure v. Redmann

Supreme Court of Montana

February 6, 2014

LOWELL JAMES AZURE, Petitioner,
v.
DONALD REDMANN, Respondent.

ORDER

Appearing Pro se, Lowell James Azure has filed a petition for a writ of habeas corpus. Having reviewed the petition, we deem it appropriate to require a response to the petition.

Good cause having been shown,

IT IS ORDERED that the Department of Corrections and/or Board of Pardons and Parole is granted 30 days from the date of this Order within which to prepare, file and serve a written response to the petition, with documentary exhibits and a legal memorandum. The response shall specifically address the conundrum Azure faces: The Board requires him to complete sex offender treatment phases I and II, which are unavailable where Azure is housed in the James River Correctional Center in Jamestown, North Dakota; however, such services would be available and funded in Minot, North Dakota, if Azure were released on parole. We further observe that Michael D. Sullivan, MSW, and Director of the South Center Treatment Associates in Billings, has indicated that as a compulsive individual, Azure would likely "rigorously adhere to rules and structure" and "comply with conditions of supervision and treatment." In light of these facts, we invite the Board to explain how Azure could possibly receive the treatment it requires of him in his present situation, and why the denial of parole for outpatient SOP under these circumstances is appropriate.

The Clerk is directed to provide a copy of this Order to counsel of record and to Lowell James Azure.


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