This bill revises laws concerning the reporting and tracking of child sexual abuse and exploitation cases. It requires county attorneys to gather all investigative materials, request assistance from the Department of Public Health and Human Services (DPHHS) to identify alleged perpetrators when needed, and certify receipt of reports. County attorneys must also report detailed case statuses, including the number of reports not prosecuted, to the Attorney General twice yearly. The Attorney General is then mandated to aggregate this information and report it to specific legislative committees, while DPHHS must advise the Attorney General on uncharged cases it believes warrant prosecution.
HB 236 aimed to allow mental health evaluations for criminal defendants, used to determine their fitness to proceed in court, to be conducted within detention centers or state prisons. It directed the Department of Public Health and Human Services to create rules for these facilities, covering aspects like defendant care, security for evaluators, and the use of remote communication for examinations. The bill also outlined which entities, such as the courts or public defender's office, would be responsible for covering the costs of these evaluations and related expenses. This would have impacted criminal defendants undergoing such evaluations and the correctional facilities hosting them.
HB 93 sought to establish a system for compensating individuals who were wrongly convicted of felony crimes and later exonerated. It would allow eligible claimants, defined as those imprisoned for felonies they did not commit, to file a civil action against the state or county of conviction. To receive compensation, claimants would need to prove their actual innocence by a preponderance of the evidence and waive other legal remedies against the state. The bill also provided for a $5,000 transition assistance grant, expungement of the conviction, and outlined how damages and legal costs would be paid, excluding compensation for crimes that are now legal.
HB 50 protects parents and pregnant women with drug use disorder by preventing child welfare investigations or custody actions solely based on positive drug test results. It amends Montana law to shield individuals seeking treatment or prenatal care from criminal charges related to drug use, and prohibits using drug test results alone to initiate child abuse cases or remove children from homes. The bill directly affects pregnant women, parents, healthcare providers, and child welfare systems by ensuring medical care access isn't penalized. Key provisions include immunity for seeking overdose help and requiring medical evaluation as the primary factor in child welfare decisions.
HB 912 proposes creating a new secure forensic facility in Montana, overseen by the Department of Public Health and Human Services. This facility would provide care, treatment, and security for up to 70 individuals involved in the legal system due to mental illness, including those needing competency restoration or forensic evaluations. The bill allocates $60 million from the Behavioral Health System for Future Generations Fund to plan, construct, and equip this facility, while also expanding the fund's uses to support new behavioral health infrastructure.
HB 621 allows local first responder entities, including police departments, sheriff's offices, fire departments, and emergency medical service providers, to establish peer support programs. These programs must have a written policy that outlines qualifications for peer supporters, defines peer support sessions, and ensures confidentiality for participants. The bill prohibits qualified peer supporters from testifying about the content of peer support sessions, with exceptions if an employee has committed or plans a crime, or indicates intent to harm themselves or others.
HB 575 revises the circumstances under which a public defender may be assigned in court proceedings. It specifically authorizes courts to assign a public defender to a parent facing involuntary termination of their parental rights. The bill also allows courts to order a public defender to serve as a member of a treatment court team. These changes expand the scope of public defender services to include these specific situations.
HB 117 establishes project priorities for the state's criminal justice data warehouse, affecting the Board of Crime Control, the Criminal Justice Oversight Council, and various state and local criminal justice agencies. It directs the Board of Crime Control to focus on tasks like creating unique identifiers to link data across agencies, acquiring specialized software for data management, and integrating more local criminal justice data. The bill also mandates regular reporting on progress to legislative committees and appropriates over $1.4 million in general funds for software, staff positions, and judicial data contributions.
HB 745 revises school laws to enhance student safety by requiring new policies and background checks. It mandates that school districts adopt a student protection policy, which includes conducting fingerprint-based national criminal history background checks. These checks are required for any individual, regardless of employment status, who may have unsupervised contact with students. The bill also requires background checks for educator licensure, and non-compliant districts must submit a correction plan to the Superintendent of Public Instruction.
SB 393 appropriates $6 million from the state's general fund for the biennium starting July 1, 2025, to reimburse expenditures related to felony criminal jurisdiction on the Flathead Indian Reservation. The funding is distributed to Lake County and the Confederated Salish and Kootenai Tribes. Initial funds are contingent upon Lake County rescinding its resolution to withdraw from Public Law 280. Further distributions require an agreement between the state, Lake County, and the Tribes addressing cost-sharing for Public Law 280 implementation within Lake County, and Lake County's ability to withdraw consent for jurisdiction is restricted until at least June 2027.