HB 572 revises the Montana Correctional Enterprises (MCE) prison industries training program, which affects inmates and the operation of correctional facilities. The bill requires the program to include educational programming and allows MCE to offer vocational programs that support private market demand. It also increases the maximum value of construction projects inmates can perform to $1 million and removes the requirement for MCE to provide products and services through contracts and dealer networks.
SB 217 establishes a system for probationers and parolees to reduce their supervision period by earning "work time credit." Individuals can earn 1 day of credit for every 40-hour workweek of eligible employment, provided they comply with all supervision conditions and are current on court-ordered payments. Probationers and parolees must provide documentation of their employment for verification by their supervising officer. However, any awarded credit can be revoked if the individual violates a supervision condition or is charged with a new felony or serious misdemeanor offense. This credit system does not apply to individuals under lifetime supervision or those required to register as sexual or violent offenders.
SB 282 revises state and local government's ability to obtain and use electronic communications and data from electronic devices. The bill prohibits governmental entities from purchasing various types of electronic data, such as geolocation or sensitive data, without a search warrant or investigative subpoena. It generally requires a search warrant to obtain stored data from an electronic device or to compel disclosure of electronic communications from service providers, though exceptions exist for situations like owner consent or emergencies. Evidence obtained in violation of these provisions would be inadmissible, and collected communications must be deleted after the conclusion of criminal proceedings.
SB 30 revises laws concerning judicial conflicts of interest and recusal for judicial officers in legal proceedings. The bill specifies that the legal doctrine of the rule of necessity cannot be used by a judicial officer to avoid recusal due to a conflict of interest if other judicial officers with less significant conflicts are available to serve as substitutes. This change aims to ensure that cases are heard by judges with minimal potential conflicts, building upon existing rules for recusal based on campaign contributions.
SB 444 revises criminal procedure laws related to search warrants. It amends existing law to require law enforcement officers to show a search warrant to a known lawful occupant of a property when a search is being conducted. This change ensures that occupants present during a search are directly presented with the warrant. The bill maintains the requirement for officers to provide a copy of the warrant and a receipt for any seized property.
SB 70 revises laws related to conditions of probation and parole supervision. The bill allows a probation and parole officer to remove a condition of supervision without a formal court hearing if the sentencing court, probationer, or county attorney does not object. This change requires the Department of Corrections to notify victims when such a condition is removed. It streamlines the process for adjusting probation conditions, directly affecting individuals under supervision, probation officers, and victims.
HJ 45 is a joint resolution requesting an interim study in Montana on the impact of collateral consequences on criminal record expungement. The study will investigate challenges faced by individuals with expunged criminal records, particularly concerning employment and housing barriers due to existing laws, online information, and discrimination. It aims to review current expungement laws, analyze outcomes for individuals with expunged records, and examine practices in other states. The study will suggest specific changes to state law to address these barriers and report its findings to the 70th Legislature in the form of introduced legislation.
HB 710 revises laws related to the judiciary. It allows Supreme Court justices or District Court judges to issue subpoenas at the request of Internet Crimes Against Children task force officers for investigations into the sexual exploitation of a minor, enabling access to specific digital information. The bill also allocates the Judicial Standards Commission to the Department of Justice for administrative purposes and prohibits a judge on the commission from serving as its presiding officer. Furthermore, it establishes that a legislative act challenged as unconstitutional must be upheld by courts unless the challenger demonstrates its unconstitutionality "beyond a reasonable doubt."
HB 503 revises existing traffic laws concerning fleeing from or eluding a peace officer. It categorizes this offense into a misdemeanor, an aggravated felony, and a felony if serious bodily injury or death occurs. The bill defines aggravated fleeing to include factors such as previous convictions, reckless driving behavior, causing over $5,000 in property damage, or leaving the state. It establishes specific penalties, including varying terms of imprisonment and fines, for individuals convicted of each level of the offense.
House Bill 475 restricts the use of physical restraints on inmates known to be pregnant during labor and delivery. It generally prohibits restraints unless there are extraordinary circumstances, such as an individualized determination that the inmate is a flight risk or poses a clear threat to themselves or others. Even in these cases, leg or waist restraints are strictly prohibited. The bill also requires that any applied restraints be the least restrictive necessary and removed when the risk is mitigated or at the request of a healthcare professional.