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 674 proposes to update the responsibilities of Montana's Code Commissioner. It would add a new duty requiring the commissioner to recommend legislation that eliminates laws from the Montana Code that courts have found to be unconstitutional and permanently blocked from being enforced. This change aims to ensure the published code reflects only valid, enforceable statutes. It directly affects the Code Commissioner's review process and the accuracy of the official state legal code.
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 437 would have allowed health care providers in Montana to request the dismissal of criminal charges related to their professional conduct. If a provider filed such a motion, the state would be required to prove in court that the provider's actions were knowingly or purposely committed, not merely negligent, and that they were outside the accepted standards of care. If the state failed to meet this burden of proof, the court would dismiss the complaint, information, or indictment against the health care provider. The bill aimed to provide protections for health care providers.
HB 852 aimed to revise laws related to surety bail bonds, significantly expanding the authority and rights of surety bail bond insurance producers. The bill would grant producers powers to apprehend defendants, including across state lines and by force, without requiring a prior court order. It also intended to make producers formal parties in legal proceedings concerning their bonds, giving them rights to notice, participation, and the ability to file motions in court. Additionally, the bill sought to revise procedures for bail determination, forfeiture, and defendant surrender, and regulate communication methods like teletypes between jails and bond agents.
HB 709 sought to establish the crime of "human smuggling" in Montana, targeting individuals and entities who knowingly transport or harbor people who have unlawfully entered the United States without federal inspection. Individuals convicted of this crime would face penalties including imprisonment, a substantial fine, or both. Entities found guilty would lose their eligibility for certain state tax exemptions. Additionally, the bill included provisions for the criminal forfeiture of property, such as vehicles and funds, if used in or derived from the crime of human smuggling.
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.
