HB 605 proposed revisions to criminal laws concerning strip searches for individuals entering correctional facilities. The bill would have allowed a person to be subjected to a strip search if they were to be housed in a jail or correctional facility for more than 12 hours. This provision would have created an exception to the existing requirement that individuals arrested for traffic or non-felony offenses can only be strip-searched if there is reasonable suspicion they are concealing a weapon, contraband, or evidence. The change would have permitted strip searches based on the anticipated length of detention, regardless of the initial offense type or specific suspicion for the search.
HB 582 revises laws related to criminal sentencing in Montana. It allows district courts to deny credit for elapsed time in certain revocation proceedings involving multiple violations. The bill also clarifies that offenders are eligible for credit for time served before sentencing, provided the custody is attributable to proceedings for the same conduct for which they were convicted. Additionally, it adjusts the maximum periods for suspended sentences and community supervision for various felony offenses, including specific limits for sexual, violent, and drug offenders. These changes affect individuals convicted of crimes and the judicial process for imposing sentences.
HB 718 establishes an Office of Reentry Services within the Montana Department of Labor and Industry. This office is tasked with coordinating supportive services for individuals preparing to exit or exiting incarceration and reentering communities. Its purpose is to facilitate access to programs like job training, job placement, education, housing assistance, transportation, food security, and behavioral health services. The office will collaborate with various state agencies, companies, and stakeholder organizations to achieve these goals. It also requires the department to submit regular reports to legislative committees detailing the services provided, their cost, and the number of individuals served.
SB 296, known as "Alan's Law," establishes an enhanced penalty for individuals who commit offenses against vulnerable persons while employed or volunteering in a caregiving facility. If found guilty of a misdemeanor or felony offense, offenders face an additional prison sentence of 1 to 10 years. This additional sentence runs consecutively to the original punishment and generally cannot be deferred or suspended. The bill defines "caregiving facilities" broadly to include various health, youth, and educational settings, and "vulnerable persons" as children, vulnerable adults, or incapacitated individuals.
SB 300 provides new legal protections for service animals and their handlers. The bill establishes specific offenses for harassing, harming, or taking unauthorized control of a service animal. Individuals convicted of these offenses face misdemeanor penalties and are required to pay full restitution for all related damages and expenses incurred by the handler. Additionally, it amends existing state laws to include service animals in definitions related to vicious dogs and owner liability for dog bites.
SB 19 revises sentencing laws for several offenses, including theft, failure to return rented or leased personal property, issuing bad checks, deceptive practices, forgery, and identity theft. The bill directly affects individuals charged with these crimes by modifying the legal framework for their penalties. A key provision of the bill is raising the monetary thresholds that determine the severity of penalties for these offenses. It also revises the definition of "common scheme" within the state's legal code.
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 508 revises Montana's driving under the influence (DUI) laws concerning tetrahydrocannabinol (THC) for younger drivers. This bill establishes that for individuals under 21 years of age, having any detectable amount of THC in their system constitutes a DUI offense. This means there is no specific THC concentration threshold for drivers under 21, unlike the 5 ng/ml limit for adult drivers. The change applies to any amount of THC, excluding inactive metabolites, found in a driver under 21.