Criminal Justice (Sentencing)

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.

SB 84 revises Montana's rules for presentence investigations, which are reports courts use to inform sentencing decisions. It requires courts to order these investigations after guilty pleas or convictions for most felonies (unless a recent report exists), sets a 30-day deadline for reports, and adds specific requirements: mental health evaluations for defendants claiming mental impairment at the time of offense, and psychosexual evaluations for certain sex offense convictions. The bill directly affects courts, probation officers, and defendants, particularly those with mental health considerations or sex offense convictions. It clarifies when investigations are mandatory, streamlines reporting timelines, and ensures key evaluations are included in sentencing considerations.

HB 569 sought to revise laws related to perjury and false swearing. The bill proposed changes to the penalties for these offenses, introducing mandatory minimum jail sentences and adjusting maximum terms and fines. For perjury, the punishment would shift from state prison to county jail, while still requiring a minimum 6-month term. For false swearing, new mandatory minimums for jail time and revised fines were introduced. Additionally, the bill mandated that credible allegations of both perjury and false swearing be investigated by an agency independent of the judiciary.

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.