This bill, HB 540, aims to revise the powers of the Department of Corrections (DOC) by allowing it to contract with private corporations to establish and maintain certain facilities and programs. Specifically, it amends existing law regarding who the DOC can contract with for services like prerelease and treatment centers, residential methamphetamine treatment programs, and residential sexual offender treatment programs. While existing law already allows contracting with private,
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.
House Joint Resolution 1 (HJ 1) is a resolution from the Montana Legislature urging the United States Congress to fully fund public safety and law enforcement agencies and programs within Montana's Indian reservations. It also calls on the U.S. Department of Justice to collaborate with the Department of the Interior and consult with tribal governments to improve the administration and funding of tribal justice systems, including courts and victim services. The resolution further invites Montana's tribal governments and requests the Governor to send supporting communications to Congress, which the Montana Secretary of State will then compile and forward.
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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.
HB 75 revises Montana's public safety officer certification standards by requiring appointing authorities (like police departments) to ensure officers complete minimum training within one year of hire. It clarifies that officers must take discipline-specific basic courses if no equivalent course exists, and provides exceptions for military duty (pausing the deadline during service) or valid reasons like illness or course access issues. The bill allows up to 180 days for training extensions, considering factors such as family emergencies or staffing shortages. These changes apply broadly to all public safety officers, including those in specialized roles, and aim to standardize certification requirements across disciplines.
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 707 requires the Department of Corrections to consider an inmate's attachment to family when making placements or transfers to correctional institutions located outside of the state. This aims to allow inmates to maintain connections with their families, affecting those in state prisons who are moved out-of-state. The bill mandates the department to assess the inmate's ability to maintain these attachments during such placements. It also integrates this new requirement into existing law governing contracts for inmate confinement, particularly when dealing with excessive inmate populations or a lack of adequate state facilities.
SB 312 removes time limits for victims to file lawsuits related to childhood sexual abuse in Montana. It allows victims to sue until age 27 or within 3 years of discovering the abuse, whichever comes later. The bill also creates new pathways to revive expired claims if the abuser admitted guilt (in writing, court, or plea) or if an organization knew about past abuse by its staff but failed to act. This directly affects survivors of childhood sexual abuse and entities like schools or religious groups that may have neglected to prevent abuse.
HB 102 revises the laws governing the Office of State Public Defender, affecting its organizational structure and operations. It establishes a distinction between "conflict" and "nonconflict" regional public defender offices and updates the duties of various division administrators. Key provisions include new responsibilities for administrators in developing strategic plans, managing caseloads, and establishing policies for assigning cases based on experience and complexity, including capital cases. The bill also modifies the Central Services Division's role to include managing contracted services and agency training efforts. These changes aim to clarify how public defense services are delivered to indigent clients.
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.
