Criminal Justice (Corrections)

This bill modifies Montana's criminal laws to allow strip searches for individuals who will be held in a jail or correctional facility for more than 12 hours. Currently, strip searches generally require reasonable suspicion that a person is concealing a weapon, contraband, or evidence, but this change creates an exception for those facing extended detention. The amendment applies to all persons arrested or detained for traffic offenses or non-felony crimes who meet the 12-hour housing threshold. Law enforcement officers would be authorized to conduct these searches without needing to demonstrate specific suspicion under the new provision.

SB 164 amends Montana's endangering the welfare of children law to prohibit specific medical treatments for children under 16. The bill bans surgical procedures, puberty blockers, and hormone therapies (like estrogen or testosterone) when used to alter a child's appearance or affirm a gender identity inconsistent with their biological sex. Violating this prohibition is classified as a felony, carrying up to five years in prison and a $10,000 fine, with harsher penalties if the child suffers serious injury. The law would take effect on January 1, 2026, directly affecting medical providers, caregivers, and children under 16 who might receive these treatments.

HB 82 creates a new criminal offense called "grooming of a child for a sexual offense," defined as using communication (in-person or electronic) to manipulate a child into sexual activity, coerce meetings, distribute explicit material, or exploit authority to build a secret relationship. The bill revises existing laws to include computer-generated child pornography in sexual abuse charges and increases penalties for crimes against children, such as mandatory 100-year prison sentences for offenders targeting children under 12. It directly affects individuals who engage in grooming or sexual exploitation of minors, requiring severe punishments including fines up to $50,000 and mandatory sex offender treatment. The law updates legal definitions to address modern tactics like online interactions while strengthening protections for children under 16.

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.

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.