Montana State Legislature

Agenda (Updated 9/6/2024)

Additional materials and provisional drafts will be added as they come available.

Meeting Overview/Administrative Matters

• Agency Bill Draft Proposal Overview
• Required Reports Status Sheet (as of 9/6/24)
• Work Plan Timeline
• Legislation List

Administrative Rule Review

• Memo - LSD Staff

Criminal Justice Data Warehouse Updated (SB 11)

• Integrated Justice Data Warehouse Handout
• CJOC Final Report (Adopted by CJOC on 9/9/2024)

Report of the Select Committee on Corrections Capacity (HB 5)

• HB 5 DRAFT Report (not yet adopted by HB 5 committee)

Agency Bill Draft Proposal - POST Council

• POST Proposal Handout

Montana DUI Statute and Marijuana

• 61-80-1002, MCA
• Brief on Marijuana Impaired Driving - NCSL

Artificial Intelligence

• AI Legislation Presentation - NCSL
• AI Presentation - Department of Justice

Agency Bill Draft Proposal - DOC

• Presentation
• Proposed Bill Language

Provisional Drafts

• PD 7: Revise laws related to tampering with evidence connected to a homicide (New draft)
• PD 9: Enhance penalties for drug crimes committed with a firearm (New draft)
• PD 10: Establish crime of possession of a stolen firearm (New draft)
• PD 1: Allow audio and video recording of public events
• PD 2: Revise theft sentencing laws
• PD 3: Establish compensation for wrongful conviction
• PD 4: Establish compensation for wrongful conviction (No changes since July meeting)
• Wrongful conviction draft comparison chart
• PD 5: Restrict REAL-ID Eligibility to U.S. Citizens (New draft)
• PD 6: Require a Citizenship Marker on Driver's Licenses and Identification Cards (New draft)
• PD 8: Disapproval of Montana Supreme Court Rules (New draft)

Committee Work Session

• HB 697 DRAFT Final Report w/ recommendations
• SJ 31 DRAFT Final Report w/ optional recommendations
• Judicial Branch bill draft proposal (from July meeting)
• Proposed Legislation - OPD

Public Comment

• Public Comment
• Comments from the State Bar of Montana Re: PD 8

Agenda

Meeting Overview/Administrative Matters

• Draft LJIC proposed work plan timeline
• Agency bill draft proposal overview
• Legislation List
• Agency Reports
  • BOPP Status Report on Parole Guidelines
  • POST Council Quarterly Investigations Report
  • DPHHS Report of Referrals re: Abuse and Exploitation
  • DOC Report on Offenders Under Supervision

Judicial Branch Bill Draft Proposal

• Proposal Handout

Judicial Rules

• Supreme Court rules spreadsheet – Sara Hess, LSD

Parental Alienation Syndrome: Citizen Panel

• Model Code on Domestic and Family Violence (2022) – National Council of Juvenile and Family Court Judges
• What is Parental Alienation Syndrome? - Sara Hess, LSD
• Key Concepts in Family Law - Sara Hess, LSD
• Brody's Law Packet - Provided by Panel

Provisional Drafts

• PD002 (Theft Sentencing)
• PD003 (Compensation for Wrongfully Convicted, Version 1)
• PD004 (Compensation for Wrongfully Convicted, Version 2)
• Compensation for Wrongfully Convicted Draft Comparison Chart

Real ID

• Montana Real ID Checklist –DOJ, Motor Vehicle Division 

Engage Together: Human Trafficking Response

• Engage Together / Justice U Overview
• Engage Together Presentation Slides

Administrative Rule Review

• Memo - Julianne Burkhardt, LSD

Other Documents

• HB 697 DRAFT Final Report
• SJ 31 DRAFT Final Report
• Commitments Work Group DRAFT Final Report

Agenda

Additional materials will be added as they become available.

Meeting Overview/Administrative Matters

• Draft LJIC proposed work plan timeline

Agency Oversight

• Required Reports:
  • Department of Justice – 2024 Qui Tam Report (17-8-416, MCA)
  • Supreme Court Administrator – Open civil cases report (3-1-713, MCA)
  • POST Council – Quarterly investigations report (44-4-408, MCA)
  • Department of Corrections – County jail report (HB 693, 2021)

Update from HB 5 Select Committee on Corrections Capacity

• HB 5 Select Committee Project Status Update
• Corrections Facility Capacity & System Development
• Adult Prison Offender Populations
• Adult Female Prison Population Growth Review

Draft Final Reports

(The committee may request amendments or take further action) 

• HB 697 DRAFT final report
• SJ 31 DRAFT final report
  • ABA Memo requesting comment on remote learning
  • Comment from State Bar of Montana

Parental Alienation Syndrome 

• Key Concepts in Montana Family Law
• What is Parental Alienation Syndrome? – Sara Hess, Research Analyst, Legislative Services Division (LSD)
• Parental Alienation in state statutes – National Conference of State Legislatures
• SB 250 (2023)

Civil and Forensic Commitments

• Work group DRAFT report - Julianne Burkhardt, Staff Attorney, LSD

Review of Inmate Welfare Fund Audit

• IWF Audit Report 2022 – Legislative Audit Division (LAD)
• IWF Audit Follow-up – LAD

Provisional Drafts 
(The committee authorized the drafting of the following bills for further consideration– they are not official committee bills at this time).  

• PD001
• PD002
  • Optional draft appropriation language for PD002
• PD003
  • HB 423 (2023) Comparison chart

Draft  Agenda

• Ballot Issue #14  The Complete Text of Constitutional Initiative
• Attorney General Memorandum  Ballot Measure #14
• Secretary of State Letter to Senate President and Speaker of the House
• OP-24-0182 Montana Supreme Court Order 

Legislator Expense Claim Form

  Agenda

Problem-solving Courts

• 2023 Drug Court Report
• Montana Judicial Branch Treatment Court Basics

Agency Updates- Department of Corrections

• Update

SJ 31: Study of Attorney Regulation and the State Bar

• Purdue Global Online Law School and Access to Justice slides, Martin Pritikin, Purdue Global
• Alternative Pathways to Practice Law, Laura Sherley, LSD
• Nine Facts to Know about the American Bar Association and Accreditation on of Online Legal Education Programs
• Testimony- Steven Bahls, Council Member, Section of Legal Education and Admissions to the Bar of American Bar Association
• University of Montana Law School Exhibit - Elaine Gagliardi, Dean of the University of Montana School of Law

HB 872 Commission Request: Civil and Forensic Commitments

• Admissions Flowchart
• Forensic Evaluations in Montana

Facial Recognition Technology

• Overview of Other State's Privacy Legislation- Laura Sherley, LSD

Behavioral Health Facilities in Rapid City, SD

• Care Campus PowerPoint presentation
• Care Campus Overview
• Rapid City, South Dakota: Quality Of Life Unit Supports High-Need Individuals
• Pivot Point Brochure

HB 423 (Compensation for wrongfully convicted)

• House Bill 423
• 2022 Memo: Update on HB 92 (2021), Rachel Weiss, LSD

SB 95 (Revising sentencing laws for theft)

• Senate Bill 95
• SB 95 Fiscal Note
• SB 95 History and Final Status

Administrative Rule Review

• February 2024 Rule Review Memo, Julianne Burkhardt, LSD

Final Agenda 

Meeting Overview

• Draft  LJIC proposed work plan timeline

Senate Joint Resolution 31: Study of Attorney Regulation and the State Bar

• SJ 31
• State Bar Role & Structure, Sara Hess, Research Analyst
• Becoming a Lawyer in Montana, Sara Hess
• Attorney Regulation: Players in Admission, Education, and Discipline
• Memo from State Bar of Montana, John Mudd, E.D. and Bruce Spencer

House Bill 697: Study of POST Council

• POST timeline
• POST quarterly report

Agency Oversight

• DOC report

Facial Recognition Technology

• Facial Recognition Technology study ideas

Civil and Forensic Commitments

• Memo re: commitment processes, Julianne Burkhardt, LSD Staff Attorney
• Study options, Sara Hess, LSD Research Analyst
• House Bill 872 Commission outline, Chad Parker, DPHHS
• Flow chart of commitment processes, Chad Parker
• HJ 4 Final Report(2021-22 Interim), Rachel Weiss, LSD Research Director
• South Dakota Care Campus, NCSL

House Bill 676

• HB 676
• Memo from legal staff, Maddie Krezowski, LSD Staff Attorney
• Proposed amendment language, Maddie Krezowski

Agenda

Review of Process and Ballot Issue #8

• Ballot Initiative 8 Petition Form
• Ballot Review Process, LSD, September 2023
• Ballot Issue #8 Legal Sufficiency Determination - Attorney General
• Ballot Issue #8 Fiscal Statement - Attorney General

Legislator Expense Claim Form

  Agenda

Meeting Overview

• 2023-24 LJIC Work Plan Matrix, Draft
• LJIC Proposed Work Plan Timeline, Draft
• Anatomy of a Study, Sara Hess, LSD
• Letter from Sen. Usher for LJIC

Administrative Rule Review

• Rule Review Memo, September 2023, Julianne Burkhardt, LSD

HB 697: Study of POST Council

• POST Legislative Timeline
• POST 5-Session Summary
• POST Resource Guide
• Complaint Process Handout
• International Association of Directors of Law Enforcement Standards and Training (IADLEST) Website
• IADLEST Fact Sheet

Facial Recognition Technology

• HJ 48 Final Report - Erin Sullivan, LSD
• SB 397
• MATIC Facial Recognition Technology Use Annual Report, Anne Dormady, DOJ

Judicial Appointment Process

• Memo on Judicial Appointment Process, Julianne Burkhardt, LSD

Discussion on request from select members of HB 872 Commission

• Email from Chair of Commission

Board of Pardons and Parole

• 2023 Biennial Report

Agenda

Committee Administration

• Rules, Procedures, and Guidelines for Interim Committees
• History of LJIC Presiding Officers
• Legislator Reimbursement Form

Committee Overview

• 2023 Outcome Summary of Legislation Related to Law and Justice Topics
• Draft Law and Justice Interim Committee Work Plan
  • Draft  Work Plan Matrix

Administrative Rules of Montana (ARM)

• Rule Review Overview, July 2023
• Administrative Rule Review, July 2023

Assigned Studies

• HB 697: Interim Study of the Staffing, Structure, and Duties of the Public Safety Officer Standards and Training (POST) Council
• SJ 31: Interim Study of Attorney Regulation and the State Bar 

Public Officer Standards and Training (POST) Council

• Information and Resource Guide, July 2023

Montana Judicial Branch

• HB 693 Required Report, July 2023