Montana State Legislature

2011-2012 Law and Justice

The Law and Justice Interim Committee (LJIC) is a joint bipartisan committee of the legislature that meets between legislative sessions. The LJIC: (1) monitors the activities of the Department of Corrections, the Department of Justice, the Office of State Public Defender, and the Judicial Branch; (2) examines law and justice policy issues; and (3) makes recommendations to the full legislature. The LJIC's responsibilities include reviewing the administrative rules and proposed legislation of assigned executive branch agencies.

The webpage is down for maintenance.

  • Revised Agenda
  • Minutes (draft)
  • Item 3. LClj21 - Clarify investigatory authority of POST
  • Item 7.a. LClj06 - Reconsideration of concealed weapon permit bill draft
  • Item 9. LClj325 - Study operations of the Montana Board of Pardons and Parole
  • Item 10.a. Revisit or review other LJIC legislation proposals:
    • LClj08 - Revise Criminal Intelligence Information Advisory Council
    • LClj60 - Establish Corrections Advisory Council
    • LClj61 - Eliminate report on attorney license tax
    • LClj62 - Eliminate report on health care costs for medical parolees
    • LClj5D3 - Statewide multi-agency reentry task force for paroled offenders at high risk of recidivism
  • Item 13.a. - assign sponsors for LJIC committee bills:
    • LClj2A - Suicide prevention bill draft
    • LClj03 - Suicide prevention bill draft
    • LClj5A - Restorative Justice bill draft
    • LClj5B - Restorative Justice bill draft
    • LClj5C - Restorative Justice bill draft
    • LClj07 - Revise certain DOJ advisory councils and reports
    • LClj09 - Eliminate racial profiling report
    • LClj10 - Require DPHHS to forward child abuse reports to county attorneys
    • LClj11 - Requiring 'Eminent Domain in Montana' handbook in condemnation proceedings
  • LJIC bill draft requests as of September 4, 2012
  • Legal Review of Rules of Board of Pardons and Parole - David Niss, Staff Attorney

  • HB 142 - 2011 Session

    HB 142 requires each interim committee to review all statutorily established advisory councils and statutorily required reports of the committee's assigned agencies. Under these provisions, the LJIC must make recommendations to the next legislature on the retention or elimination of any advisory council or required report.

    Statutorily Required Reports

    Agency Report MCA Section Due Date Submitted
    Department of Corrections

    Medical Parole
    (no link, sensitive info.)

    		 46-23-210 before 1 July of even-numbered years Sep 2010
    Department of Justice Racial Profiling 44-2-117 periodically Sep 2010
    Judicial Branch Information Technology 3-1-702 annually Sep 2010
    Judicial Branch Attorney License Tax 37-61-211 annually at the first meeting of LJIC after end of fiscal year Aug 2011
    Judicial Branch

    Juvenile Delinquency Intervention Program

    		 41-5-2003 suspended for biennium FY2008
    Office of State Public Defender Biennial Report 47-1-105 biennially Dec 2009

    Statutory Advisory Councils

  • See Table 1 in HB 142 Staff Report

SJR 29 - Restorative Justice Study

Other Study Issues

Agency Oversight

Committee Administration

  • Working Draft No. And Short Title

    Bill No.

    Final Status
    LClj04 - Revise emergency detention standards HB 16 Enacted
    LClj5A - Authorize restorative justice sentencing HB 72 Enacted
    LClj5B - Restorative justice grant program under MBCC HB 71 Enacted
    LClj5C - Victim impact panels for state inmates HB 70 DIED
    LClj5D - Multiagency re-entry pilot project HB 68 Enacted
    LClj10 - Revise DPHHS reporting in child abuse or neglect HB 74 Enacted
    LClj11 - Eminent domain condemnation must include copy of handbook HB 45 Enacted
    LClj2A - Jail suicide prevention statewide program HB 43 DIED
    LClj03 - Jail suicide prevention administration under MBCC HB 69 DIED
    LClj06 - Info. on concealed weapon permit application to be confidential SB 37 DIED
    LClj07 - Revise statutory advisory councils and reports under DOJ HB 17 Enacted
    LClj08 - Update criminal intelligence information statutes HB 44 DIED
    LClj09 - Eliminate racial profiling report to the legislature SB 8 Enacted
    LClj60 - Establish corrections advisory council SB 9 DIED
    LClj62 - Eliminate report to committee on medical parole SB 51 Enacted
    LClj325- Request interim study of Board of Pardons and Parole SJ 3 Passed

  • Administrative Rule Review

    Administrative rules are state agency regulations, standards, or statements of general applicability that implement, interpret, or prescribe the policy, organization, procedure, or practice of a state agency. When proposing and adopting rules or when amending or repealing rules, most state agencies must comply with theMontana Administrative Procedure Act, also known as MAPA. For more information about administrative rules, click here.

    Role of the Law and Justice Interim Committee

    The legislature, including the Law and Justice Interim Committee, plays a significant role in the administrative rulemaking process because the legislature is authorized to review each administrative rule prior to the rule's formal adoption. As part of this rule-review process, legal staff for the Committee notifies the Committee of any concerns about the agency's compliance with state law, including MAPA. The legal staff's notification to the Committee is usually done in the form of a memorandum. The table below lists the rules reviewed by the Committee's legal staff and provides links to memorandums presented to the Committee during the interim. David Niss at dniss@mt.gov is currently the legal staff for the Committee.

    The Committee is authorized to review rules or rule amendments or repeals proposed by the following agencies:

    Department of Corrections Department of Justice Judicial Branch

    Objections

    The Committee may object to a proposed administrative rule, amendment, or repeal. For a description of the Committee's authority and the objection process, click here.

    Activities This Interim

    The Secretary of State's Office maintains a website that provides detailed information about each rule. To view the rule addressed in a legal staff memo to the Committee, interested persons may go to that website and access the rule using the MAR Notice Number listed in the table below.

    Agency Overview
    MAR Notice Number
    		 Staff Memo Committee
    Action
    Department of Corrections
      Expansion of adult community corrections contracted treatment facilities or programs
    20-7-48
    31 Aug 2011
    		 none recommended
      Siting, establishment, and expansion of prerelease centers

    20-7-49
    31 Aug 2011
    		 none recommended
    Department of Justice
     

    Implementing the 24/7 sobriety program
    23-3-220
    31 Aug 2011
    		 informal resolution
      Changes to implementing 24/7 sobriety proram
    23-3-220
    28 Nov 2011
    		 changes adopted
      Gambling control
    23-16-223
    28 Nov 2011
    		 none recommended
      Tow truck complaint resolution

    23-6-221
    23-6-224
    28 Nov 2011
    		 none recommended
    Judicial Branch
      Rules of Civil Procedure - Supreme Court Order No. AF 07-0157 6 Oct 2011 pending

     

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