Montana State Legislature
2013-2014 Law and Justice
The Law and Justice Interim Committee has finished its work for the interim. It will not meet again until late spring or early summer in 2015. The committee's final report, "Law, Order, and Everything In Between," summarizes the committee's work to complete two assigned studies and other interim duties.
A full list of committee bills the LJIC voted to introduce is available on the Legislation page.
To stay up-to-date with the LJIC's activities during the 2015-2016 interim, please sign up to receive e-mailed update by using the link in the blue box to the right.
- Representative Jenny Eck (D)
- Representative Ellie Hill Smith (D)
- Representative Sarah Laszloffy (R)
- Representative Steve Lavin (R)
- Representative Dennis Lenz (R)
- Representative Margaret (Margie) MacDonald (D)--Chair
- Senator Shannon J Augare (D)
- Senator Scott Boulanger (R)
- Senator Robyn Driscoll (D)
- Senator Larry Jent (D)
- Senator Terry L Murphy (R)-- Vice Chair
- Senator Scott Sales (R)
The Law and Justice Interim Committee is responsible for monitoring the activities of the Department of Corrections, the Department of Justice, and the Office of the Public Defender. The committee serves as the liaison to the Judicial Branch.
The committee is also responsible for carrying out interim studies as assigned by the Legislature and the Legislative Council. The committee's adopted work plan outlines its process for completing the interim's work.
Reports and other materials on these topics are available by clicking the links below. The committee's final report, "Law, Order, and Everything In Between," summarizes the committee's work to complete two assigned studies and other interim duties.
Assigned Studies
- Senate Joint Resolution 3: Study the Board of Pardons and Parole
- Senate Joint Resolution 22: Study family law procedures and alternatives
Statutory Duties
Agency Oversight
Department Of Corrections
- Overview of Treasure State Correctional Training Center (TSCTC or 'Boot Camp')
- Prison Admissions Memo
- Prison Admissions Stats
- Where Do They Come From, Where Do They Go - Male Offenders
- Where Do They Come From, Where Do They Go - Female Offenders
Department Of Justice
Office Of The Public Defender
- Stipulation and Order of Postponement of Trial -- May 7, 2004
- Final Report of the 2003-2004 LJIC regarding a public defender system
- American University Report -- 2009
- ACLU Report -- 2011
- Public Defender Commission Responses to AU and ACLU Reports
- Performance Audit: Improving Statewide Consistency of Key Processes for the Office of the State Public Defender, Legislative Audit Division -- May 2012
- Summary of the May 2012 Performance Audit
- Commission Resolution to Limit Caseloads -- February 2013
- Chief Public Defender Report to the Commission -- July 2013
- Limiting Caseloads in Region 4 (Helena) -- Motion, Brief, and Exhibits -- September 2013
Liaison to the Judicial Branch
Committee Issues
- NICS and Mental Health
- Letter to Legislative Audit Committee re DOC oversight of contract with Crossroads Correctional Center
- Tentative Agenda - revised 7/8
- Summary Minutes Log
- Rules, Procedures, and Guidelines for Interim Committees
- List of past presiding officers
- Draft Work Plan
- Draft Study Plan for SJR 3
- Draft Study Plan for SJR 22
- Administrative Rule Review memo
- Summary of legislation related to LJIC
- List of LJIC bills from previous interim
Presentation Materials
- Department of Justice slides - Jon Bennion
- Board of Crime Control handout - Brooke Marshall
Materials
- Agenda - updated 9/18
- Summary Minutes Log - September 19 -- September 20
- SJ 22: Study of family law procedures and alternatives
- Background Paper: Existing Family Law Procedures
- How to File for Dissolution of Marriage (with children)
- How to File for a Permament Parenting Plan
- Web Resources: Reducing Conflict in Family Law Cases
- SJ 3: Study the Board of Pardons and Parole
- Background Paper: Board Structure, Duties, and Operations
- Attachment: Executive Clemency Report from Governor - 2012
- Background Paper: Board Parole Philosophy
- Staff Report: Criminal Justice Process Following Conviction
- DOC Flowchart: Male Offenders
- DOC Flowchart: Female Offenders
- Parole Board Files and Board Packets - Board of Pardons and Parole
- Montana State Prison Offender File Contents - Department of Corrections
- Background Paper: Board Structure, Duties, and Operations
- Office of the Public Defender
- Stipulation and Order of Postponement of Trial -- May 2004
- Legislative Performance Audit and Summary -- May 2012
- Commission Resolution to Limit Caseloads -- February 2013
- Chief Public Defender Report to the Commission -- July 2013
- Limiting Caseloads in Region 4 (Helena) -- Motion, Brief, Exhibits -- September 2013
- Additional background documents on the OPD can be found under the Committee Topics Tab (See above).
Presentation Materials
Thursday, September 19
- Department of Justice presentation slides-- Jon Bennion
- SJ 22 Testimony -- P. Mars Scott
- 2012 Montana District Court workload stats -- Beth McLaughlin
- Map of Montana Judicial Districts -- Beth McLaughlin
- Montana Legal Services Association fact sheet -- Alison Paul
- Outline of challenges for pro se litigants -- Alison Paul and Beth McLaughlin
- 2012 Pro Bono Final Report Executive Summary -- Beth McLaughlin
- Summary of Statewide and County Legal Resources -- Beth McLaughlin
Friday, September 20
Materials
- Agency Oversight
- Administrative Rule Review Memo
- Decision Brief: Review of Advisory Councils and Required Reports
- SJ 3: Study the Board of Pardons and Parole
- Staff Report: Composition and Structure of Montana's Quasi-Judicial Boards
- Staff Report: Parole Board Structures and Policies in Other States
- Federal Probation Journal article (Volume 74, Number 1, June 2010)
- Statistics provided in response to LJIC questions:
- Staff Report: Parenting Plan Guidelines in Montana District Courts
- Parenting guidelines for the 4th Judicial District (Missoula and Mineral Counties)
- Unofficial parenting guidelines for the 18th Judicial District (Gallatin County)
- Public Comment Guidelines
- Memo to LJIC about December meeting
Presentation Materials
- Project CALM overview -- Terry Jessee
- Project CALM testimony -- MarCee Neary
- Community Crisis Center overview -- MarCee Neary
- CCC Fast Facts -- MarCee Neary
- Gallatin County Office of Court Services handout -- Andrea Lower
- Gallatin County Jail Diversion Program -- Ryan Swarzmeyer
- Gallatin County Office of Court Services Facts and Figures -- Steve Ette
- SJ3 Panel Testimony -- Ron Waterman
- Letter sent to BOPP -- Ed Corrigan
- SJ3 Panel Testimony -- Larry Gaalswyk
- SJ3 Panel Testimony -- Greg Hinkle
- SJ3 Panel Testimony -- Steve Cape
- Court Help Program quick facts -- Erin Farris
- SJ22 Testimony on Self-Represented Litigants -- Judge Michele Snowberger
- SJ22 Parenting Guidelines Testimony -- Mars Scott
- Agenda
- Minutes Log -- February 13, 2014 -- February 14, 2014
- Agency Oversight
- Required Reports
- Department of Justice: False Claims Act Report (17-8-416, MCA)
- Office of the Public Defender: FY2013 Report to the Governor, Supreme Court, and Legislature (47-1-105)
- Board of Crime Control: Status of Restorative Justice Grant Program (2-15-2013)
- Administrative Rule Review Memo
- Follow-up Performance Audit of the Office of the Public Defender -- November 2013
- Required Reports
- SJ 3: Study the Board of Pardons and Parole
- The Impact of Parole in New Jersey, The Pew Charitable Trusts
- Background Paper: Risk and Needs Assessments
- Conditions of probation and parole forms
- Average Annual Denial Rates by Prerelease Centers and Treatment Programs, FY2008-2012
- Background Paper: The 1990 Criminal Justice and Corrections Advisory Council
- Staff Report: Certificates of Rehabilitation
- Legislative Considerations: Good Time
- 1988 Overview of Good Time Practices in Montana, Lois Menzies
- 1998 Policies on Good Time and the Effects of Sentencing Practices, Susan Byorth Fox
- Legislative Considerations: Recording Parole Hearings
- A/V Recording Administrative Rules - Oregon Board of Parole and Post-Prison Supervision
- A/V Recording Administrative Rules - Alaska Parole Board
- Legislative Considerations: Administrative Rules
- SJ 22: Study of family law procedures and alternatives
- Other Information
- Public Comment Guidelines
- Memo to LJIC about February meeting
- REAL ID packet
- Presentation Materials
- National Instant Criminal Background Check System presentation -- Sherre Baker, FBI
- NICS Index brochure -- Sherre Baker, FBI
- NICS mental health benchcard -- Sherre Baker, FBI
- Minimum criteria for state relief from disabilities programs -- Sherre Baker, FBI
- States with certified relief from disabilities statutes -- Sherre Baker, FBI
- Relief from Disabilities Program Criteria -- Jeanne Miller, ATF
- Jennifer Viets handout -- Montana Department of Justice
- Justice Assistance Grant (JAG) Byrne Program -- Brooke Marshall, Board of Crime Control
- Beth Brenneman testimony -- Staff Attorney, Disability Rights Montana
- ND Family Law Mediation Project Final Report -- Beth McLaughlin, Court Administrator
- ND Family Law Mediation Project Data -- Beth McLaughlin, Court Administrator
- Brian Muldoon testimony -- Chairman of the Mediation Subcommittee of the State Bar's Justice Initiatives Committee
- Mediation subcommittee report -- Brian Muldoon
- Montana out of court sliding fee schedule -- Brian Muldoon
- Mediation styles -- Brian Muldoon
- Objections to mediation -- Brian Muldoon
- Proposed statutory language for Title 40, Chapter 4, Part 3 -- Brian Muldoon
- MORRA/WRNA presentation slides -- Department of Corrections
- MORRA overview-- Department of Corrections
- WRNA overview -- Department of Corrections
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Materials
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Materials
- Agency Oversight
- Re-Entry Task Force Final Report
- DOC licensing instrument for CCA audits
- Legislative Audit memo about CCA contract work (2011)
- DOC letter to CCA about inmate welfare account (2011)
- Administrative rule review memo
- Decision brief: Review of Advisory Councils and Required Reports
- Judicial Branch IT report
- Agency legislative proposals (will be posted when available)
- Memo: Procedures for review, request, drafting of agency legislation
- Judicial Branch
- Office of the Public Defender -- revised 6/23/14
- Department of Corrections
- Board of Pardons and Parole -- none
- Department of Justice
- POST Council explanation -- POST draft bill
- Board of Crime Control -- none
- SJ 3: Study the Board of Pardons and Parole
- SJ 22: Study of family law procedures and alternatives
- Other Information
- Memo to LJIC about June meeting
- Presentation Materials
- Collaborative Law Act Summary -- Tal Goldin
- Legislative Fact Sheet on Collaborative Law Act -- Tal Goldin
- ABA Fact Sheet on Uniform Collaborative Law Rules/Act -- Tal Goldin
- Uniform Collaborative Law Rules and Act -- Tal Goldin
- Proposed Montana Adoption of Uniform Collaborative Law Act -- Tal Goldin
Materials
- Agenda - updated 9/2
- Minutes Log
- Agency Oversight
- Additional legislative proposals for the Office of the Public Defender
- Letter from Chief Justice regarding the Office of the Appellate Defender
- Administrative rule review memos
- Decision Brief: Review of Advisory Councils and Required Reports
- SJ 3: Study the Board of Pardons and Parole
- SJ 22: Study of family law procedures and alternatives
- Other Information
- Bill draft table for other LJIC topics of interest
- Draft letter to Legislative Audit Committee re Shelby
- Memo to LJIC about September meeting
- Presentation Materials
- Montana Domestic Violence Fatality Review Commission slides, Matt Dale
- A/V cost estimate materials -- Board of Pardons and Parole
The Law and Justice Interim Committee proposed several bills as the result of its work during the 2014-2015 interim. It also authorized for early drafting bills proposed by the various agencies over which the LJIC has interim oversight duties. The committee bills are listed below, followed by links to the agency proposals.
Committee Bills
SJ 3: Study The Board Of Pardons And Parole
The LJIC approved the following SJ 3-related bill drafts.
| Short Title and Draft Number | Bill Number | Final Status |
|---|---|---|
|
Revise MAPA provisions related to the Board of Pardons and Parole (LClj98) |
Enacted |
|
| Require parole hearings to be video recorded (LClj97B) | HB 28 | Enacted |
| Clarify that the governor may change parole board presiding officer (LJlj94) | HB 19 | Enacted |
| Revise parole criteria laws (LClj95) | HB 135 | Enacted |
| Revise executive clemency laws (LClj90) | HB 43 | Enacted |
SJ 22: Study Of Family Law Procedures And Alternatives
The LJIC approved the following SJ 22-related bill drafts.
| Short Title and Draft Number | Bill Number | Final Status |
| Provide for a decree of dissolution without a hearing when uncontested (LClj02) | HB 12 | Enacted |
| Allow spouse to restore original name as part of dissolution filing (LClj04) | HB 20 | Died |
| Adjust debt limit allowed for summary dissolution (LClj01) | HB 26 | Enacted |
| Clarify who must move to amend parenting plan when one parent relocates (LClj03) | HB 129 | Enacted |
Other Topics
The LJIC approved the following bills that were developed by the committee after hearing testimony on various corrections-related topics.
| Short Title and Draft Number | Bill Number | Final Status |
| Revise laws related to housing for offenders (LClj51) | HB 25 | Died |
| Allow the Dept. of Corrections to set a minimum percentage of inmate earnings saved (LClj52) | SB 101 | Enacted |
| Study the Crossroads Correctional Center and oversight of that facility (LClj50) | SJ 3 | Died |
Agency Legislation
- Memo explaining agency legislation process
- Judicial Branch
- Office of the Public Defender
- Proposal 01
- Proposal 02
- Proposal 04
- Proposal 06 (September)
- Proposal 07
- Proposal 08 (September)
- Proposal 09 (September)
- Proposal 10
- Department of Corrections
- Department of Justice
- POST Council explanation and draft bill
- The Board of Crime Control and the Board of Pardons and Parole did not request legislation.
| *The complete text for any of the proposed rules listed below, including any hearing information, may be accessed by visiting http://mtrules.org and entering the MAR Notice Number in the "Search by Notice No." field in the bottom right-hand corner of the page. Additional information regarding rulemaking and the Legislature's role in the administrative rulemaking process may be accessed here. Rule summaries presented to the Law and Justice Interim Committee are below. |
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| September 2013 | December 2013 | February 2014 | |
| April 2014 | June 2014 | September 2014 | |
Dept. of
| Notice Date | MAR Notice No. | Agency, Board or Commission | Subject | Staff Memo/Other Documents |
Dept. of
| Notice Date | MAR Notice No. | Agency, Board or Commission | Subject | Staff Memo/Other Documents |
