Montana State Legislature
2015-2016 Commission on Sentencing
The Commission on Sentencing has finished its work for interim.
- REPRESENTATIVE MARGARET ( MARGIE ) MACDONALD (D)
- REPRESENTATIVE MATTHEW MONFORTON (R)
- SENATOR KRISTIN HANSEN (R)--Vice Chair
- SENATOR CYNTHIA WOLKEN (D)--Chair
Public Members
- Honorable Ingrid Gustafson
- Mike Batista, Director of the Department of Corrections
- Peter Ohman, Office of the State Public Defender
- Mary Ann Ries, Pondera County Attorney
- Majel Russell: Private criminal defense attorney
- Jennie Hansen, Probation and Parole Officer
- Donna Whitt, Toole County Sheriff
- Dan Guzynski, Assistant Attorney General
- Derek Gibbs: Public Member appointed by the Governor
- Reverend Roxanne Klingensmith: Public Member appointed by the Governor
- LeAnn Montes: Public Member appointed by the Governor
Commission on Sentencing Topics
Information related to bills requested by the Commission on Sentencing is available on the Legislation page.
A letter the Commission on Sentencing sent to the Supreme Court on behalf of LC 188 (2015 draft legislation) is available here.
Reports
Council Of State Governments Justice Center
- Final Report to the Montana Commission on Sentencing -- January 2017
- Justice Reinvestment in Montana: Overview -- November 2015
Statute Review Subcommittee
- August 29, 2016, meeting webpage with agenda and materials
Other Study Resources
Corrections
- Montana Department of Corrections website
- 2015 Biennial Report -- Montana Department of Corrections
- 2015 Rainbow Book -- Montana Department of Corrections, Probation and Parole Division
- Policy Options for Improving Public Safety, Holding Offenders Accountable, and Containing Corrections Costs in Montana -- Montana Department of Corrections
- Legislative Fiscal Report for the Department of Corrections Budget, 2017 Biennium
- Legislative performance audit: Contract Management, 2010
- Follow-up memo, 2011
- Legislative performance audit: Offender Management Information System, 2014
Judicial Branch
- Judicial Branch website
- Legislative Fiscal Report for the Judicial Branch Budget, 2017 Biennium
- Legislative performance audit: Administration of Montana's Drug Courts, 2015
- Montana Drug Courts: An Updated Snapshot of Success and Hope -- Office of Court Administrator
- Problem-Solving Courts in the 21st Century -- Conference of State Court Administrators
- Montana Supreme Court Bond Schedule, 2015
- Montana Supreme Court Bond Schedule, 2016
Justice Reinvestment
- The Council of State Governments Justice Center website on justice reinvestment
- Justice Reinvestment Initiative State Assessment Report -- Urban Institute
- Montana's letter requesting justice reinvestment technical assistance
- Video: How Six States Enacted Corrections Reforms -- The Pew Charitable Trusts Public Safety Performance Project
- Utah Commission on Criminal and Juvenile Justice website
Montana Department Of Justice
- Montana Department of Justice website
- Legislative Fiscal Report for the Department of Justice Budget, 2017 Biennium
Parole
- Montana Board of Pardons and Parole website
- Governor's Executive Clemency Report, 2015
- Materials from the 2013-2014 Law & Justice Interim Committee study of the Board of Pardons and Parole
Pretrial Release
Public Defender
- Office of the State Public Defender website
- Legislative Fiscal Report for the Public Defender, 2017 Biennium
- Task Force on State Public Defender Operations, 2015-2016
Reentry
- Multiagency Reentry Task Force website
- 2014 Report to the Law & Justice Interim Committee
- 2015 Report to the Law & Justice Interim Committee
- What Works in Reentry Clearinghouse -- CSG Justice Center
- Memo: Overview of Montana's criminal justice record clearance policies -- CSG Justice Center
Risk And Needs Assessments
- Research summary: Developing a National Model for Pretrial Risk Assessment -- Laura and John Arnold Foundation
- Risk/Needs Assessment 101 -- The Pew Center on the States Public Safety Performance Project
- Risk and Needs Assessment in the Criminal Justice System -- Congressional Research Service
- Using Offender Risk and Needs Assessment Information at Sentencing -- National Center for State Courts
Sentencing
- Criminal History Enhancements Sourcebook -- Robina Institute of Criminal Law and Criminal Justice
- Making Sense of Sentencing: State Systems and Policies -- National Conference of State Legislatures
- Montana correctional and sentencing policy -- Section 46-18-101, MCA (2014)
- Overview of Criminal Justice Process Following Conviction -- Law and Justice Interim Committee staff (2013)
- Principles of Effective State Sentencing and Corrections Policy -- National Conference of State Legislatures Sentencing and Corrections Work Group
Substance Use/Abuse
- Evaluation of Montana's Residential Methamphetamine Treatment Programs, 2013
- Evaluation of Montana's Residential Methamphetamine Treatment Programs, 2015
- Legislative performance audit: Chemical Dependency and Sex Offender Treatment Programs, 2007
- Follow-up memo, 2009
- Montana State Prison treatment programs analysis, 2004 (includes sex offender programs in analysis)
- Montana Women's Prison treatment programs analysis, 2004
Tribal Criminal Justice Systems
- Jails in Indian Country, 2014 -- Bureau of Justice Statistics
- Justice in Indian Country webpage -- National Criminal Justice Reference Service
- Tribal Crime Data Collection Activities, 2015 -- Bureau of Justice Statistics
- Montana Indian Law Portal
Other Resources
- Montana Board of Crime Control website (includes crime data)
- Crimesolutions.gov -- National Institute of Justice
October 19, 2016 -- Commission on Sentencing Meeting Materials
Meeting Materials
- Montana Justice Revinvestment Initiative Policy Options -- October 2016
- Montana Justice Reinvestment Impacts and Reinvestments document -- Council of State Governments
- Table of bill drafts (commission bills and preliminary drafts) - 10/13 update
- Commission bills
- Commission bills requiring additional review
- Preliminary draft bills
- LCj007 - Revising laws related to community corrections facilities and prerelease centers (9/2016 version)
- LCj009 - Requiring behavioral health treatment services provided within facilities operated by or contracting with the department of corrections to be licensed by the department of public health and human services
- LCj10A - Providing for licensure of behavioral health peer support specialists (9/2016 version)
- CSG suggested changes for LCj10A
- LCj10B - handout at the meeting
- LCj011 - Revising laws related to supervision of probationers and of defendants serving a deferred or suspended sentence
- LCj013 - Generally revising laws related to the board of pardons and parole
- LCj015 - Generally revising laws regarding housing options for offenders
- LCj016 - Generally revising the crime victims compensation act
- LCj017 - Generally revising laws related to offender intervention programs
- LCj018 - Generally revise criminal justice laws (draft containing oversight and implementation policy options)
Other Background Materials
- Statute Review Subcommittee recommendations to the full commission -- August 2016
- Research Report: Montana Criminal Statutes that Require Treatment or Programming as Part of a Sentence
- Public comment guidelines
- Memo to commissioners about October meeting
Meeting Materials
- Montana Justice Reinvestment Initiative Policy Options -- September 2016
- Presentation slides -- Council of State Governments Justice Center
- Presentation slides: Victims and Victim Advocacy in Montana -- CSG Justice Center
- Statute Review Subcommittee recommendations to the full commission -- August 2016
- Table of preliminary bill drafts
- LCj001 -- Revising criminal justice laws
- LCj002 -- Revising presentence investigation laws
- LCj006 -- Revising drug treatment court laws
- LCj007 -- Generally revising laws related to community corrections facilities
- LCj010A -- Providing for regulation and licensure of mental health peer specialists
- LCj011 -- Revising laws related to supervision of probationers and of defendants serving a deferred or suspended sentence
- LCj012 -- Requesting an interim study to explore increasing access to tribal resources for tribal members who are involved in the criminal justice system
- LCj013 -- Generally revising laws related to the board of pardons and parole
- LCj016 -- Generally revising the crime victims compensation act
Meeting materials distributed at the meeting
- Drafts to implement Statute Review Subcommittee recommendations
- LCj009 -- Requiring behavioral health treatment services provided within facilities operated by or contracting with the department of corrections to be licensed by the department of health and human services
- CSG suggested changes for LCj10A
Meeting materials posted/distributed August 2016
- Memo: Overview of Montana's criminal record clearance policies -- CSG Justice Center
Other Background Materials
- Public comment guidelines
- Memo to commission about the September 2016 meeting
- Link to Montana DOJ information on Driver's License suspensions and revocations
- SB 224 (2015)
Meeting Materials
- CSG Policy Options from June 2016 meeting
- Selected Montana Statutes for Review by the Commission on Sentencing -- Carl Reynolds, CSG
- Memo re suggested statute modifications -- Commissioner Peter Ohman
- SB 90 (2015) as introduced -- Fiscal Note
- SB 90 (2015) as amended in Senate Judiciary -- Fiscal Note
- Criminal Endangerment
- Section 45-5-207, MCA - Criminal endangerment -- penalty
- Partial legislative history for HB 301 (1987), enacts section 45-5-207, MCA
- does not include the 1989 amendment
- Persistent Felony Offender
- Section 46-18-501, MCA -- Definition of PFO, current language (2015)
- Section 46-18-502, MCA -- Sentencing of PFO, current language (2015)
- Section 46-13-108, MCA -- Notice by prosecutor seeking persistent felony offender statute (2015)
- Legislative history for section 46-18-502, MCA (RCM 95-1507)
- Sec. 5, Ch. 513, L. 1973 (SB 109)
- Sec. 21, Ch. 184, L. 1977 (SB 30)
- Sec. 11, Ch. 584, L. 1977 (HB 261)
- Sec. 7, Ch. 198, L. 1981 (SB 14)
- Sec. 1, Ch. 327, L. 1981 (HB 12)
- Sec. 16, Ch. 482, L. 1995 (SB 66)
- Sec. 12, Ch. 52, L. 1999 (HB 48)
- Data: PFO convictions by sentence type -- CSG and Department of Corrections
- Montana Supreme Court Recommended Bond Schedule, 2016 (the "Bond Book")
- Research Report: Montana Criminal Statutes That Require Treatment or Programming as Part of a Sentence
Other Background Materials
- Public comment guidelines
- Memo to commissioners about subcommittee meeting
Meeting Materials
- Law & Justice Interim Committee Update
- Table of preliminary bill drafts being considered for SJ 24 study
- Presentation: Behavioral Health Programming and Treatment in Corrections -- CSG Justice Center
- Presentation: Parole Decision-Making in Montana -- CSG Justice Center (6/21 version)
- Presentation: People in the Criminal Justice System and Community Advocates -- CSG Justice Center
- Presentation: Justice Reinvestment in Montana: Summary of Analyses and Policy Options -- CSG Justice Center (6/21 version)
- Handout: Montana Policy Options -- CSG Justice Center (6/21 version)
Other Background Materials
- Memo to commissioners about June meeting
- Public comment guidelines
- "Easily Answered Questions" (EAQ) document #2 -- will be posted when available
Meeting Materials
- Updated presentation slides for March 1 and March 2 -- CSG Justice Center
- Presentation slides for March 1 -- CSG Justice Center
- Utah Commission on Criminal and Juvenile Justice website
- Utah Justice Reinvestment Report, November 2014
- Slides: Tribal State Cooperation for Parole/Probation Supervision -- Commissioner Majel Russell
Other Background Materials
- Memo to commissioners about March meeting
- Summary: Jails in Indian Country, 2014 -- Bureau of Justice Statistics
- Report: Jails in Indian Country, 2014 -- Bureau of Justice Statistics
- Summary: Tribal Crime Data Collection Activities, 2015 -- Bureau of Justice Statistics
- Report: Tribal Crime Data Collection Activities, 2015 -- Bureau of Justice Statistics
- Stateline article: States at a Crossroads on Criminal Justice Reform
- FAQs regarding South Dakota Tribal Parole Pilot
- Public comment guidelines
Background materials posted/distributed December 2015
- Agenda
- Minutes Logs -- November 17 -- November 18
Meeting Materials
- Presentation slides: Council of State Governments (CSG) opening remarks
- Justice Reinvestment in Montana: Overview -- CSG
- Risk and Needs Assessments
- Presentation slides -- Steve Allen, CSG
- Presentation slides -- Dave Armstrong, Alternatives, Inc.
- Risk/Needs Assessment 101 -- The Pew Center on the States' Public Safety Performance Project
- Behavioral Health/Substance Use
- Presentation slides -- Steve Allen, CSG
- Presentation talking points -- Dr. Timothy Conley
- List of recent mental health/jail diversion grants
- Board of Pardons and Parole
- Background Paper: Board Structure, Duties, and Operation
- Research Report: Parole Board Structures and Policies in Other States
- Federal Probation Journal article on parole board structures (Vol. 74, No. 1, June 2010)
- Summary of 2015 parole board legislation requested by the LJIC
- Community Supervision and Swift/Certain Sanctions
- Presentation slides -- Chris Fisher, CSG
- Justice Reinvestment in Other States
- Article: Effective Sentencing and Corrections Reform: Sheriffs Getting Involved -- Sheriff Kevin Thom, Pennington County, SD
- Treatment Courts
- Presentation slides: Drug Courts 101 -- Judge Ingrid Gustafson, 13th Judicial District
- Montana Drug Courts webpage (reports, funding, standards, etc)
- Performance Audit Summary: Administration of Montana's Drug Courts
- Local Government and Law Enforcement Perspectives
Other Background Documents
- Memo to commissioners about November meeting
- Public comment guidelines
- News article on justice reinvestment in Montana
- Billings Gazette opinion on Montana's corrections system
Meeting Materials
- Senate Bill 224
- Draft Work Plan
- Study process diagram
- Montana's letter requesting justice reinvestment technical assistance
- Making Sense of Sentencing: State Systems and Policies -- National Conference of State Legislatures
- Section 46-18-101, MCA: Montana correctional and sentencing policy
- Montana Supreme Court Bond Schedule ("Bond Book")
- Policy Options for Improving Public Safety, Holding Offenders Accountable, and Containing Corrections Costs in Montana -- Department of Corrections
- Montana Criminal Law Update, 2015 Legislative Session
- Presentation Slides: Council of State Governments Justice Center
- Memo to commissioners about September meeting
- Public comment guidelines
Other Background Documents
- Video: How Six States Enacted Corrections Reforms -- The Pew Charitable Trusts Public Safety Performance Project
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The Commission on Sentencing voted to forward 12 bills to the 2017 Legislature. A table listing the bills' numbers, summaries, and final status can be downloaded here. The commission also voted in September 2016 to lend its support to the Supreme Court's existing bill draft LC 188 (now Senate Bill 45), which would revise treatment court laws. That letter is available here.
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