67th Legislature
LC 1315HB 73.1
1 HOUSE BILL NO. 73
2 INTRODUCED BY B. USHER
3 BY REQUEST OF THE CRIMINAL JUSTICE OVERSIGHT COUNCIL
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE CRIMINAL
6 JUSTICE OVERSIGHT COUNCIL; REQUIRING THE LEGISLATIVE SERVICES DIVISION TO PROVIDE
7 CLERICAL AND ADMINISTRATIVE STAFF TO THE COUNCIL; AMENDING SECTION 53-1-216, MCA; AND
8 PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 53-1-216, MCA, is amended to read:
13 "53-1-216. Montana criminal justice oversight council -- duties -- membership. (1) There is a
14 Montana criminal justice oversight council. The council consists of 16 members as follows:
15 (a) (i) two members of the house of representatives, one selected by the speaker of the house and
16 one selected by the house minority leader; and
17 (ii) two members of the senate, one selected by the president of the senate and one selected by the
18 senate minority leader;
19 (b) one district court judge selected by the chief justice of the Montana supreme court;
20 (c) the director and the deputy director of the department of corrections;
21 (d) a county sheriff and a county attorney appointed by the attorney general; and
22 (e) the following individuals appointed by the governor:
23 (i) a member of a state-recognized or federally recognized Indian tribe located within the boundaries
24 of the state of Montana who has expertise in criminal justice;
25 (ii) one member of the board of pardons and parole;
26 (iii) one member who represents the office of state public defender;
27 (iv) one representative of crime victims;
28 (v) one representative of civil rights advocates; and
-1- Authorized Print Version – HB 73
67th Legislature
LC 1315HB 73.1
1 (vi) two representatives of community corrections providers, one of whom must represent a treatment
2 facility and one of whom must represent a prerelease center.
3 (2) The department of corrections legislative services division shall provide clerical and administrative
4 staff services to the council.
5 (3) The council shall elect a presiding officer.
6 (4) The council shall:
7 (a) review the recommendations of the commission on sentencing established in Chapter 343, Laws
8 of 2015;
9 (b) receive and analyze data collected by agencies and entities charged with implementing the
10 recommendations of the commission on sentencing and that are collecting data during the implementation and
11 management of specific recommendations;
12 (c) assess outcomes from the recommendations the commission on sentencing has made and
13 corresponding criminal justice reforms; and
14 (d) request, receive, and review data and report on performance outcome data relating to criminal
15 justice reform.
16 (5) Data evaluation performed by the council must:
17 (a) assess the current electronic records utilized by criminal justice agencies;
18 (b) review and list all variables collected in each agency's information management system;
19 (c) establish a baseline for historical data comparisons;
20 (d) determine whether data is linked to specific offenders through a unique identifying factor;
21 (e) review archival data and agencies' data retention policies;
22 (f) determine whether presentence investigation reports are completed electronically in the
23 department of corrections' case management system within established statutory timelines;
24 (g) review any established data protocols for pretrial services;
25 (h) assess if the data collected or recommended to be collected on offenders and programs will
26 provide criminal justice agencies, the legislature, and the public adequate information to determine whether
27 correctional programs produce standardized outcomes across the state and are an efficient use of state
28 resources; and
-2- Authorized Print Version – HB 73
67th Legislature
LC 1315HB 73.1
1 (i) review and suggest improvements for behavioral health screening instruments and other screening
2 instruments as needed to ensure the integrity of data that is captured in criminal justice agencies' information
3 management systems.
4 (6) The council shall examine the feasibility of creating and maintaining a public portal through which
5 criminal justice data can be accessed, including data on court case filings, correctional populations, and
6 historical and legacy data sets.
7 (7) The council shall submit by September 1 of each even-numbered year a biennial report to the
8 governor and legislature, as provided in 5-11-210. The report must include:
9 (a) a description of the council's proceedings since the previous report;
10 (b) a summary of savings from criminal justice reforms and recommendations for how the savings
11 should be reinvested to reduce recidivism;
12 (c) a description of performance measures and outcomes related to criminal justice reforms; and
13 (d) a narrative of the council's progress on establishing data collection and uniformity standards and
14 any changes that have been implemented as a result of the council's work.
15 (8) The council may appoint a working group to track any legislation resulting from criminal justice
16 reforms and to perform other detailed analysis as directed by the council. If appointed, the working group shall
17 meet regularly and report to the council as the council requires. The working group may include representatives
18 of criminal justice agencies and key constituencies that are not members of the council.
19 (9) Using the process established in legislative rules for executive agency legislative requests, the
20 council may request legislation to enact changes to the state's criminal justice system that the council finds
21 necessary.
22 (10) The judicial branch, the department of corrections, the department of public health and human
23 services, the board of pardons and parole, and the legislative services and fiscal divisions shall provide data
24 and information as requested by the council.
25 (11) Appointments made under subsection (1) must be made within 60 days after July 1, 2019. A
26 vacancy on the council must be filled in the manner of the original appointment.
27 (12) Council members must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-
28 503. Members of the council who are full-time salaried officers or employees of this state or any political
-3- Authorized Print Version – HB 73
67th Legislature
LC 1315HB 73.1
1 subdivision are entitled to their regular compensation. Legislative members must be compensated as provided
2 in 5-2-302.
3 (13) The council shall report to the law and justice interim committee and the legislative finance
4 committee as requested."
5
6 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
7 - END -
-4- Authorized Print Version – HB 73
Statutes affected: HB0073_1.pdf: 53-1-216
HB0073_X.pdf: 53-1-216
Introduced: 53-1-216