Bill Summary – FastDemocracy

67th Legislature                                                                                                  HJ 34.1
                                         HOUSE JOINT RESOLUTION NO. 34
   INTRODUCED BY B. USHER, S. BERGLEE, A. BUCKLEY, J. CARLSON, J. GILLETTE, D. HAWK, J. HINKLE,
          K. KELKER, E. KERR-CARPENTER, D. LENZ, B. LER, B. PHALEN, A. REGIER, D. SKEES, M.
                                                      STROMSWOLD
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   A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
   MONTANA REQUESTING AN INTERIM STUDY OF PRETRIAL DIVERSION PROGRAMS AND
   PRESENTENCE DIVERSION AGREEMENTS.
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              WHEREAS, a presentence diversion agreement allows a defendant and a prosecutor to agree to
   suspend the prosecution for a criminal offense on entry of a guilty plea if the defendant abides by certain terms
   in the agreement; and
              WHEREAS, the terms of a pretrial diversion program or a presentence diversion agreement typically
   will require that the defendant obtain a chemical dependency evaluation and complete the recommended
   treatment as well as comply with other accountability measures or required programs based on the individual's
   needs; and
              WHEREAS, if the defendant successfully completes the terms of the pretrial diversion program or the
   presentence diversion agreement, the criminal charge or charges against the person can be dismissed and will
   not appear on the person’s criminal history; and
              WHEREAS, if the defendant does not successfully complete the terms of the pretrial diversion program
   or the presentence diversion agreement, the defendant will face court proceedings for the criminal offense or
   offenses; and
              WHEREAS, eligible defendants in pretrial diversion programs or presentence diversion agreements will
   typically include low-risk, low-need defendants charged with possession of illegal drugs or drug-related offenses
   and who need addiction services and treatment and not incarceration; and
              WHEREAS, involvement in the criminal justice system and a criminal conviction can have lasting
   negative impacts on a person years after the offense; and
              WHEREAS, presentence diversion agreements are used to divert low-risk, low-need individuals from
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67th Legislature                                                                                                      HJ 34.1
   the criminal justice system; and
              WHEREAS, the crimes are directly related to the defendant’s abuse of drugs, alcohol, or both; and
              WHEREAS, a pretrial diversion program or a presentence diversion agreement can allow a defendant
   to obtain and complete treatment outside of a secure facility; and
              WHEREAS, increasing access to pretrial diversion programs and presentence diversion agreements
   for certain defendants could reduce caseloads for prosecutors, public defenders, judges, and the Department of
   Corrections, while also prioritizing jail and prison bed space for other offenders; and
              WHEREAS, intervening early through pretrial diversion programs and presentence diversion
   agreements and providing treatment for underlying addiction issues will create cost savings for the criminal
   justice system and improve outcomes for offenders.
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   NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
   THE STATE OF MONTANA:
              That the Legislative Council be requested to designate an appropriate interim committee or statutory
   committee, pursuant to section 5-5-217, MCA, or direct sufficient staff resources to study how to establish
   pretrial diversion programs and a uniform presentence diversion agreement in the state.
              BE IT FURTHER RESOLVED, that the study should:
              (1)   identify Montana jurisdictions that currently operate a pretrial diversion program or a presentence
   diversion agreement and examine the structure, scope, funding, eligibility criteria, and procedures for those
   programs;
              (2)   review national best practices for pretrial diversion programs and presentence diversion
   agreements;
              (3)   examine pretrial diversion programs and presentence diversion agreements in other states,
   including their structure, scope, funding, eligibility criteria, and procedures;
              (4)   review existing Montana statutes that create or support opportunities for individuals to be diverted
   from the criminal justice system; and
              (5)   review the available funding sources for pretrial diversion programs or presentence diversion
   agreements and the cost shift and savings realized through a pretrial diversion program or a presentence
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67th Legislature                                                                                                HJ 34.1
   diversion agreement that diverts people from the criminal justice system and into treatment and addiction
   services.
              BE IT FURTHER RESOLVED, that if the study is assigned to staff, any findings or conclusions be
   presented to and reviewed by an appropriate committee designated by the Legislative Council.
              BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review
   requirements, be concluded prior to September 15, 2022.
              BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions,
   comments, or recommendations of the appropriate committee, be reported to the 68th Legislature.
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