Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                         HB 916.1
                                               HOUSE BILL NO. 916
                                          INTRODUCED BY B. MERCER
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  A BILL FOR AN ACT ENTITLED: “AN ACT IMPLEMENTING PROVISIONS OF THE GENERAL
  APPROPRIATIONS ACT; PROVIDING FOR REPORTING REQUIREMENTS FOR THE DEPARTMENT OF
  CORRECTIONS; PROVIDING FOR REPORTING REQUIREMENTS FOR THE OFFICE OF STATE PUBLIC
  DEFENDER; PROVIDING FOR REPORTING REQUIREMENTS FOR THE DEPARTMENT OF JUSTICE;
  PROVIDING FOR REPORTING REQUIREMENTS FOR THE OFFICE OF COURT ADMINISTRATOR;
  PROVIDING FOR LEGISLATIVE INTENT; EXTENDING THE TERMINATION DATE OF PUBLIC SAFETY
  OFFICER STANDARDS AND TRAINING AND ITS REPORTING REQUIREMENTS; EXPANDING ELIGIBLE
  USES OF THE PETROLEUM TANK RELEASE CLEANUP FUND; ESTABLISHING REPORTING
  REQUIREMENTS; AMENDING SECTION 75-11-313, MCA; AMENDING SECTION 23, CHAPTER 456, LAWS
  OF 2019, AND SECTION 19, CHAPTER 566, LAWS OF 2021; AND PROVIDING AN EFFECTIVE DATE AND
  A TERMINATION DATE.”
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          WHEREAS, the 68th Legislature has funded new programs in Section D entities and enacted new
  statutes, both of which will impact governmental operations. The Legislature has an interest in monitoring the
  implementation of the programs and whether they are effective; and
          WHEREAS, the work of the judicial branch, law enforcement, and justice budget committee in 2021
  and 2022 and the 68th Legislature has generated interest in a number of subjects that require ongoing data
  gathering and analysis to perform oversight regarding the administration of justice.
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.        Reporting requirement for agencies whose budgets are considered
  by subcommittee of committee on appropriations for judicial branch, law enforcement, and justice. No
  later than September 1, 2023, each agency that reports to the judicial branch, law enforcement, and justice joint
  subcommittee shall report to the judicial branch, law enforcement, and justice budget committee on their
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68th Legislature 2023                                                                                              HB 916.1
  respective inventories of equipment, including computers, servers, vehicles, and other assets, and the
  projected useful life of each asset.
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            NEW SECTION. Section 2.        Department of corrections to report. (1) Beginning July 1, 2023, and
  each quarter of the 2025 biennium, the department of corrections shall report, in accordance with 5-11-210, to
  the law and justice interim committee and the judicial branch, law enforcement, and justice budget committee
  on the utilization of drug treatment beds and any payments made to contractors for the failure to allow the
  contractor to operate at 75% capacity.
            (2)    The department of corrections shall report to the law and justice interim committee and the
  judicial branch, law enforcement, and justice budget committee no later than September 1, 2023, and
  September 1, 2024, on the expenditures in the previous fiscal year in the rental voucher program to identify:
            (a)    where the voucher program is being utilized based on the location of expenditures for each
  county;
            (b)    the strengths and weaknesses of the program as identified by the department of corrections;
  and
            (c)    programming to reduce recidivism offered in each of the facilities by the property owner
  accepting rental vouchers.
            (3)    Beginning July 1, 2023, and each quarter of the 2025 biennium, for the quarter preceding the
  report, the department of corrections shall report to the law and justice interim committee and the judicial
  branch, law enforcement, and justice budget committee on:
            (a)    the number of occasions a defendant sentenced for one or more felonies remained in a county
  detention facility for more than 10 business days after sentencing;
            (b)    the names of the defendants who remained in a county detention facility for more than 10
  business days after sentencing and the county detention facility in which they were held; and
            (c)    for those defendants remaining in a county detention facility for more than 10 business days
  after sentencing, the relevant facts leading to the delay in transfer out of the facility, and whether the delay is
  attributable to untimely receipt of a judgment of other sentencing documents from the judicial branch.
            (4)    Beginning October 15, 2023, and by the 15th day of the first month following the end of each
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68th Legislature 2023                                                                                             HB 916.1
  quarter of the 2025 biennium, for the new expenditures funded under the efficiencies in community corrections
  program, the department of corrections shall report to the law and justice interim committee and the judicial
  branch, law enforcement, and justice budget committee on the number of offenders for each county
  participating in the program, the identity of the entities providing housing to participants, and the physical
  addresses for the housing locations.
          (5)      Beginning October 15, 2023, and by the 15th day of the first month following the end of each
  quarter of the 2025 biennium, for the new expenditures funded under DOC Supplemental Option 1, the
  department of corrections shall report to the law and justice interim committee and the judicial branch, law
  enforcement, and justice budget committee on the number of days that the supplemental placements in
  community corrections facilities were not fully utilized for each facility.
          (6)      Beginning on July 15, 2023, and on the 15th day of the first month of every subsequent quarter
  in the 2025 biennium, for evaluations conducted pursuant to 53-1-211(2)(b) of programs to reduce recidivism,
  the department of corrections shall report on the status of ongoing evaluations and provide written reports on
  evaluations completed subsequent to the last quarterly report to the law and justice interim committee and the
  judicial branch, law enforcement, and justice budget committee.
          (7)      The department of corrections and the board of pardons and parole shall:
          (a)      report to the law and justice interim committee and the judicial branch, law enforcement, and
  justice budget committee on its plan to comply with 46-23-218(4) no later than July 15, 2023; and
          (b)      submit a report, including all data required to be gathered, pursuant to 46-23-218(4) to the law
  and justice interim committee and the judicial branch, law enforcement, and justice budget committee no later
  than July 1, 2024.
          (8)      The department of corrections shall contract with a third party to study the adequacy of its
  staffing at the men's prison and the women's prison and ensure that the report is completed and delivered to
  the law and justice interim committee and the judicial branch, law enforcement, and justice budget committee
  no later than September 1, 2024.
          (9)      For evaluations conducted pursuant to 53-1-211(5) of programs not otherwise reported to the
  law and justice interim committee and the judicial branch, law enforcement, and justice budget committee
  pursuant to subsection (6), beginning on July 15, 2023, and on the 15th day of the first month of every
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68th Legislature 2023                                                                                          HB 916.1
  subsequent quarter in the 2025 biennium, the department of corrections shall report quarterly on the status of
  ongoing evaluations and provide written reports on evaluations completed subsequent to the last quarterly
  report to each committee.
          (10)     Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall report to the judicial branch, law enforcement,
  and justice budget committee on the costs incurred due to the enactment of House Bill 174 from the 2023
  legislative session.
          (11)     No later than September 1, 2024, the department of corrections shall report to the judicial
  branch, law enforcement, and justice budget committee on actions taken in fiscal year 2024 to address
  performance audits 20P-05 and 22P-03 completed by the legislative audit division.
          (12)     Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall report to the judicial branch, law enforcement,
  and justice budget committee on the number of individuals in its custody on waiting lists for chemical addiction,
  sex offender treatment, or anger management. The information must be provided for each facility treatment
  type, and include community corrections providers.
          (13)     Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall provide to the judicial branch, law
  enforcement, and justice budget committee the names of offenders paroled during the prior quarter and the
  communities to which they were paroled.
          (14)     Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall provide to the judicial branch, law
  enforcement, and justice budget committee the names of offenders conditionally released during the prior
  quarter and the communities in which they are residing due to the conditional release.
          (15)     Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall provide to the judicial branch, law
  enforcement, and justice budget committee the numbers of offenders on probation in each city or town.
          (16)     Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall provide to the judicial branch, law
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68th Legislature 2023                                                                                              HB 916.1
  enforcement, and justice budget committee the numbers of offenders on parole, conditional release, or
  probation who are alleged to have committed felonies in the previous quarter and the communities in which the
  alleged crimes occurred.
           (17)        No later than September 1, 2024, and September 1, 2025, the department of corrections shall
  report to the judicial branch, law enforcement, and justice budget committee the number of occasions that the
  department of corrections used the authority provided in House Bill 426 from the 2023 legislative session in the
  prior fiscal year.
           (18)        Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall report to the judicial branch, law enforcement,
  and justice budget committee on the number of inmates on parole who remain incarcerated 30 days after their
  hearing and the basis for the continued incarceration.
           (19)        Beginning on October 15, 2023, and on the 15th day of the first month of every subsequent
  quarter in the 2025 biennium, the department of corrections shall report to the judicial branch, law enforcement,
  and justice budget committee on the number of inmates for each facility who are on a waiting list for vocational
  training and the training to be commenced when it is available.
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           NEW SECTION. Section 3.           The office of state public defender to report. (1) Beginning October
  15, 2023, and on the 15th day of the first month each quarter after that in the 2025 biennium, the office of state
  public defender shall report to the judicial branch, law enforcement, and justice budget committee on the tasks
  performed by attorneys and nonattorneys that were not required by statute or constitutional requirement and
  the amount of time dedicated to that work.
           (2)         Beginning October 15, 2023, and by the 15th day of the month following each quarter after that
  in the 2025 biennium, the office of state public defender shall report to the judicial branch, law enforcement, and
  justice budget committee on whether funding from Title IV-E of the Social Security Act provided all funding
  needed to provide legal representation for children and parents in child abuse and neglect proceedings in the
  preceding quarter and, if not, what necessary expenditures were made from other appropriated funds.
           (3)         Beginning October 15, 2023, and on the 15th day of the first month of each quarter after that in
  the 2025 biennium, the office of state public defender shall forward to the judicial branch, law enforcement, and
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68th Legislature 2023                                                                                            HB 916.1
  justice budget committee a report on the cases in the previous quarter in which the office of state public
  defender moved for waiver of the cost of counsel pursuant to 46-8-113(1) and the basis for the motion.
          (4)      No later than September 1, 2024, the office of state public defender shall report to the judicial
  branch, law enforcement, and justice budget committee on the time spent by employees and contractors in
  cases involving defendants in capital cases in fiscal year 2024 for each defendant.
          (5)      Beginning July 15, 2023, and on the 15th day of each quarter after that in the biennium, the
  office of state public defender shall report to the judicial branch, law enforcement, and justice budget committee
  on the number of employees of the office of state public defender qualified to be appointed as counsel for
  defendants in cases in which the state has elected to seek the death penalty.
          (6)      Beginning July 15, 2023, and on the 15th day of the first month of each quarter after that in the
  2025 biennium, the office of state public defender shall report to the judicial branch, law enforcement, and
  justice budget committee on any protocols issued pursuant to 47-1-104.
          (7)      Beginning October 15, 2023, and on the 15th day of the first month of each quarter after that in
  the 2025 biennium, the office of state public defender shall report the data required by 47-1-125(1)(b)(xi) to the
  judicial branch, law enforcement, and justice budget committee.
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          NEW SECTION. Section 4.        Department of justice to report. (1) The department of justice shall
  undertake a thorough review of the reports generated pursuant to 41-3-210(3) and report to the law and justice
  interim committee and the judicial branch, law enforcement, and justice budget committee no later than January
  15, 2024, on the status of reporting by county attorneys and the review by the department of justice of the
  county attorney reports and overall assessment of the law enforcement and prosecutorial response to reports
  from mandatory reporters and law enforcement agencies.
          (2)      No later than September 1 in each year of the 2025 biennium, the department of justice shall
  report to the law and justice interim committee and the judicial branch, law enforcement, and justice budget
  committee on the number of human trafficking investigations initiated by the department of justice in the prior
  fiscal years and the number of prosecutions generated from the investigations. The report must also include
  information on the sentences imposed for convictions obtained as a result of these prosecutions, including the
  names of the defendants and the crimes for which convictions were obtained.
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68th Legislature 2023                                                                                             HB 916.1
           (3)     By August 1, 2024, the department of justice shall provide a report to the judicial branch, law
  enforcement, and justice budget committee that documents the number of times the department of criminal
  investigations was asked to lead or participate in an investigation in the prior fiscal year but could not due to
  resource constraints. The report must provide the information by county.
           (4)     By August 1, 2024, the department of justice shall provide a report to the judicial branch, law
  enforcement, and justice budget committee documenting the number of times the prosecution services bureau
  was asked to lead or participate in a prosecution in the prior fiscal year but could not due to resource constraint.
  The report must provide the information by county.
           (5)     By August 1, 2024, the department of justice shall