House Joint Resolution No. 19

Introduced By mercer, halligan, feland, menahan



A Joint Resolution of the Senate and the House of Representatives of the state of Montana requesting an interim study of correctional standards; and requiring a report of the findings of the study to the 56th Legislature.



WHEREAS, it is the intent of the Legislature of the State of Montana to examine minimum standards for correctional facilities; and

WHEREAS, uniform and agreed-upon minimum standards for correctional facilities, consistent with fundamental civil and constitutional rights, will restore public confidence in the correctional system by ensuring that those standards are set in a manner that provides for public safety, crime prevention, and reformation and punishment of offenders; and

WHEREAS, an interim committee provides an opportunity to develop these standards over a period of time that allows for study and debate.



NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

(1) That an appropriate interim committee must be assigned to study and to make recommendations for minimum standards for correctional facilities, including county jails, state prisons, regional prison facilities, and juvenile detention facilities and for private facilities if authorized by law.

(2) That the committee shall review legislation from past legislative sessions and any standards that may have been developed in the past by any state or federal agency or private organization, including the standards developed by the Montana Sheriffs and Peace Officers Association and the Montana Association of Counties and current state and local building codes.

(3) That the committee shall review state, local, and federal law and regulations, current state and local building codes, and court decisions that have a bearing on the development of minimum standards for correctional facilities.

(4) That the committee shall review methods by which to ensure compliance with minimum statewide standards and current state and local building codes, review any impediments to agencies in complying with those codes and minimum standards, and make recommendations accordingly.

(5) That the minimum standards must include the minimal services that must be provided to fulfill constitutional mandates.

(6) That the minimum standards must be set in a manner that provides for public safety, crime prevention, and reformation and punishment of offenders and that complies with current state and local building codes.

(7) That the committee is authorized to secure information or assistance of any type from any governmental agency, board, or commission or from any independent organization. Any state agency, board, or commission shall supply information upon request of the committee.

(8) That the committee shall submit to the 56th Legislature a report of its findings and conclusions and include a complete set of proposed minimum standards and copies of proposed legislation.

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