Senate Bill No. 109

Introduced By holden

By Request of the Department of Corrections



A Bill for an Act entitled: "An Act relating to the department of corrections and correctional facilities; providing for certification by the department of corrections of appropriations for youth court and probation foster care placements; clarifying names of prisons and correctional facilities and the application of certain statutes to those prisons and facilities; requiring a psychosexual evaluation of certain offenders; providing for qualifications of persons conducting presentence investigations; providing for limited release from jail for purposes of employment; requiring that certain information be made available concerning a person's confinement; clarifying statutes relating to the powers of the department, correctional facilities, and prison industries training programs; amending sections 1-1-207, 3-5-901, 46-18-101, 46-18-111, 46-18-201, 46-18-225, 46-18-701, 46-23-201, 46-23-215, 46-23-401, 46-24-203, 46-24-212, 53-1-102, 53-1-103, 53-1-104, 53-1-202, 53-1-203, 53-1-301, 53-1-302, 53-30-101, 53-30-102, 53-30-105, 53-30-131, 53-30-132, 53-30-151, 53-30-503, and 87-2-802, MCA; and providing effective dates."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 1-1-207, MCA, is amended to read:

"1-1-207.   Miscellaneous terms. (1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1)(a)  "Bribe" means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in his the person's action, vote, or opinion in any public or official capacity.

(b) "Montana state prison" means the Montana state prison as defined in 53-30-101(3)(b).

(2)(c)  "Peace officer" has the meaning as defined in 46-1-202.

(d) "State prison" or "prison" means:

(i) the Montana state prison as described in 53-30-101(1);

(ii) the Montana women's prison as defined in 53-30-101(3)(c);

(iii) a Montana regional correctional facility;

(iv) a detention center in another jurisdiction detaining inmates from Montana pursuant to 53-30-106; or

(v) a combination of the facilities listed in this subsection (1)(d).

(3)(e)  "Vessel", when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place.

(2) Subsections (1)(b) and (1)(d) do not authorize a court to sentence a person to a correctional facility listed in those subsections."



Section 2.  Section 3-5-901, MCA, is amended to read:

"3-5-901.   State assumption of certain district court expenses -- designation as district court criminal reimbursement program. (1) To the extent that revenue is available under 61-3-509, the state shall fund:

(a)  the following district court expenses in criminal cases only:

(i)  salaries of court reporters;

(ii) fees for transcripts of proceedings;

(iii) witness fees and necessary expenses;

(iv) juror fees;

(v)  expenses for indigent defense; and

(vi) expenses for psychiatric examinations;

(b)  the district court expenses, as listed in subsection (1)(a), in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings; and

(c)  the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence:

(i)  transcript fees;

(ii) witness fees; and

(iii) expenses for psychiatric examinations.

(2)  If revenue received under 61-3-509 exceeds the amount appropriated by the legislature to fund the expenses of the appellate defender program, the excess amount is statutorily appropriated, as provided in 17-7-502, to the supreme court to fund the expenses described in subsections (1)(a) through (1)(c) and the costs of administering this section.

(3)  If money appropriated for the expenses listed in subsection (1):

(a)  exceeds the amount necessary to fully fund those expenses, up to $500,000 of the excess amount must be used for youth court and probation foster care placements if the department of corrections certifies to the supreme court that appropriations for youth court and probation foster care placements will be inadequate to fund those costs and remaining excess amounts must be used for district court grants as provided in 7-6-2352; or

(b)  is insufficient to fully fund those expenses, the county is responsible for payment of the balance."



Section 3.  Section 46-18-101, MCA, is amended to read:

"46-18-101.   Correctional policy. (1) It is the purpose of this section to declare the correctional policy of the state of Montana. Laws for the punishment of crime and for the rehabilitation of the convicted are drawn to implement the policy established by this section.

(2)  The correctional policy of the state of Montana is to protect society by preventing crime through punishment and rehabilitation of the convicted. The legislature finds that an individual is responsible for and must be held accountable for the individual's actions, including, whenever possible, the restoration of all pecuniary losses sustained by a victim of the offense. Corrections laws and programs must be implemented to impress upon each individual the responsibility for obeying the law. To achieve this end, it is the policy of the state to assure ensure that prosecution of criminal offenses occurs whenever probable cause exists and that punishment of the convicted is certain, timely, and consistent. Furthermore, it is the state's policy that persons convicted of a crime be dealt with in accordance with their individual characteristics, circumstances, needs, and potentialities. Finally, it is the policy of the state to recognize that the interests of crime victims should be considered so that, to the extent possible, victims of crime may be protected from threat of future harm by the offender.

(3)  (a) Sentences imposed upon those convicted of crime must be based primarily on the following:

(i)  the crime committed;

(ii) the prospects of rehabilitation of the offender;

(iii) the circumstances under which the crime was committed;

(iv) the criminal history of the offender; and

(v)  consideration of alternatives to imprisonment of the offender in the state prison or the women's correctional system.

(b)  Dangerous offenders who habitually violate the law and victimize the public must be removed from society and correctively treated in custody for long terms, as needed. Other offenders must be dealt with by probation, suspended sentence, community corrections, community service, or fine whenever the disposition appears practicable and not detrimental to the needs of public safety and the welfare of the individual. Whenever possible, sentences for offenders must include restitution to the victim, payment of costs as provided in 46-18-232, and payment of costs of court-appointed counsel as provided in 46-8-113.

(4)  It is also the policy of the state that alternatives to imprisonment, such as community corrections, should be used whenever appropriate for nonviolent felony offenders in order to provide them opportunities to gain work experience, to learn life skills, to obtain education and training, or to participate in other activities that will reduce recidivism and enable offenders to become productive members of society."



Section 4.  Section 46-18-111, MCA, is amended to read:

"46-18-111.   (Temporary) Presentence investigation -- when required. (1) Upon the acceptance of a plea or upon a verdict or finding of guilty to one or more felony offenses, the district court shall direct the probation officer to make a presentence investigation and report. The district court shall consider the presentence investigation report prior to sentencing. If the defendant was convicted of an offense under 45-5-502, 45-5-503, 45-5-504, 45-5-505, 45-5-507, or 45-5-625 involving a victim who was less than 16 years of age when the offense was committed, the investigation must include an evaluation of the defendant and a recommendation as to treatment of the offender in the least restrictive environment, considering community safety and offender needs. The evaluation must be completed by a person who is determined to be qualified under guidelines established by the department of corrections. All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9.

(2)  Unless the court makes a finding that a report is unnecessary, a defendant convicted of any offense not enumerated in subsection (1) that may result in incarceration for 1 year or more may not be sentenced before a written presentence investigation report by a probation officer is presented to and considered by the district court. The district court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor.

46-18-111.   (Effective July 1, 1997) Presentence investigation -- when required. (1) Upon the acceptance of a plea or upon a verdict or finding of guilty to one or more felony offenses, the district court shall direct the probation officer to make a presentence investigation and report. The district court shall consider the presentence investigation report prior to sentencing. If the defendant was convicted of an offense under 45-5-502, 45-5-503, 45-5-504, 45-5-505, or 45-5-507, or under 45-5-625, or 45-5-627 involving a victim who was less than 16 years of age when the offense was committed, the investigation must include an a psychosexual evaluation of the defendant and a recommendation as to treatment of the offender in the least restrictive environment, considering the risk the offender presents to the community safety and offender needs, unless the defendant was sentenced under 46-18-219. The evaluation must be completed by a person who is determined to be qualified under guidelines established by the department of corrections sex offender therapist who is a member of the Montana sex offender treatment association or has comparable credentials acceptable to the professional and occupational licensing bureau of the department of commerce. The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9.

(2)  Unless the court makes a finding that a report is unnecessary, The psychosexual evaluation required by subsection (1) may not be waived for a defendant convicted of any offense not an offense enumerated in subsection (1) that may result in incarceration for 1 year or more. A defendant convicted of an offense enumerated in subsection (1) may not be sentenced before a written presentence investigation report by a probation officer is presented to and considered by the district court. The district court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor sexual offense."



Section 5.  Section 46-18-201, MCA, is amended to read:

"46-18-201.   (Temporary) Sentences that may be imposed. (1) Whenever a person has been found guilty of an offense upon a verdict or a plea of guilty, the court may:

(a)  defer imposition of sentence, except as provided in 61-8-714 and 61-8-722 for sentences for driving under the influence of alcohol or drugs or as provided in 61-6-304, for a period, except as otherwise provided, not exceeding 1 year for any misdemeanor or for a period not exceeding 3 years for any felony. The sentencing judge may impose upon the defendant any reasonable restrictions or conditions during the period of the deferred imposition. Reasonable restrictions or conditions may include:

(i)  jail base release;

(ii) jail time not exceeding 180 days;

(iii) conditions for probation;

(iv) payment of the costs of confinement;

(v)  payment of a fine as provided in 46-18-231;

(vi) payment of costs as provided in 46-18-232 and 46-18-233;

(vii) payment of costs of court-appointed counsel as provided in 46-8-113;

(viii) with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321;

(ix) community service;

(x)  home arrest as provided in Title 46, chapter 18, part 10;

(xi) any other reasonable conditions considered necessary for rehabilitation or for the protection of society;

(xii) payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116; or

(xiii)  any combination of the restrictions or conditions in subsections (1)(a)(i) through (1)(a)(xii).

(b)  suspend execution of sentence for a period up to the maximum sentence allowed or for a period of 6 months, whichever is greater, for each particular offense. The sentencing judge may impose on the defendant any reasonable restrictions or conditions during the period of suspended sentence. Reasonable restrictions or conditions may include any of those listed in subsection (1)(a).

(c)  impose a fine as provided by law for the offense;

(d)  require payment of costs as provided in 46-18-232 or payment of costs of court-appointed counsel as provided in 46-8-113;

(e)  impose a county jail or state prison sentence, as provided in Title 45, for the offense or commit the defendant to the department of corrections for placement in an appropriate correctional institution or program;

(f)  with the approval of the facility or program, order the offender to be placed in a community corrections facility or program as provided in 53-30-321; or

(g)  impose any combination of subsections (1)(b) through (1)(f).

(2)  In addition to any penalties imposed pursuant to subsection (1), if the court finds that the victim of the offense has sustained a pecuniary loss, the court shall require payment of restitution to the victim as provided in 46-18-241 through 46-18-249. If the court determines that the defendant is unable to pay restitution, then it may impose, in addition to any other sentence, community service under 46-18-241.

(3)  If a financial obligation is imposed as a condition under subsection (1)(a), sentence may be deferred for a period not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony, regardless of whether any other conditions are imposed.

(4)  If any restrictions or conditions imposed under subsection (1)(a) or (1)(b) are violated, the court shall consider any elapsed time and either expressly allow part or all of it as a credit against the sentence or reject all or part as a credit. The court shall state its reasons in the order. Credit, however, must be allowed for jail or home arrest time already served.

(5)  Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended: 45-5-103, 45-5-202(3) relating to aggravated assault, 45-5-302(2), 45-5-303(2), 45-5-401(2), 45-5-502(3), 45-5-503(2) and (3), 45-9-101(2), (3), and (5)(d), 45-9-102(4), and 45-9-103(2).

(6)  Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102 may not be deferred or suspended.

(7)  Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of a defendant who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of the sentence was deferred, or execution of the sentence was suspended.

(8)  If the victim was less than 16 years old, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under 45-5-503, 45-5-504, 45-5-505, or 45-5-507 may not be deferred or suspended. Section 46-18-222 does not apply to the first 30 days of the imprisonment.

(9)  In imposing a sentence on a defendant convicted of a sexual or violent offense as defined in 46-23-502, the court may not waive the registration requirement provided in 46-18-254, 46-18-255, and Title 46, chapter 23, part 5.

(10) A person convicted of a sexual offense, as defined in 46-23-502, and sentenced to imprisonment in the state prison shall enroll in the educational phase of the prison's sexual offender program.

(11) In sentencing a nonviolent felony offender, the court shall first consider alternatives to imprisonment of the offender in the state prison, including placement of the offender in a community corrections facility or program. In considering alternatives to imprisonment, the court shall examine the sentencing criteria contained in 46-18-225. If the offender is subsequently sentenced to the a state prison or the women's correctional system, the court shall state its reasons why alternatives to imprisonment were not selected, based on the criteria contained in 46-18-225.

46-18-201.   (Effective July 1, 1997) Sentences that may be imposed. (1) Whenever a person has been found guilty of an offense upon a verdict or a plea of guilty, the court may:

(a)  defer imposition of sentence, except as provided in 61-8-714 and 61-8-722 for sentences for driving under the influence of alcohol or drugs or as provided in 61-6-304, for a period, except as otherwise provided, not exceeding 1 year for any misdemeanor or for a period not exceeding 3 years for any felony. The sentencing judge may impose upon the defendant any reasonable restrictions or conditions during the period of the deferred imposition. Reasonable restrictions or conditions may include:

(i)  jail base release;

(ii) jail time not exceeding 180 days;

(iii) conditions for probation;

(iv) payment of the costs of confinement;

(v)  payment of a fine as provided in 46-18-231;

(vi) payment of costs as provided in 46-18-232 and 46-18-233;

(vii) payment of costs of court-appointed counsel as provided in 46-8-113;

(viii) with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321;

(ix) community service;

(x)  home arrest as provided in Title 46, chapter 18, part 10;

(xi) any other reasonable conditions considered necessary for rehabilitation or for the protection of society;

(xii) payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116; or

(xiii)  any combination of the restrictions or conditions in subsections (1)(a)(i) through (1)(a)(xii).

(b)  suspend execution of sentence for a period up to the maximum sentence allowed or for a period of 6 months, whichever is greater, for each particular offense. The sentencing judge may impose on the defendant any reasonable restrictions or conditions during the period of suspended sentence. Reasonable restrictions or conditions may include any of those listed in subsection (1)(a).

(c)  impose a fine as provided by law for the offense;

(d)  require payment of costs as provided in 46-18-232 or payment of costs of court-appointed counsel as provided in 46-8-113;

(e)  impose a county jail or state prison sentence, as provided in Title 45, for the offense or commit the defendant to the department of corrections for placement in an appropriate correctional institution facility or program;

(f)  with the approval of the facility or program, order the offender to be placed in a community corrections facility or program as provided in 53-30-321; or

(g)  impose any combination of subsections (1)(b) through (1)(f).

(2)  In addition to any penalties imposed pursuant to subsection (1), if the court finds that the victim of the offense has sustained a pecuniary loss, the court shall require payment of restitution to the victim as provided in 46-18-241 through 46-18-249. If the court determines that the defendant is unable to pay restitution, then it may impose, in addition to any other sentence, community service under 46-18-241.

(3)  If a financial obligation is imposed as a condition under subsection (1)(a), sentence may be deferred for a period not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony, regardless of whether any other conditions are imposed.

(4)  If any restrictions or conditions imposed under subsection (1)(a) or (1)(b) are violated, the court shall consider any elapsed time and either expressly allow part or all of it as a credit against the sentence or reject all or part as a credit. The court shall state its reasons in the order. Credit, however, must be allowed for jail or home arrest time already served.

(5)  Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended: 45-5-103, 45-5-202(3) relating to aggravated assault, 45-5-302(2), 45-5-303(2), 45-5-401(2), 45-5-502(3), 45-5-503(2) and (3), 45-9-101(2), (3), and (5)(d), 45-9-102(4), and 45-9-103(2).

(6)  Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102 may not be deferred or suspended.

(7)  Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of a defendant who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of the sentence was deferred, or execution of the sentence was suspended.

(8)  If the victim was less than 16 years old, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under 45-5-503, 45-5-504, 45-5-505, or 45-5-507 may not be deferred or suspended. Section 46-18-222 does not apply to the first 30 days of the imprisonment.

(9)  In imposing a sentence on a defendant convicted of a sexual or violent offense as defined in 46-23-502, the court may not waive the registration requirement provided in 46-18-254, 46-18-255, and Title 46, chapter 23, part 5.

(10) A person convicted of a sexual offense, as defined in 46-23-502, and sentenced to imprisonment in the state prison shall enroll in and complete the educational phase of the prison's sexual offender program.

(11) In sentencing a nonviolent felony offender, the court shall first consider alternatives to imprisonment of the offender in the state prison, including placement of the offender in a community corrections facility or program. In considering alternatives to imprisonment, the court shall examine the sentencing criteria contained in 46-18-225. If the offender is subsequently sentenced to the a state prison or the women's correctional system, the court shall state its reasons why alternatives to imprisonment were not selected, based on the criteria contained in 46-18-225.

(12) Except as provided in 46-18-222, a provision of this section that conflicts with 46-18-219 does not apply to a person sentenced under 46-18-219."



Section 6.  Section 46-18-225, MCA, is amended to read:

"46-18-225.   (Temporary) Criteria for sentencing nonviolent felony offenders. Prior to sentencing a nonviolent felony offender to a term of imprisonment in the a state prison or the women's correctional system, the court shall take into account whether:

(1)  the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in the a state prison or the women's correctional system;

(2)  the needs of the offender can be better served in the community or in a facility or program other than the a state prison or the women's correctional system;

(3)  there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;

(4)  the offender acted under strong provocation;

(5)  the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;

(6)  the offender has no prior history of conviction for a criminal act or has led a law-abiding life for a substantial period of time before the commission of the present crime;

(7)  the offender's criminal conduct was the result of circumstances that are unlikely to recur;

(8)  the character and attitude of the offender indicate that the offender is likely to commit another crime;

(9)  the offender is likely to respond quickly to correctional or rehabilitative treatment; and

(10) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.

46-18-225.   (Effective July 1, 1997) Criteria for sentencing nonviolent felony offenders. Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in the a state prison or the women's correctional system, the court shall take into account whether:

(1)  the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in the a state prison or the women's correctional system;

(2)  the needs of the offender can be better served in the community or in a facility or program other than the a state prison or the women's correctional system;

(3)  there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;

(4)  the offender acted under strong provocation;

(5)  the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;

(6)  the offender has no prior history of conviction for a criminal act or has led a law-abiding life for a substantial period of time before the commission of the present crime;

(7)  the offender's criminal conduct was the result of circumstances that are unlikely to recur;

(8)  the character and attitude of the offender indicate that the offender is likely to commit another crime;

(9)  the offender is likely to respond quickly to correctional or rehabilitative treatment; and

(10) imprisonment of the offender would create an excessive hardship on the offender or the offender's family."



Section 7.  Section 46-18-701, MCA, is amended to read:

"46-18-701.   Parole Limited release during employment hours. (1) A court, after having sentenced a person to confinement in a county jail, may, in its discretion, upon request of the county attorney and sheriff of such the county and with the consent of the convicted person, order that any part of the imprisonment so imposed be served in confinement with parole limited release during the hours or periods the convicted person is actually employed.

(2)  Upon the issuance of such an order for limited release under this part, the sheriff shall arrange for the convicted person to continue his the person's regular employment without interruption insofar as is reasonably possible. However, said the prisoner shall must be confined in the county jail during the hours when he the prisoner is not employed."



Section 8.  Section 46-23-201, MCA, is amended to read:

"46-23-201.   (Temporary) Prisoners eligible for nonmedical parole. (1) Subject to the restrictions contained in subsections (2) through (4), the board may release on nonmedical parole by appropriate order any person confined in the Montana state prison or the women's correctional system, except persons under sentence of death and persons serving sentences imposed under 46-18-202(2), when in its opinion there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community.

(2)  A prisoner serving a time sentence may not be paroled under this section until the prisoner has served at least one-fourth of the prisoner's full term.

(3)  A prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.

(4)  A parole may be ordered under this section only for the best interests of society and not as an award of clemency or a reduction of sentence or pardon. A prisoner may be placed on parole only when the board believes that the prisoner is able and willing to fulfill the obligations of a law-abiding citizen.

46-23-201.   (Effective July 1, 1997) Prisoners eligible for nonmedical parole. (1) Subject to the restrictions contained in subsections (2) through (4), the board may release on nonmedical parole by appropriate order any person confined in the Montana state prison or the women's correctional system prison, except persons under sentence of death and persons serving sentences imposed under 46-18-202(2) or 46-18-219, when in its opinion there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community.

(2)  A prisoner serving a time sentence may not be paroled under this section until the prisoner has served at least one-fourth of the prisoner's full term.

(3)  A prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.

(4)  A parole may be ordered under this section only for the best interests of society and not as an award of clemency or a reduction of sentence or pardon. A prisoner may be placed on parole only when the board believes that the prisoner is able and willing to fulfill the obligations of a law-abiding citizen."



Section 9.  Section 46-23-215, MCA, is amended to read:

"46-23-215.   Conditions of parole. (1) A prisoner while on parole remains in the legal custody of the institution correctional facility from which the prisoner was released but is subject to the orders of the board.

(2)  When an order for parole is issued, it must recite the conditions of parole. If restitution was imposed as part of the sentence under 46-18-201, the order of parole must contain a condition to pay restitution to the victim. An order for parole or any parole agreement signed by a prisoner may contain a clause waiving extradition.

(3)  Whenever a prisoner in the Montana state prison or the Montana women's prison has been approved for parole on condition that the prisoner obtain employment or secure suitable living arrangements or on any other condition that is difficult to fulfill while incarcerated, the warden may grant the prisoner a furlough, not to exceed 10 days, for purposes of fulfilling the condition. While on furlough, the prisoner remains in the legal custody of the prison and is subject to all other conditions recited by the board."



Section 10.  Section 46-23-401, MCA, is amended to read:

"46-23-401.   Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1)  "Applicant" means any prisoner who is eligible under 46-23-411 and who signs an application to participate in the supervised release program.

(2)  "Board" means the board of pardons and parole provided for in 2-15-2302.

(3)  "Department" means the department of corrections provided for in 2-15-2301.

(4)  "Prisoner" means a person sentenced by a state district court to a term of confinement in the state prison.

(5)  "Sponsor" means any federal, state, county, local, or private agency, Indian tribe and reservation, or any person, group, association, or organization approved by the department to undertake the supervision of prisoners participating in the supervised release program.

(6)  "State prison" means the Montana state prison at Deer Lodge, the Montana women's prison, or any adult correctional facility designated by the department.

(7)  "Supervising agent" means a probation and parole officer of the department."



Section 11.  Section 46-24-203, MCA, is amended to read:

"46-24-203.   Prompt notification to victims and witnesses of certain offenses. (1) A person described in subsection (2) who provides the appropriate official with a current address and telephone number must receive prompt advance notification, if possible, of proceedings relating to the person's case, including:

(a)  the arrest of an accused;

(b)  the release of the accused pending judicial proceedings;

(c)  the crime with which the accused has been charged, including an explanation of the elements of the offense when necessary to an understanding of the nature of the crime;

(d)  proceedings in the prosecution of the accused, including entry of a plea of guilty and the setting of a trial date;

(e)  if the accused is convicted or pleads guilty,:

(i) the function of a presentence report;

(ii) the name, office address, and telephone number of the person preparing the report; and

(iii) the convicted person's right of access to the report, as well as the victim's right under 46-18-115 to present a statement in writing or orally at the sentencing proceeding and the convicted person's right to be present at the sentencing proceeding and to have access to the victim's statement;

(f)  the date, time, and place of any sentencing hearing, the sentence imposed, and the term of imprisonment, if imposed; and

(g)  the right under 46-24-212 of a victim of a felony offense to receive information from the department of corrections concerning the convicted person's incarceration person.

(2)  A person entitled to notification under subsection (1) must be a victim or witness of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim, a relative of such a victim or witness who is a minor, or a relative of a homicide victim."



Section 12.  Section 46-24-212, MCA, is amended to read:

"46-24-212.   Information concerning confinement. Upon request of a victim of a felony offense, the department of corrections or the board of pardons and parole, as applicable, shall:

(1)  promptly inform the victim of the following information concerning a prisoner committing the offense:

(a) the custody level;

(b) the projected discharge or parole eligibility date;

(c) the estimated actual date of the prisoner's release discharge from confinement in the Montana state prison or parole, if reasonably ascertainable;

(2)(d) promptly inform the victim of the time and place of a parole hearing concerning the prisoner and of the victim's right to submit a statement to the board of pardons and parole under 46-23-202; and

(e) the community in which the prisoner will reside after parole;

(3)(2)  provide reasonable advance notice to the victim before release of the defendant on furlough or to a work-release program, half-way house, or other community-based program or correctional facility; and

(4)(3)  promptly inform the victim of the occurrence of any of the following events concerning the prisoner:

(a)  an escape from a correctional or mental health facility or community program;

(b)  a recapture;

(c)  a decision of the board of pardons;

(d)  a decision of the governor to commute the sentence or to grant executive clemency;

(e)  a release from confinement and any conditions attached to the release; and

(f)  the prisoner's death."



Section 13.  Section 53-1-102, MCA, is amended to read:

"53-1-102.   Removal of patients from state custodial institutions or correctional facilities without permission a misdemeanor. (1) A person, other than a parent or one having legal custody of the person of the a patient or inmate, who permits or assists a resident patient or inmate of a state custodial institution or correctional facility to leave the institution or facility without permission from the properly authorized member of the staff or proper court order is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail not exceeding 6 months or by a fine not exceeding $500, or both.

(2)  Nothing herein is to This section may not be construed to conflict with laws relative to inmates of the a Montana state prison."



Section 14.  Section 53-1-103, MCA, is amended to read:

"53-1-103.   Distribution of alcoholic beverages or drugs to patients at state custodial institutions or correctional facilities a misdemeanor. (1) A person who knowingly sells or distributes or attempts to sell or distribute alcoholic beverages or drugs to the resident patients or inmates of a state custodial institution or correctional facility without permission of the medical staff is guilty of a misdemeanor and, upon conviction, is punishable by imprisonment in a county jail not exceeding 6 months or by a fine not exceeding $500, or both.

(2)  Nothing herein is to This section may not be construed to conflict with laws relative to inmates of the a Montana state prison."



Section 15.  Section 53-1-104, MCA, is amended to read:

"53-1-104.   Release of arsonist -- notification of department of justice. (1) Each of the following institutions or, correctional facilities, or other facilities having the charge or custody of a person convicted of arson or of a person acquitted of arson on the ground of mental disease or defect shall give written notification to the department of justice whenever when the person is admitted or released by it:

(a)  Montana state hospital;

(b)  state a Montana prison;

(c)  Mountain View school a Montana youth correctional facility; or

(d)  Pine Hills school; or

(e)  any a county or city detention facility.

(2)  The notification must disclose:

(a)  the name of the person;

(b)  where the person is or will be located; and

(c)  the type of fire the person was involved in."



Section 16.  Section 53-1-202, MCA, is amended to read:

"53-1-202.   (Temporary) Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.

(2)  Adult corrections services consist of the following institutional components correctional facilities or programs to incarcerate and rehabilitate felons pursuant to Title 46, chapter 18:

(a)  the Montana state prison;

(b)  the Montana women's correctional system prison; and

(c)  appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:

(i)  in prerelease centers;

(ii) under intensive supervision;

(iii)  under parole or probation pursuant to Title 46, chapter 23, part 2; or

(iv) in other appropriate programs.

(3)  Youth correctional services consist of the following institutional components to diagnose, care for, train, educate, and rehabilitate correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth pursuant to Title 52, chapter 5:

(a)  Mountain View school;

(b)(a)  Pine Hills school or other juvenile correctional facility; and

(c)(b)  any other institution facility or program that provides care custody and services for delinquent youth.

(4)  A state institution or facility may not be moved, discontinued, or abandoned without the consent of the legislature.

53-1-202.   (Effective on occurrence of contingency) Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.

(2)  Adult corrections services consist of the following institutional components correctional facilities or programs to incarcerate and rehabilitate felons pursuant to Title 46, chapter 18:

(a)  the Montana state prison;

(b)  the Montana women's correctional system prison;

(c)  appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:

(i)  in prerelease centers;

(ii) under intensive supervision;

(iii)  under parole or probation pursuant to Title 46, chapter 23, part 2; or

(iv) in other appropriate programs; and

(d)  the forensic unit at Warm Springs.

(3)  Youth correctional services consist of the following institutional components to diagnose, care for, train, educate, and rehabilitate correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth pursuant to Title 52, chapter 5:

(a)  Mountain View school;

(b)(a)  Pine Hills school or other juvenile correctional facility; and

(c)(b)  any other institution facility or program that provides care custody and services for delinquent youth.

(4)  A state institution or correctional facility may not be moved, discontinued, or abandoned without the consent of the legislature."



Section 17.  Section 53-1-203, MCA, is amended to read:

"53-1-203.   Powers and duties of department of corrections. (1) The department of corrections shall:

(a)  adopt rules necessary to carry out the purposes of 41-5-527 through 41-5-529 and rules for the admission, custody, transfer, and release of persons in department programs except as otherwise provided by law. However, rules adopted by the department may not amend or alter the statutory powers and duties of the state board of pardons and parole.

(b)  subject to the functions of the department of administration, lease or purchase lands for use by institutions correctional facilities and classify those lands to determine those that may be most profitably used for agricultural purposes, taking into consideration the needs of all institutions correctional facilities for the food products that can be grown or produced on the lands and the relative value of agricultural programs in the treatment or rehabilitation of the persons confined in the institutions correctional facilities;

(c)  contract with private, nonprofit Montana corporations to establish and maintain community-based prerelease centers for purposes of preparing inmates of the a Montana state prison who are approaching parole eligibility or discharge for release into the community. The centers shall provide a less restrictive environment than the prison while maintaining adequate security. The centers must be operated in coordination with other department correctional programs, including the supervised release program provided for in Title 46, chapter 23, part 4. This subsection does not affect the department's authority to operate and maintain community-based prerelease centers.

(d)  utilize the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;

(e)  propose programs to the legislature to meet the projected long-range needs of institutions correctional facilities, including programs and facilities for the diagnosis, treatment, care, and aftercare of persons placed in institutions correctional facilities;

(f)  encourage the establishment of programs at the local and institutional facility level for the rehabilitation and education of adult felony offenders;

(g)  administer all state and federal funds allocated to the department for youth in need of supervision and delinquent youth, as defined in 41-5-103;

(h)  collect and disseminate information relating to youth in need of supervision and delinquent youth;

(i)  maintain adequate data on placements that it funds in order to keep the legislature properly informed of the specific information, by category, related to youth in need of supervision and delinquent youth in out-of-home care facilities;

(j)  provide funding for and place youth who are alleged or adjudicated to be delinquent or in need of supervision and who are referred or committed to the department;

(k)  administer youth correctional facilities;

(l)  provide supervision, care, and control of youth released from a state youth correctional facility; and

(m)  use to maximum efficiency the resources of state government in a coordinated effort to:

(i)  provide for children in need of temporary protection or correctional services delinquent youth committed to the department; and

(ii) coordinate and apply the principles of modern institutional corrections administration to the institutions in the department facilities and programs.

(2)  The department and a private, nonprofit Montana corporation may not enter into a contract under subsection (1)(c) for a period that exceeds 10 years. The provisions of 18-3-104 and 18-4-313 that limit the term of a contract do not apply to a contract authorized by subsection (1)(c).

(3)  The department of corrections may enter into contracts with nonprofit corporations or associations or private organizations to provide substitute care for youth in need of supervision and delinquent youth in youth care correctional facilities."



Section 18.  Section 53-1-301, MCA, is amended to read:

"53-1-301.   Permitted institutional or correctional facility industries, powers of departments, and incentive pay to inmates. (1) Except as provided in subsection (4), the department of corrections or the department of public health and human services may:

(a)  establish industries in institutions or correctional facilities that will result in the production or manufacture of products and the rendering of services as may be needed by any department or agency of the state or any political subdivision of the state, by any agency of the federal government, by any other states or their political subdivisions, or by nonprofit organizations and that will assist in the rehabilitation of residents in institutions;

(b)  obtain federal certification of specific prison industries programs in order to gain access to interstate markets for prison industries products;

(c)  contract with private industry for the sale of goods or components manufactured or produced in shops under its jurisdiction and for the employment of inmates in federally certified prison industries programs;

(d)  print catalogs describing goods manufactured or produced by institutions or correctional facilities and distribute the catalogs;

(e)  fix the sale price for goods produced or manufactured at institutions or correctional facilities. Prices may not exceed prices existing in the open market for goods of comparable quality.

(f)  require institutions or correctional facilities to purchase needed goods from other institutions or correctional facilities;

(g)  provide for the repair and maintenance of property and equipment of institutions or correctional facilities by their residents of institutions;

(h)  provide for construction projects, up to the aggregate sum of $25,000 per project, performed by residents of institutions or correctional facilities, except when the construction work is covered by a collective bargaining agreement;

(i)  provide for the repair and maintenance at an institution or correctional facility of furniture and equipment of any state agency;

(j)  provide for the manufacture at an institution or correctional facility of motor vehicle license plates and other related articles;

(k)  sell manufactured or agricultural products and livestock on the open market;

(l)  provide for the manufacture at an institution or correctional facility of highway, road, and street marking signs for the use of the state or any of its political subdivisions, except when the manufacture of the signs is in violation of a collective bargaining contract;

(m)  pay an inmate or resident of an institution or correctional facility from receipts from the sale of products produced or manufactured or services rendered in a program in which the inmate or resident is working;

(n)  collect 15% of the net wages paid to an inmate employed in a federally certified prison industries program for deposit in the Montana crime victims compensation and assistance account established under 53-9-109; and

(o)  collect from an inmate employed in a federally certified prison industries program charges for room and board consistent with charges established by the director for inmates assigned to prerelease centers.

(2)  (a) Except as provided for in subsection (2)(b), payment for the performance of work may be based on the following criteria:

(i)  knowledge and skill;

(ii) attitude toward authority;

(iii) physical effort;

(iv) responsibility for equipment and materials; and

(v)  regard for safety of others.

(b)  The maximum rate of pay must be determined by the appropriation established for each program, except that an inmate employed in a federally certified prison industries program must be paid at a rate not less than the rate paid for similar work in the locality where the inmate performs the work.

(3)  Premiums for workers' compensation and occupational disease coverage for federally certified prison industries programs must be paid by the prison industries program or by the department of corrections. If the department of corrections pays the premium, reimbursement for premium payments for workers' compensation and occupational disease coverage must be made to the department of corrections by the private company contracting with the federally certified prison industries program for services and products.

(4)  Except as provided in subsection (5), furniture made in the a prison may be purchased by state agencies in accordance with the procurement provisions under Title 18, chapter 4. All other prison-made furniture may be sold only through licensed wholesale or retail furniture outlets or through export firms for sale to international markets.

(5)  Any state institution, correctional facility, or program operated by the department of corrections may purchase prison-made furniture without complying with the procurement provisions under Title 18, chapter 4."



Section 19.  Section 53-1-302, MCA, is amended to read:

"53-1-302.   Disposition of receipts from sale of goods. Receipts from the sale of goods produced or manufactured by an institution shall or correctional facility must be deposited in the appropriate enterprise or internal service fund for the use of the industries program of the institution or facility."



Section 20.  Section 53-30-101, MCA, is amended to read:

"53-30-101.   Location and function of prison and women's correctional system prisons -- definitions. (1) The institution correctional facility at Deer Lodge is the Montana state prison and as its primary function provides facilities is to provide for the custody, treatment, training, and rehabilitation of adult male criminal offenders. The custody, treatment, training, and rehabilitation of adult male offenders may also occur at a correctional facility in another jurisdiction pursuant to an agreement as provided in 53-30-106.

(2)  The institution correctional facility located in Billings is the Montana women's correctional system prison, and its primary function is to provide facilities for the custody, treatment, training, and rehabilitation of adult female criminal offenders.

(3) As used in this title, unless the context indicates otherwise, the following definitions apply:

(a) "Montana prison" means:

(i) the Montana state prison;

(ii) the Montana women's prison;

(iii) a Montana regional correctional facility;

(iv) a detention center in another jurisdiction detaining inmates from Montana pursuant to 53-30-106; or

(v) a combination of the facilities listed in this subsection (3)(a).

(b) "Montana state prison" means:

(i) the correctional facility located at Deer Lodge;

(ii) a Montana regional correctional facility; or

(iii) a detention center in another jurisdiction detaining inmates from Montana pursuant to 53-30-106.

(c) "Montana women's prison" or "women's prison" means:

(i) the correctional facility located at Billings;

(ii) a Montana regional correctional facility; or

(iii) a detention center in another jurisdiction detaining inmates from Montana pursuant to 53-30-106."



Section 21.  Section 53-30-102, MCA, is amended to read:

"53-30-102.   Qualifications of warden of state prison and warden of women's correctional system prison. The warden of the Montana state prison and the warden of the women's correctional system prison must be persons trained through education and experience in directing a training, rehabilitation, or custodial program in a penal institution."



Section 22.  Section 53-30-105, MCA, is amended to read:

"53-30-105.   (Temporary) Good time allowance. (1) The department of corrections may grant a good time allowance to inmates housed at an adult correctional facility or a supervised release program facility. The good time allowance may operate as a credit on the inmate's sentence as imposed by the court, conditioned upon the inmate's good behavior and compliance with the rules adopted by the department. The department may not grant good time allowance to exceed 1 day for each day served at an adult correctional facility or a supervised release program facility.

(2)  In the event of an attempted escape by an inmate or a violation of the rules prescribed by the department, the inmate may be punished by the forfeiture of part or all good time allowances.

(3)  A person may not earn good time under this section while the person is on probation. A person may earn good time while on parole at the rate of 1 day per day served on parole. If the department determines that a person has violated the conditions of parole, it may, in its discretion, deduct good time credit accumulated under this subsection in an amount up to and including all credit accumulated on the date of the violation.

(4)  The department may restore all or portions of any previously forfeited good time as a result of subsequent good behavior.

(5)  If the population at the Montana state prison or the Montana women's correctional system prison exceeds the design capacity of the institution, the department may grant an inmate additional good time credits in an amount necessary to permit the inmate to become eligible for parole or to discharge the inmate's sentence. Good time credits for the discharge of a sentence may not exceed 180 days. The award of good time under this subsection must generally be provided to inmates who are nearest to parole eligibility or discharge. (Repealed effective January 31, 1997--secs. 12(2), 13, Ch. 372, L. 1995.)"



Section 23.  Section 53-30-131, MCA, is amended to read:

"53-30-131.   Prison industries training program -- purpose and scope. (1) In addition to any institutional correctional facility industry operated at the a Montana state prison under Title 53, chapter 1, part 3, the department of corrections shall conduct a prison industries training program.

(2)  The purpose of the prison industries training program is to:

(a)  provide innovative and progressive inmate reformation and rehabilitation possibilities by exposing inmates to worthwhile training;

(b)  prepare inmates for release by providing industries at the prison that utilize their skills, thus providing experience beyond mere training, inculcating inmates with good production and work habits, and providing them with a means to earn money that will be available to them upon release.

(3)  The prison industries training program consists of vocational training, on-the-job training, and production experience. The department may contract with public and private vocational education entities to provide this training.

(4)  The program may provide training and experience involving cultivation, production, repair, construction, refurbishment, service, and related processes involving personal property, including but not limited to such items as crops, livestock, furniture, office and electrical equipment, and motor vehicles. The products and services, with the exception of livestock and agricultural products produced from the Montana state prison ranch and products or services of a federally certified prison industries program, may be provided only to state agencies, local government units, school districts, authorities, and other governmental entities."



Section 24.  Section 53-30-132, MCA, is amended to read:

"53-30-132.   Inmate participation and status -- prison industries and vocational training program -- wages and benefits. (1)  While engaged in on-the-job training and production, inmates not employed in a federally certified prison industries program may be paid a wage commensurate with their production function in accordance with 53-1-301(2). Wages must be established at a rate that encourages efficient production and effective levels of inmate participation. Inmates employed in a federally certified prison industries program must be paid as provided in 53-1-301(2).

(2)  Inmates not working in a federally certified prison industries training program are not employees, either public or private, and employment rights accorded other classes of workers do not apply to the inmates. Inmates working in a federally certified prison industry program are entitled to coverage and benefits as provided in 39-71-744.

(3)  Able-bodied persons committed to the a Montana state prison as adult offenders must be required to perform work as provided for by the department of corrections, including the manufacture of products or the rendering of services."



Section 25.  Section 53-30-151, MCA, is amended to read:

"53-30-151.   Prison maintenance by inmates. An inmate of the a Montana state prison may be required to:

(1)  keep his own the living quarters assigned to that inmate clean and orderly;

(2)  perform general maintenance and repair work on prison grounds and facilities and assist in providing services essential to the administration of the prison, including but not limited to food and laundry services."



Section 26.  Section 53-30-503, MCA, is amended to read:

"53-30-503.   Definitions. As used in this part, the following definitions apply:

(1)  "Department" means the department of corrections.

(2)  "Interlocal cooperation commission" means a commission established in accordance with Title 7, chapter 11, part 2.

(3)  "Local governmental entity" means:

(a)  a local governmental unit;

(b)  a multijurisdictional service district; or

(c)  an interlocal cooperation commission.

(4)  "Multijurisdictional service district" means a district established in accordance with Title 7, chapter 11, part 11.

(5)  "Regional correctional facility" means a correctional facility, except the Montana state prison, the women's correctional system prison, or the Swan River boot camp, designed, constructed, or operated under this part by a local governmental entity or the department, or both, for the housing of convicted felons."



Section 27.  Section 87-2-802, MCA, is amended to read:

"87-2-802.   Veterans in VA hospitals and residents of state institutions. Any veteran who is a patient residing at a hospital operated by the department of veterans affairs, within or outside the state, and residents of all correctional facilities and institutions under the jurisdiction of the department of corrections and the department of public health and human services, except the Montana state prison at Deer Lodge or the Montana women's correctional system prison, will be entitled to may fish without a license. The residents shall carry a permit on a form prescribed by the department and signed by the superintendent of the institution in lieu of a license."



NEW SECTION. Section 28.  Effective dates. (1) Except as provided in subsections (2) and (3), [this act] is effective October 1, 1997.

(2) [Section 16 and this section] are effective on passage and approval.

(3) [Section 4] is effective July 1, 1997.

-END-