House Bill No. 272

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act making permanent the commission on sentencing; providing for staggered terms of commission members; authorizing the commission to develop a system of voluntary sentencing guidelines for use on an experimental basis; directing the commission to review currently available correctional resources and current laws concerning correctional policy, criminal penalties, length of sentences, and sentencing options; directing the commission to make recommendations to the governor and the legislature regarding sentencing and correctional statutes; authorizing the commission to sponsor and carry out a public information program concerning correctional resources and sentencing and correctional laws; amending sections 46-18-130 and 46-18-131, MCA; repealing section 46-18-132, MCA, and section 5, chapter 306, laws of 1995; and providing an immediate effective date."



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



Section 1.  Section 46-18-130, MCA, is amended to read:

"46-18-130.  (Temporary) Commission on sentencing -- definition. (1) There is a commission on sentencing. The commission is allocated to the department of corrections for administrative purposes only, as provided in 2-15-121.

(2)  The commission consists of:

(a)  two members of the house of representatives, selected by the speaker of the house of representatives, no more than one of whom may be from the same political party;

(b)  two members of the senate, selected by the president of the senate, no more than one of whom may be from the same political party;

(c)  two district court judges selected by the chief justice of the Montana supreme court;

(d)  the director of the department of corrections or the director's designee; and

(e)  the following persons appointed by the governor:

(i)  a county attorney;

(ii) a criminal defense attorney;

(iii) a probation and parole officer;

(iv) a county sheriff;

(v)  a chief of police;

(vi) a member of the board of pardons;

(vii) an employee of the department of justice; and

(viii) two members of the public, one of whom must be a victim of a crime for which a sentence of death or of imprisonment for more than 1 year was imposed.

(3)  Appointments under subsection (2) must be made within 60 days after March 31, 1995.

(4)  The commission shall select a presiding officer from its members.

(5)  The commission shall meet at least quarterly. Unless the context requires otherwise, in 46-18-131, "commission" means the commission on sentencing provided for in [section 3]. (Terminates May 31, 1997--sec. 5, Ch. 306, L. 1995.)"



Section 2.  Section 46-18-131, MCA, is amended to read:

"46-18-131.  (Temporary) Duties Commission on sentencing -- duties -- compilation of data -- voluntary sentencing guidelines. (1) The commission shall monitor criminal sentencing practices in Montana and develop recommendations for changes needed to achieve a consistent, effective, humane, and rational sentencing system. The commission shall compile statewide data that includes data on:

(a) the present sentencing and release practices in Montana;

(b) correctional populations;

(c) whether sentencing disparities exist in sentencing similar offenders for similar crimes;

(d) whether current sentencing options provide an appropriate range of sentences to protect the victim and society and to allow adequate opportunity for treatment of nonviolent or first-time offenders; and

(e) whether the current sentencing laws and practices for felony offenses are overburdening correctional resources in Montana.

(2) The commission may shall review currently available correctional resources and the current laws concerning correctional policy, criminal penalties, length of sentences, and sentencing options and shall:

(1)(a)  collect and study data, studies, and research from public and private entities concerning sentencing processes and guidelines;

(2)(b)  publish or distribute material concerning sentencing processes, sentencing guidelines, sentences imposed, and the effect of those sentences;

(3)(c)  prior to each legislative session, make recommendations to the 55th legislature governor and the legislature concerning modification or enactment of sentencing and correctional statutes that the commission believes is are necessary or advisable to carry out an a consistent, effective, humane, and rational sentencing policy and to develop a continuum of sentences to deal with all felony offenders, within available resources; and

(4)  make a recommendation to the 55th legislature as to whether the commission should be continued in existence;

(5)(d)  identify monitor the impact of truth-in-sentencing laws and the elimination of good time credits and sentencing guidelines on the criminal justice system, including impacts on sentencing practices and on the correctional resources in the state; and.

(6)  make a recommendation to the 55th legislature concerning the advisability of good time credits. (Terminates May 31, 1997--sec. 5, Ch. 306, L. 1995.)

(3) By [1 year after the effective date of this act], the commission shall develop a system of voluntary sentencing guidelines. In establishing the voluntary sentencing guidelines, the primary consideration of the commission must be public safety and the restoration of the victim. Following development of the guidelines, the courts may use the guidelines on an experimental basis. Use of the guidelines by a court, or the choice of a court not to use the guidelines, does not confer any rights on a defendant regarding the use or nonuse of the guidelines by a court that sentences the defendant. An offender sentenced under the guidelines remains subject to the parole process, as otherwise provided by law, unless the sentencing court specifies that the offender is ineligible for parole.

(4)  The guidelines may specify:

(a)  the range of sentences applicable to each crime;

(b)  a range of sentences for a defendant previously convicted of a felony or felonies or convicted of a crime involving the use of a deadly weapon;

(c)  variations from the range of applicable sentences because of aggravating or mitigating circumstances;

(d)  the circumstances under which imprisonment of an offender is proper;

(e)  a suggested sentence for offenders for whom imprisonment is proper, based upon an evaluation of the crime committed, the circumstances under which the crime was committed, and the criminal history of the offender; and

(f)  appropriate sanctions for an offender for whom imprisonment is not proper.

(5) The commission may evaluate and obtain comment on the system of voluntary guidelines while it is in place.

(6) The commission shall sponsor and carry out a public information program to advise the general public, including participants in the criminal justice system, about the currently available correctional resources and current laws concerning correctional policy, criminal penalties, length of sentences, and sentencing options.

(7) In carrying out its duties under this section, the commission shall work with participants in the criminal justice system, including courts, probation and parole officers, law enforcement, victims, prosecutors, defense attorneys, the department of corrections, the board of crime control, and other interested parties."



NEW SECTION. Section 3.  Commission on sentencing -- composition -- allocation. (1) There is a commission on sentencing. The commission is allocated to the department of corrections for administrative purposes only, as provided in 2-15-121.

(2)  The commission consists of the director of the department of corrections or the director's designee, the presiding officer of the board of pardons and parole or the presiding officer's designee, and 14 members appointed as follows:

(a)  two members of the house of representatives appointed by the speaker, each from a different political party;

(b)  two members of the senate appointed by the president, each from a different political party;

(c)  two district court judges selected by the chief justice of the Montana supreme court; and

(d)  the following persons appointed by the governor:

(i)  a county attorney;

(ii) a criminal defense attorney;

(iii) a probation and parole officer;

(iv) a county sheriff;

(v)  a chief of police;

(vi) an employee of the department of justice; and

(vii) two members of the public, one of whom must be a victim of a crime for which a sentence of death or of imprisonment for more than 1 year was imposed.

(3) (a)  The director of the department of corrections and the presiding officer of the board of pardons and parole, or their designees, shall serve terms concurrent with the gubernatorial term and until their successors are appointed.

(b) Appointed members shall serve staggered 2-year terms and until their successors are appointed, except that initial appointments must be made as follows:

(i) the two house members to terms that expire December 31, 1998;

(ii) one senate member to a term that expires December 31, 1998, and one senate member to a term that expires December 31, 1999;

(iii) one district court judge to a term that expires December 31, 1998, and one district court judge to a term that expires December 31, 1999; and

(iv) four members appointed by the governor to terms that expire December 31, 1998, and four members to terms that expire December 31, 1999.

(4) The terms of commission members run with the position, and if a vacancy occurs, the appointing authority shall appoint a person to fill the unexpired portion of the term. A vacancy must be filled in the manner of the original appointment. Members may be reappointed.

(5) A legislative member position is vacant if the person no longer serves in the legislature. The position of a member appointed by the governor or chief justice is vacant if that person becomes a legislator.

(6)  The commission shall select a presiding officer from its members.

(7)  The commission shall meet at least quarterly.



NEW SECTION. Section 4.  Repealer. Section 46-18-132, MCA, and section 5, Chapter 306, Laws of 1995, are repealed.



NEW SECTION. Section 5.  Codification instruction. [Section 3] is intended to be codified as an integral part of Title 2, chapter 15, part 23, and the provisions of Title 2, chapter 15, part 23, apply to [section 3].



NEW SECTION. Section 6.  Effective date. [This act] is effective on passage and approval.

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