By Request of the Law and Justice Interim Committee
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE STRUCTURE AND STAFFING OF THE BOARD OF CRIME CONTROL; PROVIDING THAT THE BOARD IS ALLOCATED TO THE DEPARTMENT OF JUSTICE FOR ADMINISTRATIVE PURPOSES ONLY; ALLOWING THE BOARD TO HIRE ITS OWN PERSONNEL; ELIMINATING THE CRIME CONTROL BUREAU IN THE DEPARTMENT OF CORRECTIONS; AMENDING SECTION 2-15-2306, MCA; REPEALING SECTION 2-15-2307, MCA; AND PROVIDING EFFECTIVE DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-15-2306, MCA, is amended to read:
"2-15-2306. Board of crime control -- composition -- allocation. (1) There is a board of crime control.
(2) The board is allocated to the department of corrections justice for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel and 2-15-121(2)(d) does not apply.
(3) The board is composed of 18 members appointed by the governor in accordance with 2-15-124 and any special requirements of Title I of the Omnibus Crime Control and Safe Streets Act, as amended. The board must be representative of state and local law enforcement and criminal justice agencies, including agencies directly related to the prevention and control of juvenile delinquency, units of general local government, and public agencies maintaining programs to reduce and control crime and must include representatives of citizens and professional and community organizations, including organizations directly related to delinquency prevention."
Section 2. Transition -- implementation procedure -- legislative intent. (1) Except as provided in subsections (2) and (5), the provisions of 2-15-131 through 2-15-137 govern the transfer of the board of crime control and the board's functions from the department of corrections to the department of justice.
(2) The staff of the board of crime control, the department of justice, and the department of corrections shall develop a transition plan to allow for the least impactful transition of the board to the department of justice. The plan must be presented to the law and justice interim committee no later than June 30, 2021.
(3) From July 1, 2021, to December 31, 2021, the staff of the board of crime control, in collaboration with the department of justice, shall implement the plan to fully transition the board to the department of justice by January 1, 2022, in a manner that ensures the least amount of:
(a) delay in grant recipients receiving funds;
(b) impact in reporting for affected grant recipients; and
(c) impact for transitioning grants between DUNS numbers with the federal government.
(4) To the extent transferring a grant from the department of corrections to the department of justice jeopardizes the grant, as determined by the budget director, the grant may not be transferred to the department of justice.
(5) It is the intent of the legislature that the board of crime control operate within its current level of funding during the transition. Within those funds, the board may add or eliminate staff positions as the board determines to be necessary, subject to the provisions of 2-15-131.
(6) The department of justice shall report at least three times to the law and justice interim committee during the biennium beginning July 1, 2021, on the progress of the transition implementation.
Section 3. Repealer. The following section of the Montana Code Annotated is repealed:
2-15-2307. Crime control bureau.
Section 4. Directions to code commissioner. (1) Section 2-15-2306 is intended to be renumbered and recodified as an integral part of Title 2, chapter 15, part 20.
(2) The code commissioner is instructed to change internal references within and to the renumbered section in the Montana Code Annotated, including within sections enacted or amended by the 2021 legislature, to reflect the new section number assigned to the section pursuant to this section.
Section 5. Effective dates. (1) Except as provided in subsection (2), [this act] is effective July 1, 2021.
(2) [Section 2 and this section] are effective on passage and approval.