Montana State Legislature

2015-2016 Law and Justice Committee

About Law and Justice Interim Committee

The Law and Justice Interim Committee (LJIC) is a joint bipartisan committee of the legislature that meets between legislative sessions. The LJIC: (1) monitors the activities of the Department of Corrections, the Department of Justice, the Office of State Public Defender, and the Judicial Branch; (2) examines law and justice policy issues; and (3) makes recommendations to the full legislature. The LJIC's responsibilities include reviewing the administrative rules and proposed legislation of assigned executive branch agencies.

REPRESENTATIVE JENNY ECK (D)
REPRESENTATIVE ELLIE HILL SMITH (D)
REPRESENTATIVE SARAH LASZLOFFY (R)
REPRESENTATIVE STEVE LAVIN (R)
REPRESENTATIVE DALE MORTENSEN (R
REPRESENTATIVE CAROLYN PEASE-LOPEZ (D)
SENATOR DOUG KARY (R)
SENATOR SUE MALEK (D)
SENATOR MARY MOE (D
SENATOR SCOTT SALES (R)--Chair
SENATOR DIANE SANDS (D)--Vice Chair
SENATOR NELS SWANDAL (R)

Law and Justice Interim Committee Topics

A staff summary of the Law and Justice Committee's 2015 - 2016 interim work is available here.

The LJIC is responsible for monitoring the activities of the Department of Corrections, the Department of Justice, and the Office of the Public Defender and any agencies that are administratively attached to those entities. The committee serves as the liaison to the Judicial Branch.

The committee is also responsible for carrying out interim studies as assigned by the Legislature and the Legislative Council. At its June 2015 meeting, the committee tentatively adopted a work plan that outlines its process for completing the interim's work.

Reports and other materials related to these topics will be posted on this site as they become available.

Assigned Study

Senate Joint Resolution 24: Study of sexual assault in Montana

Statutory Duties

Administrative Rule Review
Review of Proposed Legislation
- Memo on review of agency legislation
Required Agency Reports

Agency Oversight

Department Of Corrections

Department Of Justice

Office Of The Public Defender

Liaison to the Judicial Branch

Committee Issues

Meeting Materials

SJ 24: Study Sexual Assault in Montana
- MT Supreme Court Opinion: State of Montana v. J. Kline, 2016 MT 177
- Table of bill drafts
- LClj01 -- Rrevision of consent definition; create aggravated SIWOC crime
- LClj02b -- Unlawful distribution of sexual images or recordings (incorporated in 45-8-213, MCA)
- LClj03 -- Revision of mandatory minimums for certain "statutory rape" crimes; 18-year-olds do not have to register as sex offenders in certain cases
- LClj04 -- Revise statute of limitations for sex crimes perpetrated against victims under the age of 18
- LClj05 -- Revise juvenile sex offender registry requirements
- LClj06 -- Revise sexual assault laws and parental rights
  - Suggested amendment language for LClj06 from Senator Malek
    - Draft preamble language
    - Draft replacement language for Section 1(6)
Other Materials
- DOC responses to committee questions in June
- Interim committee public comment guidelines
- Memo to LJIC about the August meeting

Agenda (Updated 6/27)
Minutes Log

Meeting Materials

Agency Oversight
- Administrative Rule Review memo -- will be posted when available
- Review of Advisory Councils and Required Reports
- Agency legislative proposals
  - Memo: Procedures for review, request, drafting of agency legislation

Committee Issues
- Programming at MSP and private/regional prisons
  - Welcome book (9/2015) -- Crossroads Correctional Center
  - Memo: DOC responses to previous LJIC questions
- Attorney fees and court costs
  - Handout: Overview of Attorney Fees and Court Costs -- Chris Manos, State Bar of Montana
- Innocence commissions
  - North Carolina Innocence Inquiry Commission statutes
  - North Carolina Innocence Inquiry Commission flowchart
  - Conviction Integrity Units -- Innocence Commission

SJ 24: Study Sexual Assault in Montana
- Bill Drafts
  - Table
  - LClj01 -- Revision of consent definition; creates aggravated SIWOC crime
  - LClj02b -- Unlawful distribution of sexual images or recordings (incorporated into 45-8-213, MCA)
  - LClj03 -- Revision of mandatory minimums for statutory rape; 18 year olds do not have to register as sex offenders
  - LClj03a -- No registration as sex offenders for 18 year olds convicted of statutory rape
  - LClj03b -- Provides maximum penalty for 18 year olds convicted of statutory rape
  - LClj04 -- Elimination of statute of limitations for sex crimes perpetrated against victims under the age of 18
  - LClj05 -- Revise juvenile sex offender registry requirements
  - LClj06 -- Revise sexual assault laws and parental rights
- Parental Rights and Sexual Assault research -- National Conference of State Legislatures
- Table: Comparison of Montana Statutes That Allow for Termination of the Parent-Child Legal Relationship and LClj06 Provisions

Other Materials
- Interim committee public comment guidelines
- Memo to LJIC about the June meeting

Agency Oversight
- Statewide Reentry Task Force Report -- April 2016

Committee Issues
- DNA Database
  - Presentation Slides -- Joe Pasternak, DNA Section Supervisor
  - Report: Convicted Offenders Required to Submit DNA Samples -- National Conference of State Legislatures (NCSL)
  - Report: DNA Arrestee Laws -- NCSL
  - Title 44, Chapter 6, Part 1, MCA -- DNA Index
  - Rule Subchapter 23.4.5: DNA Index
- Public Intoxication
  - LClj99 -- Allow a local government to authorize and enforce a law prohibiting being incapacitated by alcohol in a public place
- Eyewitness Identification
  - Eyewitness Identification Model Policy -- Montana Law Enforcement Academy
  - Eyewitness identification policy survey -- Montana Public Safety Officer Standards and Training Council (POST)
  - Report: Practices in Eyewitness Identification -- NCSL

SJ 24: Study Sexual Assault in Montana
- Sexual and Violent Offender Registry
  - Section 46-18-111, MCA
  - Title 46, Chapter 23, Part 5, MCA -- Registration of Sexual and Violent Offenders
  - Sex offender risk and tiering systems among the states -- MT DOJ handout from 11/30/15 LJIC meeting
  - Rule Subchapter 20.7.3: Sex Offender Evaluation and Treatment Provider Guidelines and Qualifications
  - 50-state table of state laws providing relief from sex offender registration -- Collateral Consequences Resource Center
    - Description of chart
- Bill Drafts
  - LClj01 -- Revision of consent definition; created aggravated SIWOC crime
  - LClj02 -- Unlawful distribution of sexual images or recordings (new section -- original draft)
  - LClj02a -- Unlawful distribution of sexual images or recordings (new section -- revised draft)
  - LClj02b -- Unlawful distribution of sexual images or recordings (incorporated into 45-8-213, MCA)
  - LClj03 -- Revision of mandatory minimums for statutory rape; 18 year olds do not have to register as sex offenders
  - LClj03a -- No registration as sex offenders for 18 year olds convicted of statutory rape
  - LClj03b -- Provides maximum penalty for 18 year old convicted of statutory rape
  - LClj04 -- Elimination of statute of limitations for sex crimes perpetrated against victims under the age of 18

Other Materials
- Interim committee public comment guidelines
- Memo to the LJIC about April meeting

Agenda
Minutes Logs: March 8 -- March 9

Agency Oversight
- Judicial Branch
  - Section 3-1-702, MCA (IT report)
  - HB 612 (Law requiring branch to report to LJIC on the child abuse court diversion pilot)
  - Youth Court report card, 2014
- Department of Justice
  - HB 512 (crime lab expansion bill)
  - Title 44, chapter 3, part 2 (medical examiner statutes)
  - DOJ website related to Sexual Assault Evidence Task Force
  - False Claims Act reports, 2015 and 2016
- Board of Crime Control
  - Section 2-15-2013, MCA (restorative justice grants required report)
- Department of Corrections (DOC)
  - 2015 press release on Prison Rape Elimination Act (PREA) -- U.S. Department of Justice
    - Summary of PREA implementation activities supported by grants -- U.S. DOJ
    - Reduced or reallocated grant funds -- U.S. DOJ
  - 2015 Montana certification and assurance submission letter -- Governor Bullock
  - FY 2016 Biennial Report -- DOC (see page 8)
  - DOC policy directive on PREA, July 2015
- Administrative Rule Review Memo

SJ 24: Study of Sexual Assault in Montana
- Handout: Power Up, Speak Out! program
- Evaluation report: Power Up, Speak Out! program
- Dan Murphy biography
- List of Health Enhancement Standards Committee members -- Office of Public Instruction
- Preliminary bill draft LClj01 - consent revision and aggravated SIWOC
- Preliminary bill draft LClj02 - unlawful distribution of sexual images or recordings

Other Materials
- Interim committee public comment guidelines
- Memo to LJIC committee members regarding the meeting

Agenda -- Please note the change to Room 102
Minutes Log

Agency Oversight
- Decision Brief: Review of Advisory Councils and Required Reports

SJ 24: Study Sexual Assault in Montana
- Anne Munch biography
- Presentation slides -- Anne Munch, Esq.
- Link to video of Anne Munch's presentation
- Presentation slides: Community sex offender treatment -- Andy Hudak
- Presentation slides: Psychosexual evaluations -- Michael Sullivan, MSW
- Handout: Community treatment issues -- Brenda Erdelyi, LCSW
- Handout: Model for treatment -- Brenda Erdelyi, LCSW
- Montana Department of Justice press release on unsubmitted sex-assault evidence kits

Other Materials
- Interim committee public comment guidelines
- Memo to the LJIC about November meeting

Agenda - updated 9/24
Minutes Log -- September 29, 2015 -- September 30, 2015

Agency Oversight
- Required Reports: Domestic Violence Fatality Review Commission Report (2-15-2017, MCA)
  - Presentation slides -- Matt Dale
- Administrative Rule Review Memo

Committee Issues
- Eyewitness identification
  - Presentation slides: Identifying the Culprit -- Chief William Brooks III
  - Presentation slides: Eyewitness Identification Best Practices -- Michelle Feldman
  - Montana Law Enforcement Academy Model Policy regarding photographic lineups/show-ups
  - Montana Model Policy Guidelines Acknowledgements
  - Summary: Identifying the Culprit, Assessing Eyewitness Identification -- National Research Council of the National Academies
  - Improving Eyewitness Identification in Montana -- Innocence Project
  - Resources for Statewide Eyewitness Identification Reform Offered by the Innocence Project
- Public intoxication and local ordinances
  - SB 360 (2015) and proposed substitute bill amendment
  - Community Innovations Summit program (Billings)

SJ 24: Study Sexual Assault in Montana
- Presentation slides: Data on Sexual Assault -- Deb Matteucci
- Presentation slides: Montana's Core "Sexual Assault" Statutes -- Ole Olson
- Presentation slides: Sexual Assault Medical Forensic Examinations: Process, Practices, and Challenges -- Dianna Linder and Jolyn Hoff
- Montana Lawyer article: Examination of Victim Rights -- Robin Turner, Montana Coalition Against Domestic and Sexual Violence
- Victims' programs funding data - Board of Crime Control
- Presentation slides: Study of Sexual Assault in Montana, SJ 24 -- Kelly Parsley
Other Materials

- Shelby tour background information
- LJIC work plan, tentatively adopted in June 2015
- Interim committee public comment guidelines
- Memo to the LJIC about September meeting

Agenda -- updated 6/23
Minutes Log

Rules, Procedures, and Guidelines for Interim Committees
List of LJIC legislation from 2013 - 2014 interim
Text of bills creating criminal justice related entities:
- HB 430 - Judicial Redistricting Commission
- HB 627 - Task Force on Public Defender Operations
- SB 224 - Commission on Sentencing
List of past LJIC presiding officers
Reentry Task Force report -- Department of Corrections
Draft LJIC work plan
Draft SJ 24 study plan
Administrative Rule Review memo
Public comment guidelines
Memo to LJIC members about June meeting

Montana's sexual assault statutes chart -- Montana DOJ handout

Proposed Rules for LJIC

*The complete text for any of the proposed rules listed below, including any hearing information, may be accessed by visiting http://mtrules.org and entering the MAR Notice Number in the "Search by Notice No." field in the bottom right-hand corner of the page. Additional information regarding rulemaking and the Legislature's role in the administrative rulemaking process may be accessed here. Rule summaries presented to the Law and Justice Interim Committee are below.
June 2015
November 2015
February 2016

Dept. of

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents

Dept. of

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents

LJIC Legislation

The LJIC voted in August 2016 to forward 7 bills to the 2017 Legislature. All 7 of the bills were related to the SJ 24 study of sexual assaultin Montana.

The status of the bills can be tracked in LAWS by using the House or Senate Bill number or the LC number during the 2017 session.

Table of approved bill drafts
- SB 29 -- LC 272 - LClj01 -- Revision of consent definition; create aggravated SIWOC crime
- HB 129 -- LC 274 - LClj02b -- Unlawful distribution of sexual images or recordings (incorporated in 45-8-213, MCA)
- SB 26 -- LC 273 - LClj03 -- Revision of mandatory minimums for certain "statutory rape" crimes; 18-year-olds do not have to register as sex offenders in certain cases
- SB 30 -- LC 275 - LClj04 -- Revise statute of limitations for sex crimes perpetrated against victims under the age of 18
- SB 17 -- LC 276 - LClj05 -- Revise juvenile sex offender registry requirements
- SB 22 -- LC 277 - LClj06 -- Revise sexual assault laws and parental rights
- LC 303 - Revise incest laws draft language -- Draft cancelled after it missed deadline for bill preintroduction