Law and Justice

ANNOUNCEMENTS

The committtee voted to forward 3 bills to the 2019 Legislature. Links to the draft bills can be found on the LJIC's Legislation page.

The committee also approved a final report for its SJ 25 study of solitary confinement.

The Law and Justice Interim Committee will not meet again until after the 2019 Legislature adjourns.

Agency Oversight

Memo: August Administrative Rule Review -- Legislative Services Division (LSD)
Table: Implementation of Criminal Justice System Changes -- LSD (updated 9/4)

SJ 25 Study of Solitary Confinement

DRAFT SJ 25 Final Report
LClj03 draft

Other Materials

Table: Law and Justice Interim Committee Bills and Preliminary Drafts
- LC 93 (LClj01) -- Clarifying interim oversight of the Office of State Public Defender
- LClj02 -- Revise appointment of board of pardons and parole
- LClj04 -- Eliminate or revise references to Article II, section 36, of the Montana Constitution (Marsy's Law)
Handout: Obsolete References to Marsy's Law
Table: 2015-2016 LJIC Sexual Assault Study Bills
Public comment guidelines
Memo to the LJIC re the July meeting

Agency Oversight

Memo: June Administrative Rule Review -- Legislative Services
Table: Implementation Status of Criminal Justice System Changes -- Legislative Services
Memo: Agency Bill Draft Procedures 2019
- POST Council Legislative Proposals
  - Proposal 1 - BOCC statutes
  - Proposal 2 - POST statutes
  - Proposal 3 - Public safety officer statutes
  - Proposal 4 - Coroner statutes
Youth Court Report, 2017 -- Office of Court Administrator
LClj01 draft bill (related to oversight of the Office of State Public Defender)
LClj02 draft bill (related to appointment of Board of Pardons and Parole members)
- 2013 Legal Memo: Appointment Power -- Legislative Services

SJ 25 Study of Solitary Confinement

DRAFT SJ 25 Final Report
LClj03 draft
MSP 3.5.1 updated procedure and Legislative Services memo
Letter: Department of Corrections to the LJIC re Restricted Housing -- July 2018

HJ 6 Study of Meth Use and Opioid Abuse

DRAFT HJ 6 Study Summary

Other Materials

DUI Task Force Survey Analysis and Recommendations -- DUI Law Committee of the Cascade County DUI Task Force
Slides: DUI Law Committee of the Cascade County DUI Task Force
Public Comment Guidelines
Memo to LJIC re the July meeting

Meeting Materials

SJ 25 Study of Solitary Confinement

Restrictive Housing Status Policy Guidelines and Guiding Principles -- Association of State Correctional Administrators
Proposed Topics for SJ 25 Final Report -- Legislative Services (LSD)
Presentation slides -- North Dakota Department of Corrections and Rehabilitation

Agency Oversight

Memo: April 2018 Administrative Rule Review -- LSD
Report: Implementation of Criminal Justice System Legislation -- LSD
- CSG Justice Center Workbook of public safety data for Montana
- CSG presentation slides from March 2018 Criminal Justice Oversight Council meeting
Report: Statewide Reentry Task Force 2018
Memo: Possible Statutory Changes to Clarify Legislative Oversight of the Office of State Public Defender -- LSD
- Section 5-5-226, MCA (current version)
- Section 5-5-228, MCA (current version)
- Section 5-5-228, MCA (2015 version)
- SB 146 report language (2005 Legislature)
Parole statistics (April 2018) -- Board of Pardons and Parole
Working list of topics for Agency Oversight updates
Meeting chart, version 4.0

Committee Topics

Report: Statutory Rights of Crime Victims -- LSD
- Crime victim advocates by city -- Department of Justice
- Victims' programs funding update, May 2018 -- Board of Crime Control

Other Materials

Public comment guidelines
False Claims Act 2018 -- Department of Justice
Memo to LJIC about May meeting

Agenda
Minutes Log:
- March 19
- March 20

The LJIC will meet in Billings for the March 19-20 meeting. The meeting will not be streamed live on the Legislature's website, but audio recordings of the meeting will be available after the meeting.

Meeting Materials

Agency Oversight
- Memo: Administrative Rule Review -- Legislative Services
- SB95 Transition Report -- Board of Crime Control
- Working list of topics for agency updates
- Meeting Chart, version 3.0
SJ 25 Study of Solitary Confinement
- Montana Women's Prison procedures
- ASCA-Liman Aiming to Reduce Time-in-Cell discussion of planned or proposed policy changes
  - Full ASCA-Liman report
- Open the Door: Segregation Reforms in Colorado -- Colorado Department of Corrections, Jan. 2016
- FY2016 Report on Administrative Segregation -- Colorado Department of Corrections
- Reshaping Restrictive Housing at South Dakota State Penitentiary -- Crime and Justice Institute
- Web report: States that limit or prohibit juvenile shackling or solitary confinement -- National Conference of State Legislatures
- County detention center peer review information -- MT Sheriffs and Peace Officers Association
- Administrative Segregation: State Enactments, January 2018 -- National Conference of State Legislatures
- Staff Report: State-Level Changes and Alternatives to Restricted Housing -- Legislative Services
Tour Information
- Background papers:
Committee Topics
- 2018 PREA report for Montana Women's Prison
- 2016 PREA report for Passages

Other Materials

Memo to the LJIC about the March meeting
Tour reminders for committee
Public comment guidelines

Agenda
Minutes Log: Jan 29 - Jan 30

Meeting Materials

Agency Oversight
- Domestic Violence Fatality Review Commission -- Department of Justice
  - Report -- Presentation Slides
- Report: Implementation of Criminal Justice System Legislation -- Legislative Services
- Memo: October 2017 Administrative Rule Review -- Legislative Services
- Working list of topics for agency updates
- Meeting Chart, version 2.0
- Slides: Office of Public Defender Update -- Harry Freebourn
SJ 25 Study of Solitary Confinement
- Report: Corrections Policies and State Prison Procedures Related to Locked Housing -- Legislative Services
  - DOC Policy 3.4.1 -- Offender Disciplinary System (9-9-2016 version)
  - DOC Policy 3.5.1 -- Locked Housing Unit Operations (9-9-2016 version)
  - MSP Procedure 3.4.1 -- Institutional Discipline (1-4-2017 version)
  - MSP Procedure 3.5.1 -- Locked Housing Operations (10-25-2013 version)
- Report: Solitary Confinement and Juveniles -- Legislative Services
  - Toolkit: Reducing the Use of Isolation -- Council of Juvenile Correctional Administrators
  - Legisbrief on Solitary Confinement of Juveniles -- National Conference of State Legislators
- Report: Montana Detention Standards -- Legislative Services
  - 2016 Montana Detention Standards -- MACo and Montana Sheriffs and Peace Officers Association
HJ 6 Study of Methamphetamine Use and Opioid Abuse
Access to Justice Commission Presentation Materials
- Video and Report -- Access to Justice Commission Forum Series, 2015-2016
- Fact Sheet: Court Help Program
- Court Help Program Services
- Missoula County Resource Guide
- Fact Sheet: Montana Legal Services Association
- Report: Statewide Pro Bono Program Projects
- Memo from Dean Paul F. Kirgis (UM Law School)
- Summary: State Bar of Montana's Modest Means Program
Committee Issues
- Prison Rape Elimination Act (PREA)
  - Background report -- Legislative Services
  - Prison Rape Elimination Act 2016 Annual Report -- Department of Corrections
  - 2017 Addendum -- Department of Corrections
- Marsy's Law
  - Background report -- Legislative Services
  - Supreme Court Opinion and Order -- Synopsis of Decision
  - House Bill 600 (2017)
  - Senate Bill 250 (2017)
- Criminal Jurisdiction in Indian Country
  - Presentation Slides: Jurisdiction in Indian Country -- Professor Maylinn Smith
  - Graph: Indian Country Jurisdiction, Non-Public Law 280 -- Professor Monte Mills
  - Tribal Nations in Montana: A Handbook for Legislators -- LSD and the Margery Hunter Brown Indian Law Clinic
  - Summary of PL 280 Bills in the 2017 Session -- Legislative Services
    - Senate Bill 310 (2017)
    - House Bill 450 (2017)

Other Materials

Memo to the LJIC about January meeting
Public comment guidelines

Meeting Materials

Committee Work Plan
- Updated draft LJIC Work Plan
- Updated draft LJIC workplan decision matrix
- LJIC Work Plan Meeting Chart
HJ 6: Interim Study on the Effects of Methamphetamine Use and Opioid Abuse on State and Local Services
- Updated draft HJ 6 study overview
  - Text of HJ 6
- AID Montana summary for the Department of Justice
SJ 25: Interim Study of the Use of Solitary Confinement
- Updated draft SJ 25 study plan
  - Text of SJ 25
- Background paper: Review of Restricted Housing Standards and Guidelines
- Background paper: Definitions and Data on the Use of Restricted Housing Nationally and in Montana
Agency Oversight
- Working list of topics for Agency Oversight update
- Fall 2017 Update: Implementation and Results of Criminal Justice System Changes
- Review of Advisory Councils and Required Reports
- Department of Justice
  - REAL ID information provided to LJIC by DOJ in June
  - REAL ID information provided to LJIC by DOJ in September
  - Background Paper: The REAL ID Act of 2005 and Montana's Compliance Status
- Department of Corrections
  - DOC report to Criminal Justice Oversight Council
Memo: Administrative Rule Review

Other Materials

Memo to LJIC about September meeting
Public comment guidelines

Agenda -- updated 6/26
Minutes Log

Meeting Materials

Rules, Procedures, and Guidelines for Interim Committees
List of LJIC legislation from 2015-2016 interim
List of Commission on Sentencing legislation from 2015-2016 interim
List of Task Force on State Public Defender Operations legislation from 2015-2016 interim
Summary: Law and Justice Related Legislation Enacted in 2017
Memo: HB 2 Appropriations for Commission on Sentencing Legislation
List of past LJIC presiding officers
Draft LJIC work plan
HJ 6 preliminary study outline
- Text of HJ 6
Draft SJ 25 study plan
- Text of SJ 25
Draft LJIC work plan decision matrix
Memo: Administrative rule review

Other Materials

False Claims Act report -- Montana Department of Justice
Executive Clemency report -- Governor's Office
Public comment guidelines
Memo to LJIC members about June meeting

The video/audio meeting archives are still under development. However, meeting recordings are available using the interface below.

A Guide to Using the Archives

Past/Current Recordings

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.