HB 236 aimed to allow mental health evaluations for criminal defendants, used to determine their fitness to proceed in court, to be conducted within detention centers or state prisons. It directed the Department of Public Health and Human Services to create rules for these facilities, covering aspects like defendant care, security for evaluators, and the use of remote communication for examinations. The bill also outlined which entities, such as the courts or public defender's office, would be responsible for covering the costs of these evaluations and related expenses. This would have impacted criminal defendants undergoing such evaluations and the correctional facilities hosting them.
HB 93 sought to establish a system for compensating individuals who were wrongly convicted of felony crimes and later exonerated. It would allow eligible claimants, defined as those imprisoned for felonies they did not commit, to file a civil action against the state or county of conviction. To receive compensation, claimants would need to prove their actual innocence by a preponderance of the evidence and waive other legal remedies against the state. The bill also provided for a $5,000 transition assistance grant, expungement of the conviction, and outlined how damages and legal costs would be paid, excluding compensation for crimes that are now legal.
HB 50 protects parents and pregnant women with drug use disorder by preventing child welfare investigations or custody actions solely based on positive drug test results. It amends Montana law to shield individuals seeking treatment or prenatal care from criminal charges related to drug use, and prohibits using drug test results alone to initiate child abuse cases or remove children from homes. The bill directly affects pregnant women, parents, healthcare providers, and child welfare systems by ensuring medical care access isn't penalized. Key provisions include immunity for seeking overdose help and requiring medical evaluation as the primary factor in child welfare decisions.
HB 912 proposes creating a new secure forensic facility in Montana, overseen by the Department of Public Health and Human Services. This facility would provide care, treatment, and security for up to 70 individuals involved in the legal system due to mental illness, including those needing competency restoration or forensic evaluations. The bill allocates $60 million from the Behavioral Health System for Future Generations Fund to plan, construct, and equip this facility, while also expanding the fund's uses to support new behavioral health infrastructure.
HB 237 would prohibit the placement of certain sentenced defendants in the state forensic mental health facility at Galen. The bill amends existing law to specify that individuals found to have a mental disease, disorder, or developmental disability at the time of their offense, and who are committed for treatment, cannot be placed at the Galen facility. Instead, these defendants could be placed in other appropriate correctional, mental health, residential, or developmental disabilities facilities for their custody, care, and treatment. The director of the department would retain the authority to transfer individuals between these alternative facilities.
HB 460 proposed a constitutional amendment in Montana to allow citizens in any county to call for a grand jury. Currently, grand juries are impaneled at the discretion of a district judge. The bill would have required a grand jury to be summoned if a petition signed by a specific percentage of registered electors in a county was submitted. It also mandated that county attorneys prosecute indictments from these citizen-initiated grand juries and allowed the grand jury to seek assistance from the Attorney General or hire a private prosecutor if necessary.
This bill, HB 540, aims to revise the powers of the Department of Corrections (DOC) by allowing it to contract with private corporations to establish and maintain certain facilities and programs. Specifically, it amends existing law regarding who the DOC can contract with for services like prerelease and treatment centers, residential methamphetamine treatment programs, and residential sexual offender treatment programs. While existing law already allows contracting with private,
HB 433 sought to protect an individual's right to keep and bear arms while awaiting trial. The bill proposed that a person could not be deprived of their Second Amendment or Montana constitutional firearm rights before a conviction. This protection would apply unless the individual was charged with a forcible felony or a crime of violence involving a weapon, as defined in statute 45-2-101. The bill aimed to preserve these rights during the pre-trial phase for most offenses.
HB 622 proposes to revise protection order laws by establishing a new process for "extreme risk orders of protection." This procedure allows law enforcement officers, partners, or family members to petition a court to temporarily prohibit an individual from possessing or acquiring firearms. A court may issue such an order if it finds the person poses a significant risk of causing personal injury to themselves or others. If an order is granted, the individual's firearms must be surrendered, and any concealed weapon permits would be revoked, with provisions for their return under specific circumstances.
HB 795 proposed to expand Montana's criminal record expungement laws to include certain nonviolent felony offenses. It would have allowed individuals convicted of these offenses to petition a district court to have related arrest, investigation, and court records sealed or destroyed. To be eligible, a person would generally need to complete their sentence and remain conviction-free for 10 years, compared to 5 years for misdemeanors. The bill also specified certain offenses, like assault or DUI, for which expungement would not be presumed, and outlined factors for the court to consider. If granted, an order would direct relevant agencies to permanently seal or expunge the records.
