Criminal Justice (Sentencing)

introduced · Montana · Legislature Dec 31, 2024

LC 1340: Revise DUI laws related to enacting Bobby's law

This bill creates a new criminal offense called aggravated vehicular homicide while under the influence, which applies to anyone who negligently causes death while driving under the influence of alcohol or drugs. The law establishes mandatory prison sentences of 3 to 30 years and fines between $10,000 and $50,000 for convictions, with no option for deferred sentencing. The bill also amends existing Montana statutes to update definitions related to facial recognition technology, digital driver's licenses, and law enforcement agencies, though these changes appear unrelated to the DUI provisions.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill creates aggravated vehicular homicide offense with mandatory prison sentences, strengthening criminal justice response to DUI-related deaths.90% confidence

Sub-Topics Sentencing Violent Crime

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introduced · Montana · Legislature Feb 24, 2025

LC 2636: Provide for restitution payments to children of certain homicide victims

This bill requires individuals convicted of vehicular homicide while under the influence to pay monthly restitution for the support of minor children whose parent or guardian was killed in the incident. The court will determine payment amounts based on the child's needs, the surviving family's financial situation, and the defendant's ability to pay, with payments continuing until the child turns 18 or graduates high school. The law includes exceptions if the surviving family has already received compensation through a civil lawsuit and specifies that payments must begin within a year of the defendant's release from prison. Additionally, the bill amends related Montana statutes to clarify sentencing guidelines and remove the possibility of sentence deferral for this specific offense.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens criminal justice by requiring restitution payments to children of homicide victims, ensuring victim support and accountability for offenders.90% confidence

Sub-Topics Sentencing Victims' Rights Violent Crime

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introduced · Montana · Legislature Feb 18, 2025

LC 3451: Generally revise criminal law

This bill amends Montana's criminal sentencing laws to clarify how courts handle time credit for offenders and limit the duration of community supervision for certain serious crimes. It allows judges to deny credit for time served during revocation proceedings when an offender commits multiple violations, while ensuring offenders receive credit for time spent in custody related to the same conduct they were convicted of. The legislation also sets maximum time limits for community supervision, capping probation periods at 20 years for sexual offenders and deliberate homicide cases, 15 years for violent offenses, and 5 years for other felonies, with exceptions for cases where longer supervision is deemed necessary to protect society. These changes directly affect district court judges, prosecutors, and defendants facing sentencing decisions in Montana.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill clarifies sentencing laws and limits community supervision for serious crimes, promoting judicial clarity and potentially reducing recidivism through structured supervision limits.85% confidence

Sub-Topics Probation & Parole Sentencing Violent Crime

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introduced · Montana · Legislature Nov 18, 2024

LC 241: Establish the sexual and violent offender presentence investigation and reporting unit

This bill creates a new Sexual and Violent Offender Presentence Investigation and Reporting Unit within Montana's Department of Corrections to handle presentence investigations for specific serious crimes. The unit will consist of probation and parole officers who will conduct investigations for defendants convicted of sexual offenses or violent offenses as defined by state law. The bill also clarifies that these reports must be completed within 30 business days and must be considered by the court before sentencing. Additionally, the bill mandates psychosexual evaluations for certain sexual offense convictions and mental health evaluations for specific other offenses, with costs typically paid by the defendant unless they are indigent.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill creates specialized unit for presentence investigations, improving accountability and ensuring timely reports for serious offenses, strengthening criminal justice oversight.85% confidence

Sub-Topics Probation & Parole Sentencing

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introduced · Montana · Legislature Nov 18, 2024

LC 240: Generally revise laws related to presentence investigations

This bill updates Montana laws governing presentence investigations and reports used in criminal sentencing. It primarily affects judges, prosecutors, defense attorneys, and probation officers by clarifying when these investigations must be ordered and how plea agreements are handled. Key changes include allowing plea discussions via two-way electronic audio-video communication, requiring courts to order mental health evaluations when defendants claim mental illness affected their behavior, and setting a 30-day deadline for completing preliminary or final investigation reports after a guilty plea or verdict. The legislation also defines specific circumstances under which presentence investigations are required for felony convictions.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill improves presentence investigation processes, allows electronic plea discussions, and requires mental health evaluations, enhancing fairness and rehabilitation in criminal justice.85% confidence

Sub-Topics Probation & Parole Sentencing

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introduced · Montana · Legislature Feb 18, 2025

LC 3439: Generally revise laws related to restitution

This bill revises Montana laws related to restitution, primarily affecting courts, probation officers, and offenders who have been ordered to pay restitution to victims. It removes an offender's financial resources from consideration when sentencing restitution amounts, ensures that information about a victim's pecuniary loss or property loss can be shared with a probation officer outside of a court order, and modifies when a court may grant a petition to revise restitution orders. The legislation aims to clarify legislative intent from 2003 by ensuring restitution amounts are determined based on victim losses rather than an offender's ability to pay, and it updates related statutes to reflect these changes.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens restitution laws to better compensate victims, improving victim support and accountability in criminal justice system.85% confidence

Sub-Topics Probation & Parole Sentencing Victims' Rights

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died · Montana · Legislature May 20, 2025

LC 1519: Revise laws related to batterer intervention counseling

This bill requires offenders convicted of partner or family member assault (including domestic violence) to complete a minimum of 40 hours of court-approved counseling focused on violent or controlling behavior. The counseling must be provided by a licensed professional, a qualified specialist, or a specialized domestic violence program meeting specific standards. Offenders must follow all recommendations from the counseling provider, and the court or Department of Corrections must approve all providers. This applies to all convictions under Montana's partner/family assault laws, including out-of-state domestic violence offenses, and is added to existing sentencing penalties.

Topics ✓ Criminal JusticeSupports Criminal JusticeMandates 40-hour counseling for domestic violence offenders to address root causes, aligning with rehabilitation-focused criminal justice reform to reduce recidivism.95% confidence

Sub-Topics Domestic Violence Sentencing Violent Crime

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signed · Montana · Senate May 13, 2025

SB 19: Revise sentencing laws related to theft

SB 19 revises sentencing laws for several offenses, including theft, failure to return rented or leased personal property, issuing bad checks, deceptive practices, forgery, and identity theft. The bill directly affects individuals charged with these crimes by modifying the legal framework for their penalties. A key provision of the bill is raising the monetary thresholds that determine the severity of penalties for these offenses. It also revises the definition of "common scheme" within the state's legal code.

Topics ✓ Criminal JusticeSupports Criminal JusticeRaising monetary thresholds for theft penalties reduces severity of charges, aligning with criminal justice reform goals of reducing non-violent incarceration.90% confidence

Sub-Topics Sentencing

died · Montana · House May 22, 2025

HB 691: Provide for legislative intent regarding the Montana criminal justice data warehouse

HB 691 clarifies the purpose and requirements for Montana's existing criminal justice data warehouse, which collects and stores information from state and local agencies. The bill specifies that the warehouse must include detailed offender data - such as complete criminal histories, sentencing timelines, drug involvement in offenses, and pretrial release outcomes - to help officials make data-driven decisions about the justice system. State agencies, courts, and other entities are required to contribute data to the warehouse while retaining ownership of their information, with strict confidentiality protections outlined. This bill directly affects law enforcement, courts, and correctional agencies by standardizing how they share and use criminal justice data.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill mandates detailed data collection in criminal justice warehouse for data-driven decisions, aligning with reform indicators like improved oversight and evidence-based policy.90% confidence

Sub-Topics Sentencing

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died · Montana · Senate May 23, 2025

SB 84: Generally revise laws related to presentence investigations

SB 84 revises Montana's rules for presentence investigations, which are reports courts use to inform sentencing decisions. It requires courts to order these investigations after guilty pleas or convictions for most felonies (unless a recent report exists), sets a 30-day deadline for reports, and adds specific requirements: mental health evaluations for defendants claiming mental impairment at the time of offense, and psychosexual evaluations for certain sex offense convictions. The bill directly affects courts, probation officers, and defendants, particularly those with mental health considerations or sex offense convictions. It clarifies when investigations are mandatory, streamlines reporting timelines, and ensures key evaluations are included in sentencing considerations.

Topics ✓ Criminal JusticeSupports Criminal JusticeAdds mental health/psychosexual evaluations to sentencing, promoting rehabilitation and informed judicial decisions per reform indicators.95% confidence

Sub-Topics Probation & Parole Sentencing

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