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 Jan 10, 2025

LC 2796: Generally revise minor in possession laws

This bill creates separate criminal offenses for minors possessing or attempting to purchase alcohol, marijuana, or other intoxicating substances in Montana. It directly affects individuals under 21 years of age and establishes specific penalties based on age and offense frequency, including fines, community service hours, mandatory substance abuse education courses, and driver's license suspensions. The legislation distinguishes between younger offenders under 18 and those aged 18 to 20, with stricter penalties for repeat offenses, and includes provisions for transferring cases to youth court when minors fail to comply with sentencing requirements.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands criminalization of minors by creating separate offenses and imposing penalties like fines, community service, education courses, and license suspensions for substance possession.85% confidence

Sub-Topics Drug Policy Sentencing

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introduced · Montana · Legislature Feb 20, 2025

LC 3024: Generally revise DUI laws

This bill revises Montana's driving under the influence laws by clarifying how prior offenses and pending charges are counted when determining penalties. It expands the definition of a "prior offense" to include cases currently pending in court, meaning individuals with active DUI charges will face stricter penalties as if they had previous convictions. The legislation also standardizes language by replacing "violation" with "offense" in certain sections and maintains existing sentencing guidelines that impose mandatory jail time and fines, with higher penalties for drivers who have minors in their vehicle.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands DUI penalties by counting pending charges as prior offenses, increasing criminalization and reducing defendant rights85% confidence

Sub-Topics Sentencing

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introduced · Montana · Legislature Feb 10, 2025

LC 1270: Revise indecent exposure laws

This bill amends Montana's indecent exposure laws to specifically prohibit exposing one's genitals or intimate parts in public places to members of the opposite biological sex or the sex assigned at birth. The changes apply to anyone who knowingly or purposely engages in this conduct under circumstances likely to cause affront or alarm, with penalties ranging from fines and county jail time for first offenses to state prison sentences of up to 10 years for third or subsequent convictions. The law also defines specific public places where these rules apply, including restrooms, schools, parks, and other areas accessible to the public, while excluding private residence rooms. Additionally, the bill includes a separate provision for indecent exposure involving minors, which carries stricter penalties including mandatory minimum prison sentences of four years.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands criminalization by adding restrictions to indecent exposure laws, increasing penalties and limiting defendant rights through stricter enforcement measures.85% confidence

Sub-Topics Sentencing

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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 Dec 20, 2024

LC 1790: Generally revise laws related to dangerous drugs

This bill revises Montana's dangerous drug laws by updating penalties for criminal distribution and possession with intent to distribute. It directly affects individuals who sell, share, or possess drugs with the intent to distribute them. The bill establishes stricter sentencing guidelines, including enhanced penalties for distributing fentanyl and other synthetic opioids, distributing drugs to minors, or using firearms during drug crimes. It also allows judges to impose fines in addition to prison sentences for certain serious offenses. Medical practitioners and their supervised agents remain exempt from these provisions.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases penalties for drug crimes and expands criminalization through stricter sentencing guidelines and enhanced penalties for distribution.95% confidence

Sub-Topics Drug Policy 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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