1999 Montana Legislature

UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!

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BILL NO.

INTRODUCED BY

(Primary Sponsor)

A BILL FOR AN ACT ENTITLED: "AN ACT EXPANDING THE MEMBERSHIP OF COMMUNITY CORRECTIONS BOARDS; CLARIFYING THAT THE PROVISION OF PROGRAMS AS WELL AS FACILITIES IS A PURPOSE OF THE BOARDS; PROVIDING THAT THE CORRECTIONS SERVICES THAT ARE PROVIDED MAY BE REPARATIVE JUSTICE CORRECTIONS SERVICES OR OTHER LOCALLY DEVISED PROGRAMS; AND AMENDING SECTIONS 53-30-302 AND 53-30-312, MCA."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 53-30-302, MCA, is amended to read:

     "53-30-302.  Purpose. It is the purpose of this part to:

     (1)  encourage the development of community corrections facilities, procedures, and local programs by units of local government, tribal governments, and local nongovernmental agencies;

     (2)  reduce court commitments to the state prisons through diversion of offenders determined appropriate by the community corrections board to community corrections facilities and programs;

     (3)  reduce the use of jail space for offenders who need a structured environment, treatment, counseling, and supervision but who may not require incarceration;

     (4)  provide a local facility or local program for employed offenders so that they may maintain their employment under a structured environment and receive treatment, counseling, and supervision;

     (5)  provide a procedure procedures by which units of local government, tribal governments, and local nongovernmental agencies may provide reparative justice corrections services to the sentencing courts; and

     (6)  include citizen participation in the policymaking and program planning related to community corrections facilities and programs through the formation of local community corrections boards."



     Section 2.  Section 53-30-312, MCA, is amended to read:

     "53-30-312.  Creation of community corrections boards -- membership -- appointment -- terms -- compensation. (1) A unit of local government, the governing bodies of two or more units of local government, or a tribal government may establish a community corrections board.

     (2)  A community corrections board consists of three to seven the following nine appointed members, and must, when possible, be gender-balanced and have racial parity, and must include:

     (a)  one local law enforcement officer;

     (b)  one probation and parole officer; and

     (c) a local or tribal drug and alcohol treatment professional;

     (d) a county attorney or the designee of a county attorney; and

     (c)(e)  one member five members of the public involved in mental health or reparative justice matters.

     (3)  Members of a community corrections board must may be appointed only by the chief executive officer or officers of the unit or units of local government or the tribal government or governments in the judicial district in which community corrections facilities or programs are established.

     (4)  Members of a community corrections board shall serve for a term of 4 years.

     (5)  Members of a community corrections board shall serve without compensation except as otherwise decided by the person or body with legislative authority in the units of local government or a tribal government."



     NEW SECTION.  Section 3.  Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.

- END -




Latest Version of LC 491 (LC0491.01)
Processed for the Web on December 14, 1998 (9:16AM)

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