Committee takes up 9 bills on criminal justice system

Several bills aiming to reform Montana’s criminal justice system while saving tens of millions of dollars in annual incarceration costs have cleared their first legislative hurdle, while other related measures were tabled in committee.

The Senate Judiciary Committee on Wednesday took up nine out of the dozen bills recommended by the state Commission on Sentencing, a panel formed last session to study Montana’s criminal justice system and recommend improvements.

Sen. Cynthia Wolken, D-Missoula, chaired the interim committee and sponsored all of the bills considered during the committee’s Wednesday meeting. Taken together, the package of legislation would allow the state to prioritize prosecution and punishment of dangerous criminals, she argued, and would free up resources including the state’s increasingly crowded prisons and jails.

The sentencing committee estimated that the suite of proposals would cost the state more than $4 million annually once fully implemented, while creating savings of more than $10 million each year.

Measures to cut down on jail and prison overcrowding, lessen punishments for minor probation violations, help prisoners find housing after release and improve treatment programs were passed by the Senate Judiciary Committee.

Several other measures failed to advance, however, including a bill that would have created a licensing program for drug and alcohol treatment centers under the Department of Public Health and Human Services.

“I think it’s really critical that we are contracting a great deal of our state funds,” Sen. Margie MacDonald, D-Billings, told her fellow committee members Wednesday. “... This is a critical piece to hold those contractors accountable and make sure they are using evidence-based procedures.”

Although the proposal was endorsed by the Billings-based Alternatives, Inc. treatment center during a committee hearing last week, several lawmakers on the panel expressed concerns with creating additional responsibilities within the state’s public health department.

The committee also tabled a proposal to increase funding for the state’s crime victims compensation programs, which cover medical costs, lost wages, counseling and other expenses for victims of violent crimes if the offender is unable to pay at the time. It would have also expanded the definition of “secondary victims” eligible under the program and broadened the window of time in which a crime victim can seek compensation.

While Sen. Nels Swandel, R-Wilsall, argued that the fund helps those who need immediate help covering those costs, committee chairman Sen. Keith Regier, R-Kalispell, questioned whether it was simply creating a state-funded “insurance policy for all.” He was joined by other Republicans concerned with the higher price tag.

“We’re already making a good-faith effort to make these people whole, but at some point you’ve got to say, ‘no,’ because we’re short on funds as it is,” Senate President and fellow committee member Scott Sales, R-Bozeman, said.

A decision on a measure to reconstitute the state Board of Pardons and Parole was delayed after lawmakers on the panel debated how best to keep politics out of the selection process for board members. The board, which renders decisions on whether to release inmates sentenced to the Department of Corrections, is currently comprised of part-time volunteers.

As written, Senate Bill 64 would authorize the governor to appoint three professional, full-time members who would also replace the analyst positions currently funded to review parole applications.

Several committee members worried it would vest additional power in the hands of the executive branch. Sen. Jennifer Fielder, R-Thompson Falls, suggested the three board members could be selected by the state’s Senate, House and governor.

SEVERAL OF the most substantive proposals received bipartisan support, however, and will now be either taken up by the full Senate or the body’s appropriations committee.

Intended to cut down on the number of criminals re-entering the Department of Corrections due to their inability to find homes, Senate Bill 65 would establish a grant program to help place convicts in affordable housing after release. It would also create a voucher program for the first three months’ rent.

Wolken told the committee that although the bill currently does not carry an appropriation, she intends to request $200,000 from the state to jump-start the program, which would also seek private donations from churches and other groups.

Several Republicans balked at the bill’s language to direct the Department of Corrections to seek federal grants, noting the likelihood of dwindling federal dollars under the presidential administration of Donald Trump and the Republican-led Congress.

Sen. Mary Moe, D-Great Falls, argued that the state would save money in the long run by cutting down on the likelihood of felons re-offending if they are able to find housing.

“If we picked up somebody off the street and incarcerated them simply because they don’t have money, we would all be outraged, but that is exactly what we’re doing with these people,” Moe said. “We keep them in prison because they don’t have the wherewithal to find a place to live.”

Sen. Chas Vincent, R-Libby, said he was torn on the issue, but agreed that the state would see a significant cost-savings from the bill. He said he will offer an amendment on the Senate floor to prevent the department from seeking federal funding for the grant program.

“It is state dollars that fund these facilities,” Vincent said. “It’s our responsibility.”

Senate Bill 63, which would implement broad changes in the way the state supervises convicts after their release from prison, passed unanimously. It directs the department to prioritize probation resources for those most likely to re-offend and loosens some punishments for “technical violations” of parole, which often keep felons cycling in and out of prison for years following a single offense.

The committee amended the bill to specify that the reform does not apply to failures to enroll in sex-offender and violent-offender programs.

“You’re obviously a danger to society, and you’re not getting the treatment you need,” Swandel said.

In his amendment, Swandel also included a provision that would give judges the discretion to send a felon to prison for repeated techincal violations.

Two other measures passed the committee by broad margins: Senate Bill 59, to establish a pre-trial risk-assessment grant program for counties and increase funding for behavioral-health treatment, and Senate Bill 67, which would standardize and provide funding for programs that treat those convicted of domestic abuse.

Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.