NCJ Number
45692
Date Published
Unknown
Length
201 pages
Annotation
PROPOSED STANDARDS FOR THE IMPROVEMENT OF MONTANA'S CRIMINAL JUSTICE SYSTEM ARE PRESENTED TO PROVIDE A USEFUL WORKBOOK FOR MONTANA LEGISLATORS.
Abstract
AN ACT TO PROVIDE FOR THE IMPOSITION OF THE DEATH PENALTY IN CERTAIN SPECIFIED CASES IS PROPOSED. MITIGATING CIRCUMSTANCES TO BE CONSIDERED AND THE IMPLEMENTATION OF AN AUTOMATIC REVIEW PROCESS IN A JUDGEMENT OF CONVICTION AND SENTENCING OF DEATH ARE SET FORTH. A THOROUGH REVIEW OF SENTENCING PHILOSOPHY, PRACTICE, AND PROCEDURE IS RECOMMENDED. IN THE AREA OF LAW ENFORCEMENT, THREE PRIORITIES WILL REQUIRE LEGISLATIVE ACTION: (1) SPECIFICATION OF STANDARDS FOR POLICE MANPOWER TRAINING AND STATE FUNDING TO COVER SUCH TRAINING; (2) THE ESTABLISHMENT OF A FORENSIC SCIENCE DIVISION, A LABORATORY OF CRIMINALISTICS FOR THE USE OF ALL STATE, COUNTY AND MUNICIPAL LAW ENFORCEMENT AGENCIES, AND AN OFFICE OF FORENSIC PATHOLOGY HEADED BY THE STATE MEDICAL EXAMINER; AND (3) ESTABLISHMENT OF EMERGENCY PEACE OFFICER ASSISTANCE LIABILITIES, OBLIGATIONS, AND RESPONSIBILITIES. A PROPOSED ADMINISTRATIVE BUDGET FOR THE FORENSIC SCIENCE SYSTEM AND LETTERS OF SUPPORT ARE ALSO INCLUDED. COMPREHENSIVE LEGISLATION IS PROPOSED IN THE AREAS OF CONCERN FOR CRIME VICTIMS, PLEA NEGOTIATION PROCEDURES, UNIFICATION OF THE STATE COURT SYSTEM, PROFESSIONALIZATION OF THE ADJUDICATION PROCESS, AND FACILITATION OF THE JUDICIAL PROCESS. AREAS OF LEGISLATIVE PRIORITY IN THE FIELD OF CORRECTIONS INCLUDE THE ESTABLISHMENT OF A FULL-TIME BOARD OF PARDONS, SPECIFICATION OF CRITERIA FOR JUDICIAL DETERMINATION OF DANGEROUSNESS OF A FIRST-TIME OFFENDER, AND ESTABLISHMENT STANDARDS FOR SENTENCING FIRST-TIME OFFENDERS. WHILE THE CONCEPT OF DIVERSION IS APPROVED, STANDARDS HAVE BEEN ADOPTED, IMPLEMENTING LEGISLATION IS NOT PROPOSED. THE ESTABLISHMENT OF A STATE CRIMINAL JUSTICE INFORMATION SYSTEM UNDER THE AUTHORITY OF THE MONTANA CRIME CONTROL BOARD IS SOUGHT. FINALLY, TO AID IN COMMUNITY CRIME PREVENTION EFFORTS, LEGISLATION IS SOUGHT TO ESTABLISH COMMUNITY DETOXIFICATION CENTERS AND ALCOHOL TREATMENT CENTERS AND TO PROVIDE FUNDING FOR SUCH SERVICES, TO AUTHORIZE THE USE OF PUBLIC SCHOOLS AS NEIGHBORHOOD SERVICE CENTERS, AND TO IMPLEMENT A CODE OF ETHICS PROHIBITING CONFLICT BETWEEN PUBLIC DUTY AND PRIVATE INTEREST FOR ALL STATE AND LOCAL EMPLOYEES. APPENDIXES INCLUDE A SUMMARY OF ALL ADOPTED STANDARDS, A MINORITY REPORT, A FIXED SENTENCING REPRINT AND SENTENCING ALTERNATIVES, FURTHER DISCUSSION OF PLEA NEGOTIATION, AND AN INFORMATION SYSTEMS COMPARATIVE ANALYSIS. A FLOW CHART OF THE IMPACT OF PROPOSED LEGISLATION ON THE MONTANA CRIMINAL JUSTICE SYSTEM IS ALSO INCLUDED. (JAP)