Last week we finished up our work on the Law and Justice Interim Committee (LJIC). The LJIC provides oversight of the Department of Justice, the Department of Correction and the Office of Public Defenders. It was at this meeting that these state agencies brought forth their bill proposals for the next session. The Department of Justice has seventeen bill requests. Some of these have been brought up at previous sessions.  There appears to be a habit of continuing to introduce a bill until it eventually becomes law. One of these, the Primary Seatbelt Law is a good example, this bill was narrowly defeated last session. Here is a synopsis of other bill requests:

• Create a perscription drug registry, this one is meant to deal with perscription drug abuse and misuse as a growing threat to public safety.

•The 24/7 Sobriety Project, to help combat the offense of DUIs.

•Sex Offender Accountability Act, amends sexual offender registry statues to address changes in federal law.

• Amend the Crime Victime Compensation Act, which increases the funeral benefit provided from $3,500 to $5,000 and to provide coverage   for secondary counseling expenses for children living in homes where domestic violence is occuring.

 • Require fingerprinting for certain misdemeanors, examples are for DUI, partner family member assault, violation of an order of protection and   indecent exposure.

• Create an offense of “Doctor Shopping,” when an individual purposely or knowingly deceives, misleads or provides false information to a health care provider in order to obtain a perscription for a controlled substance.

• Amend campaign finance laws, revises the contribution laws.

• One deals with Involuntary Mental Health Commitment Records, this one would allow the entry of records into the National Instant Criminal Background Check System (NICS).

During testimony, one individual stated to the committee that some bills they “narrowed the scope of the bills for this session so they would pass and would seek to expand them at a later session”.  Frankly, I have a problem with that. The agencies must find sponsors for these proposals.

The Department of Corrections had four bill requests and the Office of Public Defenders had seven. Some of these are:

* Access to Jailed Persons, to allow public defenders access to jailed persons prior to appointment by courts.

*Fees for Certain Services, allows public defenders to recover all or a portion of public defender costs in any case in which a person has been determined to be eligible for public defender services under this statute or by law and in which the person has the reasonable ability to pay.

*Remove Jail Time as a Penalty in Certain Misdemeanors, amends various statutes to remove jail time as a penalty to help reduce costs.

There are many more agency requests in other interim committees.

There are fourteen bill requests coming out of the Law and Justice Intermin Commttee that deal with the DUI issue. Most of these bills have wide bi-partisan support.  My bill request that addresses Minors in Posession and drivers licenses passed 11-1.  I am especially supportive of the 24/7 Project bill.  This is the law that is used in South Dakota with a high degree of success.  If you get arrested for a DUI, you must report to the sheriff’s office twice a day and “blow” or wear a SCRAM bracelet. Offender pays for the costs and if the offender fails a test, they go straight to jail.  It has been in place in Lewis and Clark County for about three months.  There have been over 1,600 “blows” and only six were “hot”. The project appears to be working very well.  One private contractor discussed the successes of the SCRAM braclets with the committee. There have been a few individuals who have tried to “beat the system”.  They have tried to use cellophane between the braclet and ankle.  The Scram braclets records tampering.  Another attempted to use chicken skin as a barrier around the ankle.  Some folks just have a hard time learning.

As of today there have been 437 bills introduced. If you are interested, go to this website and you can see what is coming up this next session.   http://laws.leg.mt.gov/laws11/LAW0217W$BAIV.return_all_bills   As I see it, more laws often mean less freedom and many just create more government.   You can email me at [email protected]  and I will send you the link. You can call me at 827-4645.