Montana House Bill HJ30

Montana 2023 Regular Session

• Introduced: 4/20/23
• Refer: 4/20/23
• Engrossed: 4/28/23
• Refer: 4/29/23
• Failed: 5/8/23

Caption

Study of criminal fines, fees, and forfeitures

Impact

If approved, HJ30 would facilitate an exploration of how current practices surrounding criminial fines impact local government finance, the justice process, and the experiences of those involved in the system. The study would delve into national best practices and consider how they could be applied within Montana to improve the system. Such a study aims to inform future legislative measures concerning the financial obligations in the criminal justice system, which could lead to significant changes in funding structures that currently rely on these fines and fees.

Summary

House Joint Resolution 30 (HJ30) aims to initiate an interim study of criminal fines, fees, and forfeitures imposed within the Montana criminal justice system. This resolution seeks to evaluate the statutory authority governing these financial obligations, how they are distributed amongst state and local entities, and their implications on the criminal justice policy. HJ30 emphasizes the need for a comprehensive review since the last in-depth examination of these financial burdens occurred over a decade ago. The intent is to understand their financial impact on various stakeholders, including offenders, victims, law enforcement, and the courts.

Contention

Notable points of contention surrounding HJ30 may arise from the potential implications of separating law enforcement funding from fines. There is concern about how these changes could affect the sustainability of local law enforcement budgets. Additionally, discussions may focus on whether imposing financial obligations disproportionally burdens low-income defendants and on the effectiveness of current practices in serving the interests of justice versus generating revenue for the state and local governments. The involvement of various stakeholders such as judges, law enforcement officials, and advocacy groups will be crucial in shaping the outcomes of the proposed study.