Montana 2023 Regular Session

Montana Senate Bill SB89

Introduced
12/15/22  
Refer
12/28/22  
Refer
1/23/23  
Engrossed
2/2/23  
Refer
2/14/23  
Refer
4/4/23  

Caption

Create pretrial diversion pilot program

Impact

If enacted, SB89 will significantly alter the approach to handling nonviolent drug offenses in Montana. It introduces the concept of pretrial diversion as a means to divert eligible defendants away from the penal system, leading to possible dismissal of charges upon successful completion of the program. Funding for the program will come from a designated revenue account funded by marijuana taxes, thus aligning the financial structure of this initiative with contemporary drug policy perspectives. The bill also includes reporting and accountability measures to ensure the effectiveness of the pilot program across participating counties.

Summary

Senate Bill 89 is a legislative proposal aimed at establishing a pretrial diversion pilot program for nonviolent felony drug offenses within the state of Montana. The bill requires the Department of Justice to develop and administer this program in at least three counties, using funds derived from marijuana taxes. The key objective of the bill is to provide an alternative pathway for defendants who exhibit substance use disorders, allowing them to seek rehabilitation instead of proceeding through traditional criminal justice channels. This is envisioned as a way to reduce prison populations and support recovery efforts.

Sentiment

The sentiment surrounding SB89 appears to be generally positive among advocates of criminal justice reform, who view the bill as a progressive step toward addressing drug-related offenses in a humane and constructive manner. Supporters argue that the program could lead to lower recidivism rates by focusing on treatment rather than punishment. However, concerns may be raised by those skeptical of diverting funds from the marijuana revenue or those who question the efficacy of treatment-focused alternatives in the criminal justice system.

Contention

While the bill mainly enjoys support among reform advocates, some points of contention may arise regarding how the pilot program will be assessed, its implementation logistics, and its potential to fully address the systemic issues within the current criminal justice framework. Critics might argue about the adequacy of resources dedicated to treatment services and whether the program will genuinely lead to a decrease in repeat offenses or merely serve as a temporary fix in light of more complex societal issues.

Companion Bills

No companion bills found.

Similar Bills

WV SB191

Relating to liability for payment of court costs as condition of pretrial diversion agreement

WV SB726

Relating to pre-trial diversion agreements and deferred prosecution agreements

CA SB1054

Pretrial release and detention: pretrial services.

CA AB42

Bail: pretrial release.

CA SB10

Pretrial release or detention: pretrial services.

TX HB3691

Relating to community supervision and corrections departments and community justice plans.

NJ S3963

Establishes separate criminal offense for threats against certain persons involved in criminal proceedings; requires pretrial detention.

NV SB235

Revises provisions relating to pretrial release. (BDR 14-310)