Montana 2023 Regular Session

Montana Senate Bill SB91

Introduced
12/15/22  
Refer
12/28/22  
Engrossed
1/12/23  
Refer
1/16/23  
Enrolled
2/17/23  

Caption

Eliminate jail penalties for littering

Impact

The impact of SB 91 on state laws is notable as it aligns Montana with a growing number of jurisdictions that prioritize civil penalties over jail time for minor infractions. Proponents of the bill argue that by removing the possibility of jail time, the state can focus on rehabilitation and educating the public about littering, rather than punishing offenders with incarceration. This change could lead to a reduction in jail populations and resources spent on prosecuting low-level offenses, while also encouraging compliance through financial deterrents rather than punitive measures.

Summary

Senate Bill 91 aims to reform littering penalties in Montana by eliminating jail sentences associated with violations of littering laws. Under current law, individuals found guilty of certain littering offenses could face up to 30 days in jail and fines of up to $500. This bill modifies Section 75-10-233 of the Montana Code Annotated, replacing the jail term with a civil penalty, which could go up to $5,000. The legislation represents a significant shift towards more lenient penalties for littering offenses, reflecting a broader trend in criminal justice reform that seeks to reduce incarceration rates for non-violent crimes.

Sentiment

General sentiment around SB 91 appears to be positive among advocates for criminal justice reform. Supporters argue that it addresses concerns over over-policing and the disproportionate impact of jail sentences on marginalized communities. On the other hand, some critics express concerns that it may not sufficiently deter littering behaviors, potentially leading to increased instances of littering if offenders perceive civil fines as less serious than jail time. This tension highlights an ongoing debate over the effectiveness of penalties in changing behavior versus the goal of reducing unnecessary incarceration.

Contention

The key points of contention surrounding SB 91 include discussions about its potential effectiveness and implications for community standards regarding littering. While some believe that converting criminal penalties into civil fines might reduce the official criminal record burden for individuals, others worry that it could lead to a lack of accountability among offenders. The debate suggests a need for a nuanced approach that balances punitive measures with educational initiatives aimed at reducing litter in Montana's communities.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.