Montana Department Of Justice Wants All The Power & The Money

State Seal of Montana.

Educational Resources Affecting

Sex Offenders,

Community Safety,

and Legislation in Montana

The Montana Sex Offender Treatment Association (MSOTA) was first established in 1986 as an organization composed of various professionals who work directly with sex offenders. MSOTA’s purpose is to promote the highest standards in the evaluation and treatment of sex offenders. Look for updated links on this page during the 2011 Montana Legislature and issues of Regional and National Regulation. MSOTA members should check the member only pages for 2011 Legislative notes from our Legislatve Liaison Andy Hudak.

62nd Legislature HB0109.01
- 1 – Authorized Print Version – HB 109
1 HOUSE BILL NO. 109
2 INTRODUCED BY M. MACDONALD
3 BY REQUEST OF THE DEPARTMENT OF JUSTICE

(6) the offense was committed under 45-5-502(3), 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3),
4 45-5-603(2)(c), or 45-5-625(4) and the judge determines, (based on the findings contained in a sexual offender  evaluation report prepared by a qualified sexual offender evaluator) (This is crossed out.)  pursuant to the provisions of 46-23-509, that
6 treatment of the offender while incarcerated, while in a residential treatment facility, or while in a local community
7 affords a better opportunity for rehabilitation of the offender and for the ultimate protection of the victim and
8 society, in which case the judge shall include in its judgment a statement of the reasons for its determination.”

14 (5) If, at the time of sentencing, the sentencing judge did not apply a level designation to a sexual
15 offender who is required to register under this part and who was sentenced prior to October 1, 1997, the
16 department shall designate the offender as level 1, 2, or 3 when the offender is released from confinement.  (This is crossed out.)

24 NEW SECTION. Section 4. Retroactive applicability. [This act] applies retroactively, within the
25 meaning of 1-2-109, to:
26 (1) a sexual offender in Montana who was sentenced by a state, tribal, or federal court in any state on
27 or after July 1, 1989; or
28 (2) a sexual offender who as a result of a conviction is:
29 (a) in the custody or under the supervision of the department of corrections; or
30 (b) in Montana under the supervision of any county, state, or federal agency; or

Tell me, what gives the Department of Justice in Montana the credentials above and beyond their own qualified sexual forensic examiners?  Why have them in the first place?  DOJ and DOC are going to do their own thing anyway.  This is not their area of expertise.  This has given them a license to take other criminals that have nothing to do with this sort of crime to be placed under this program.  This has given them license to make a money racket out of the program.  Abusing a program that is suppose to be there for the safety of the community, not for DOJ’s ill gotten gains.  For them to predict in February, 2o12 to the Law and Justice Committee that there are about 700+ per fiscal year added to the registry is astounding.  You would think Montana was largely populated like New York City.  Adding onto the Judges sentences, adding on tiers and labels above and beyond their expertise. No wonder the system is getting backed up with inmates.  When has DOJ, DOC and the Montana Parole Board become more qualified to administer these new laws over and above the state certified forensic examiners and the judges?  Does that mean someone that is not in their profession can just as easily do their job? Is that all there is to it? 

Categories: Montana DOJ, MT Speaks Up | Tags: , , , , , | 8 Comments

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8 thoughts on “Montana Department Of Justice Wants All The Power & The Money

  1. I also don’t understand how they get to do retroactive sentencing, seems to me that this approaches very near to an ex post facto law, shich is very clearly unconstitutional.

    • There was a man that testified at the Law and Justice Committee Meeting. He served time in Washington. Completely. He decided to move to Montana, he started a business that was doing well. The state found out that he had done time in Washington and they said that he did not report in to them. He did not need to as he was not on probation. His time was over. They sentenced him to 5 years, the state said this was Montana. Law is different. He had to serve more time than the original sentence called for in the prior state which was no more than 1 year. How do they do that? Needless to say, he lost his business, home, family, everything.

      • There are some federal reporting requirements but, on on sex crimes, and I’m assuming this didn’t fall under them. Montana is apparently completely out of control, I have no idea what to do about it but something big needs to happen.

      • That is correct. Even on a sex crime though, unless they are mandated by the law of their sentencing to be registered because the crime called for that they don’t have to report in. If they did their time and met the state requirements they are done.

      • They have learned how to use a system and make money at it, all the while thinking Americans will stay stupid about it. You have to admit, it’s a good cover. People are afraid of this issue so the state plays on it and hides many of their money making agenda’s in there.

      • But, as always, Americans wake up eventually. The retribution tends to be very bad because one thing most Americans really hate is injustice.

      • I really hope we can, that we didn’t wait too late. But you are right.

  2. Montanaiscorrupt

    Montana is extraordinarily corrupt. They love profiting off sex offenders. I have a friend who was arrested at age 13 for having oral sex with a 10 and 11 year old. He’s 20 now and got sentenced another year probation because they weren’t satisfied with the wording of his assignment apparently. There’s a special place in hell for these people

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