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The Interim 2 A Publication of JANUARY 2002 THE INTERIM 2 Thomas, McNutt, Stonington, and Rep. Dell spoke with NCSL's energy program director Matthew Brown about doing the assessment. Brown will prepare a proposal to be reviewed by the participating members. The group will make a recommendation to the full committee at its February meeting. Meetings Scheduled for February...The transmission and USBP subcommittees will meet in Helena Feb. 14 and the full committee will meet Feb. 15 in Helena. For more information about the committee or the transmission subcommittee contact Jeff Martin at (406) 444-3595 or [email protected]. For more information about the USBP THE INTERIM subcommittee contact Todd Everts at (406) 444-3747 or [email protected]. JANUARY 2002 HELENA, MONTANA VOL. XIII NO. 8 LEGISLATIVE COUNCIL TRANSITION ADVISORY COMMITTEE The Legislative Council met Nov. 29 in Helena. During the meeting, the Department of Administration reported on Capitol security issues, and staff of the Subcommittees to Organize in January...Because of existing and potential Legislative Services Division demonstrated the new information request system of the "bottlenecks" in the electrical energy transmission system in Montana and surrounding legislative branch. Council action included: states, the Transmission Advisory Committee will devote a significant amount of time to • deferring action on a proposed Council rule on appointments to the various aspects of transmission, especially as they relate to restructuring and new interstate and international committees; generation. During the discussion of the committee work plan on Nov. 16, Sen. Fred • adopting a recommendation from the Children, Families, Health and Thomas appointed Dave Wheelihan to chair a transmission subcommittee. Other Human Services Interim Committee not to conduct the SJR 8 study on members include Reps. Roy Brown, Steve Gallus, and Alan Olson, and Sens. Don Ryan, privatization of foster care and adoption services at this time; Emily Stonington, and Fred Thomas. Wheelihan has scheduled an organizational meeting • reaffirming guidelines on legislator claims for reimbursement related to for Jan. 24 beginning at 1 p.m. in Room 102 of the state Capitol. Representatives from the interim activities; and Northwest Power Planning Council, the Montana Power Co., and the Bonneville Power • creating a Subcommittee on Strategic issues to provide direction to Administration will provide background information on the regional transmission system. staff on projects related to the Council's strategic plan. The subcommittee will identify topics that it wants to pursue for the rest of the interim. Although HB 474, enacted during the last legislative session, extended universal The Council's next meeting is scheduled for Jan. 25. For more information, system benefits programs, the committee is required under the original restructuring contact Lois Menzies at (406) 444-3066 or [email protected] legislation (SB 390) to evaluate the need for universal system benefits programs and to make recommendations to the next legislature by July 1, 2002. Sen. Thomas appointed a subcommittee to evaluate universal system benefits programs (USBP) and associated LAW AND JUSTICE INTERIM COMMITTEE costs. The subcommittee chair is Rep. Tom Dell; other legislative members are Reps. Stan Fisher and Jim Keane and Sens. Alvin Ellis and Walter McNutt. Nonlegislative Committee Reviews Mental Health and Criminal Sentencing...The Law and members include Matt Brainard (Public Service Commission), Doug Hardy (Montana Justice Interim Committee met on Dec. 6 and 7 in Helena. The committee participated in electric cooperatives), Gene Leuwer (low-income customers), and Pat Corcoran (MPC). a half-day seminar on issues of mental health and criminal sentencing. The discussion The subcommittee will conduct a conference call the afternoon of Jan. 25 to review a focused on the legal status of forensic patients, including those who are incompetent to tentative work plan and meeting schedule. stand trial because of mental illness, those who are found not guilty because of mental illness, or those who are found guilty but are mentally ill. In the first two instances, the Proposal to Review Restructuring...At the committee's Nov. 16 meeting, "patient" is determined to be mentally ill and is legally committed to the state hospital. In members discussed a suggestion for an independent assessment of the state's the third instance, the person is convicted of a crime and although determined to be restructuring scheme. The committee decided that the National Conference of State mentally impaired or ill is sentenced to the Department of Corrections. An individual's Legislators, as a nonpartisan and uniquely qualified organization, may be the appropriate legal classification, training, treatment, level of restriction, legal rights, and other factors entity to conduct the assessment. On Dec. 11 committee members, including Sens. differ depending on the person's mental health. The impacts to the mental health or JANUARY 2002 THE INTERIM 3 JANUARY 2002 THE INTERIM 4 corrections system also varies. Committing a criminal to a mental institution or sentencing present the council's recommendations on school funding. The committee will take public a mentally ill person to prison may result in problems. Several entities are examining comment on the recommendations at the meeting. The committee will also adopt a specific problems and searching for options to mitigate existing conflicts, including the schedule of public hearings to be held across the state during February and March at HJR 1 Mental Health Services Subcommittee, the Mental Disabilities Board of Visitors, the which time citizens can comment on the recommendations. State Mental Health Ombudsman, the Department of Corrections, the Department of Following the presentation, the committee will continue its work on House Joint Public Health and Human Services (Addictive and Mental Disorders Division and the Resolution No. 41 (school district territory transfers). Hopefully by the end of the meeting, Montana State Hospital), Montana Department of Justice, and others. The committee will the committee will have made enough decisions for staff to begin writing legislation. revisit the issues later in the interim, particularly if legislation is proposed. For more information about the meeting, please call Connie Erickson at (406) The committee reviewed and adopted a revised version of Felony Sentencing 444-3064 or send an e-mail to <[email protected]>. Meeting information is also Statutes, Analysis Tool and Reference Guide, 2001. The 2003 version of the Guide will posted on the committee's website at http://leg.mt.gov. Just click on "Committees" include information on felony drug offenses (Title 45, MCA), Title 45, MCA, felony statutes and follow the links to the Education and Local Government Committee. adopted after 1995, and non-Title 45 felonies. Copies of the final document will be available before the 2003 legislative session. Jo Acton, Warden, Montana Women's Prison (MWP), discussed recent activities STATE-TRIBAL RELATIONS and developments at the MWP. Growth in the MWP population continues and exceeds capacity. Some inmates are being housed at the Crossroads facility in Shelby, at least Committee to Meet in January...The State-Tribal Relations Committee will meet until construction is completed at the MWP in Billings. Illegal drugs and alcohol are on Wednesday, Jan. 9 in Room 102 of the Capitol, beginning at 9 a.m. Gene Huntington factors in the circumstances of a majority of the MWP inmates, and there has been an of the Gambling Control Division, Department of Justice, will discuss state-tribal gaming increasing number of inmates who have been criminally associated with compacts in general and the status of current state-tribal negotiations. Representatives methamphetamine (use, manufacture, and distribution). Acton will continue to report on from the Department of Public Health and Human Services will report on some of the the issues and developments relevant to the MWP and the committee. department's programs that impact Indian people. In other matters, the committee dissolved its subcommittee on an intermediate The committee will also discuss possible study topics for the remainder of the court of appeal, reviewed correspondence from Sen. Jon Tester regarding frivolous interim and another trip to an Indian reservation in the spring. lawsuits, and scheduled observing oral arguments before the Supreme Court as part of For more information about the meeting, please call Connie Erickson at (406) its March 2002 meeting agenda. 444-3064 or send an e-mail to <[email protected]>. Meeting information will also be posted on the committees' website at http://leg. Click on "Committees" and Committee to Meet in March...The committee is scheduled to meet in Helena on mt.gov follow the links to the State-Tribal Relations Committee. March 28 and 29, venue to be announced. Items anticipated for the March agenda include: • the regular reports from the Judiciary, the Attorney General and Department of Justice, and the Department of Corrections; LEGISLATIVE FINANCE COMMITTEE • a briefing by Ed Smith, Clerk of Supreme Court, on the compilation and reporting of certain sentencing information by district courts; The Legislative Finance Committee (LFC) met Dec. 6 and 7. Reports from the • items related to the HJR 39 criminal sentencing study; and meeting are available on the Legislative Fiscal Division website at http://leg.mt.gov
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