Montana Senate Bill 60 was enacted by the request of the Commission on Sentencing. The law is designed to create a 30 day limit for the completion of presentence investigations of felony offenders and to create a Presentence Investigation team.
I have previously posted that I believed the people that comprised the Commission on Sentencing had a sincere desire to help offenders and reduce recidivism. The passage of Senate Bill 60 disposes of my belief that the members were acting in good faith for offenders. Senate Bill 60 violates the 6th Amendment of the Bill of Rights. Let's take a look at what this bill really does and the horrendous result of the Commission's actions.
Presentence investigations (PSI) involve interviewing the defendant, reviewing the defendant's criminal history, interviewing victims, making program and treatment referrals and writing the PSI report. The PSI report is then given to the judge to determine the sentence given the defendant. Senate Bill 60 allows probation and parole officers to prepare PSI reports PRIOR to a guilty plea or finding so the report will be completed within 30 days. Senate Bill 60 finds the defendant guilty until proven innocent.
Justice Reinvestment in Montana, January 2017
Report to the Montana
Commission on Sentencing
Further, probation and parole officers will be allowed
to prepare PSI reports in felony cases prior to a guilty
plea, ...or finding.
The 6th Amendment of the Bill of Rights establishes the "innocent until proven guilty" mantra that is present in the United States legal system. Montana Title 46., Criminal Procedure Chapter 16, Part 2, MCA 46-16-204, guarantees the defendant is presumed innocent until proven guilty. The presumption of innocence is a legal right of the accused and it is an international human right under the UN's Universal Declaration of Human Rights.
Senate Bill 60 takes away this fundamental right of innocence by allowing probation and parole officers to assume the defendant is guilty, before the finding of fact, and conducting a Presentence Investigation to give to the judge for sentencing. The Presentence Investigation is designed to influence the judge in determining the sentence of the defendant before the defendant is found guilty. The defendant is now guilty until proven innocent.
The Montana Budget Subcommittee, February 13, 2017, approved a decision package to fund 6 full time state employees and $720,000.00 to create a Presentence Investigation team, as proposed by Senate Bill 60. The State of Montana approved nearly three quarter of a million dollars to violate your human rights granted under the 6th Amendment of the Bill of Rights, Montana Code Annotated 46-16-204 and the UN's Universal Declaration of Human Rights.
In Montana, under Senate Bill 60, all Montanans are guilty until proven innocent. The members of the Commission on Sentencing have violated the basic tenants of human rights and under no condition should we believe they are acting in good faith. Justice Reinvestment in Montana? I don't think so.
This is justice at its' worst. Thank you Commission on Sentencing. You have just violated the basic human rights of all Montanans. Senate Bill 60 has demonstrated the ignorance of legislators and corruption of the Montana justice system.
Defense Attorney's, take note - your client was found guilty before pleading or a trial. This sounds like a good case before the Montana Supreme Court. Senate Bill 60 is a violation of your client's rights.
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