Per Jason Marks: My position is that the county should strongly oppose. I have some significant concerns.
First and foremost this would allow someone to potentially get charged with a misdemeanor instead of a felony on stacking offenses. We routinely deal with cases were someone would be charged with a felony DUI but for the expungement law in the 1980’s for DUI offenses. As a result they get yet another misdemeanor DUI rather than getting the mandatory inpatient treatment and long term supervision that comes with a felony DUI. The same public safety concerns would also hold true for misdemeanor sexual assault, PFMA, stalking, and order of protection violations.
I am also concerned that the fact that the expungement would potentially prevent judges from having all of the information they would need to sentence someone appropriately or set appropriate bail for a later offense. It is common for a prosecutor to present relevant details from a prior offense in court. An obvious example is being able to tell the court that the victim in a current case is the same victim from a defendant’s prior offense a number of years ago. If all records are expunged, we would not be able to do that.
Comment from Judge Landee Holloway: I agree with Jason. For all the reasons he stated. Past behavior is a predictor of future behavior; ie risk potential. There are already measure in place for first time offenses in some cases. Yes people can change and let the gaps in there criminal histories be the indicator and what they have accomplished in life, not expungements. And yes as a Judge, it could be difficult to properly determine a person's risk to the community if portions of criminal history were not available.
Representatives Hill-Smith, McConnell, and Morigeau,
Missoula County opposes HB 168 - Provide for expungement of criminal records for misdemeanors, before House Judiciary tomorrow morning. This bill would allow for misdemeanor charges instead of a felony on stacking offenses. This creates public safety concerns, as many are charged with misdemeanors for sexual assault, stalking, order of protection violations and DUIs, instead of a felony. The expungement would also potentially prevent judges from having all of the information they need to sentence someone appropriately or set bail for a later offense. The Missoula County Attorney's Office strongly opposes HB 168.
Please oppose HB 168.
Respectfully,
Vickie Zeier on behalf of the Missoula County Commissioners
Sending the following to MC Reps: Representatives, Missoula County now supports HB 168 - Provide for expungement of criminal records for misdemeanors, being heard on the House floor this afternoon. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments. Please support HB 168.
Representatives Dudik, Hopkins, Ryan, and Tschida,
Missoula County now supports HB 168 - Provide for expungement of criminal records for misdemeanors, being heard in House Appropriations this afternoon. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Missoula County supports HB 168 - Provide for expungement of criminal records for misdemeanors, being heard in Senate Judiciary tomorrow morning. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Missoula County continues to support HB 168 as amended - Provide for expungement of criminal records for misdemeanors, being heard on the House floor this afternoon. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Per Jason Marks: My position is that the county should strongly oppose. I have some significant concerns.
ReplyDeleteFirst and foremost this would allow someone to potentially get charged with a misdemeanor instead of a felony on stacking offenses. We routinely deal with cases were someone would be charged with a felony DUI but for the expungement law in the 1980’s for DUI offenses. As a result they get yet another misdemeanor DUI rather than getting the mandatory inpatient treatment and long term supervision that comes with a felony DUI. The same public safety concerns would also hold true for misdemeanor sexual assault, PFMA, stalking, and order of protection violations.
I am also concerned that the fact that the expungement would potentially prevent judges from having all of the information they would need to sentence someone appropriately or set appropriate bail for a later offense. It is common for a prosecutor to present relevant details from a prior offense in court. An obvious example is being able to tell the court that the victim in a current case is the same victim from a defendant’s prior offense a number of years ago. If all records are expunged, we would not be able to do that.
Comment from Judge Landee Holloway: I agree with Jason. For all the reasons he stated. Past behavior is a predictor of future behavior; ie risk potential. There are already measure in place for first time offenses in some cases. Yes people can change and let the gaps in there criminal histories be the indicator and what they have accomplished in life, not expungements. And yes as a Judge, it could be difficult to properly determine a person's risk to the community if portions of criminal history were not available.
ReplyDeleteRepresentatives Hill-Smith, McConnell, and Morigeau,
ReplyDeleteMissoula County opposes HB 168 - Provide for expungement of criminal records for misdemeanors, before House Judiciary tomorrow morning. This bill would allow for misdemeanor charges instead of a felony on stacking offenses. This creates public safety concerns, as many are charged with misdemeanors for sexual assault, stalking, order of protection violations and DUIs, instead of a felony. The expungement would also potentially prevent judges from having all of the information they need to sentence someone appropriately or set bail for a later offense. The Missoula County Attorney's Office strongly opposes HB 168.
Please oppose HB 168.
Respectfully,
Vickie Zeier on behalf of the Missoula County Commissioners
Sending the following to MC Reps:
ReplyDeleteRepresentatives,
Missoula County now supports HB 168 - Provide for expungement of criminal records for misdemeanors, being heard on the House floor this afternoon. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Please support HB 168.
Sending the following today at 2:
ReplyDeleteRepresentatives Dudik, Hopkins, Ryan, and Tschida,
Missoula County now supports HB 168 - Provide for expungement of criminal records for misdemeanors, being heard in House Appropriations this afternoon. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Please support HB 168.
Sending the following today at 4 p.m.:
ReplyDeleteSenators Fielder and Sands,
Missoula County supports HB 168 - Provide for expungement of criminal records for misdemeanors, being heard in Senate Judiciary tomorrow morning. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Please support HB 168.
To be sent today(3/31) at noon:
ReplyDeleteRepresentatives,
Missoula County continues to support HB 168 as amended - Provide for expungement of criminal records for misdemeanors, being heard on the House floor this afternoon. HB 168 has been amended to remove misdemeanor charges in place of a felony on stacking offenses. The Missoula County Attorney's Office and Justice Court are in favor of these amendments.
Please support HB 168.