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Bill would make it easier for military to retrocede jurisdiction to Montana for juvenile cases
Summary
House Bill 496 would add military property to statutory language enabling retrocession of jurisdiction so the federal government can return criminal jurisdiction for certain military lands to the state, potentially allowing state juvenile courts to handle some offenses occurring on military installations.
Representative Buttrey (sponsor) presented House Bill 496 to create a statutory mechanism for retrocession of jurisdiction where the federal government could relinquish all or part of the exclusive federal criminal jurisdiction it holds over certain military installations in Montana.
Brigadier General Renee Dorval, deputy director of the Montana Department of Military Affairs, said the National Guard has facilities under exclusive federal jurisdiction and that adding "military" to MCA 2-1-215 and 2-1-216 would allow the state and Guard greater flexibility if the federal government decided to retrocede jurisdiction. "Adding military to the statute will give the National Guard and the state flexibility if the federal government decides to retrocede its jurisdiction and ultimately will speed up the retrocession process because specific legislation will not be required at the time of retrocession," Dorval said.
A Department of Defense representative spoke in support and said Congress had previously directed a retrocession process following a historic juvenile case; several other states have enacted similar statutes. Lieutenant Colonel Todd Wayne, a lawyer with the Montana National Guard, answered committee questions about the scope of lands and the nature of jurisdictional changes. Wayne estimated two areas with exclusive federal jurisdiction at Fort Harrison — small parcels and an enlisted barracks area he estimated at 2–3 acres — and a small portion of Fort Missoula under exclusive jurisdiction ("less than 10 acres"). He described retrocession as a process where a service secretary (for example, the secretary of the Army) can choose to retrocede juvenile or other criminal jurisdiction back to the state.
Committee members asked about costs and which state or local actors would handle investigations and prosecutions. Wayne said county law enforcement already investigates crimes on most of Fort Harrison and that expanding state jurisdiction would likely add only incremental investigative costs. The Department of Military Affairs testified as a proponent on behalf of the governor's office.
Ending: Sponsors and proponents urged committee passage; the hearing ended with no recorded opponents and no committee vote during the hearing.
