Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Military Jurisdiction topic
No spam. Unsubscribe anytime.
Committee backs bill to create state process for retrocession of military lands to handle juvenile cases
Summary
House Bill 496 would allow the state to accept retrocession of exclusive federal jurisdiction over certain military parcels, enabling state juvenile court jurisdiction in specified cases; the Department of Military Affairs and Department of Defense supported the measure, noting precedents in neighboring states.
Representative Ed Buttry opened House Bill 496, explaining the concept of retrocession — the federal government relinquishing exclusive jurisdiction over land it previously held — and said the bill would let the governor accept retrocession for specific military parcels so state courts could handle certain juvenile offenses.
Renee Dorval, deputy director for the Department of Military Affairs, testified the Montana National Guard has some facilities under exclusive federal jurisdiction where local prosecutors are better situated to handle crimes. Tammy Perot from the Department of Defense (online) described a high-profile case at Fort Lewis that illustrated gaps in juvenile-justice jurisdiction and said statutory authority is preferable to unenforceable memoranda of understanding.
Lieutenant Colonel Todd Wayne (Montana National Guard legal staff) provided informational detail on the Guard’s real-property inventory and identified two Fort Harrison parcels (High Rise Barracks and the RV park) as exclusive federal jurisdiction; he said most armories are state property and that Limestone Hills training area is a 30,000-acre congressional withdrawal in Broadwater County.
Buttry closed by emphasizing retrocession would occur only at the federal government’s request and with the governor’s acceptance. The committee closed the hearing; no committee vote occurred during this session.
