[Vision2020] Thank you, sir. May I have another?

Tom Hansen thansen at moscow.com
Sun Feb 3 06:20:48 PST 2013


Some things you just can't make up . . .

Montana State Representative Jerry O'Neill (R-Columbia Falls) introduced a bill to the Montana state legislature providing for the imposition of corporal punishment, in lieu of incarceration, upon those convicted of a crime (including felonies).

Courtesy of the Montana state legislature at:

http://data.opi.mt.gov/bills/2013/lchtml/LC1452.htm
  
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     NEW SECTION.  Section 1.  Corporal punishment in lieu of incarceration. (1) Notwithstanding any other provision of law to the contrary, a person convicted of any offense by a court in this state, whether a misdemeanor or felony, may during a sentencing hearing as provided in 46-18-115 bargain with the court for the imposition of corporal punishment in lieu of or to reduce the term of any sentence of incarceration available to the court for imposition.

     (2) The court and the person convicted of an offense shall negotiate the exact nature of the corporal punishment to be imposed, which must be commensurate with the severity, nature, and degree of the harm caused by the offender. If the court and the offender cannot agree on the exact nature of the corporal punishment to be imposed, the court shall impose a sentence as provided in 46-18-201.

     (3) The imposition of a sentence under this section must be carried out by the sheriff of the county in which the crime occurred if the sentence for corporal punishment reduced or eliminated the term of incarceration in the county jail or by the department of corrections if the sentence reduced or eliminated the term of incarceration in the state prison. Any imposition of sentence pursuant to this section must be carried out within a reasonable time.

     (4) For purposes of this section, "corporal punishment" means the infliction of physical pain on a defendant to carry out the sentence negotiated between the judge and the defendant.

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The bill (LC 1452)
http://data.opi.mt.gov/bills/2013/billpdf/LC1452.pdf

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Montana State Representative Jerry O'Neill
http://www.leg.mt.gov/css/Sessions/63rd/leg_info.asp?HouseID=0&SessionID=107&LAWSID=12555
  
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Seeya round town, Moscow, because . . .

"Moscow Cares"
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still 
But first you must learn how to smile as you kill 
If you want to be like the folks on the hill."

- John Lennon
 


Seeya round town, Moscow, because . . .

"Moscow Cares"
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still 
But first you must learn how to smile as you kill 
If you want to be like the folks on the hill."

- John Lennon
 
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