City discusses implications of Marsy's law

In her report during the city council meeting last Monday, City Manager Susan Nicosia brought to attention issues facing the city in implementing Marsy’s law. The law, which gives greater rights to victims of a crime, has proven tough to implement due to some confusing language, Nicosia told the council. There was also no definite effective date to direct implementation, Nicosia said.

“It’s a good law in concept,” said city attorney Justin Breck. Breck added that he was “very much in favor” of implementing the law beginning in July.

The city’s concerns are financial in nature.

Under Marsy’s law, a victim must be informed before a suspect can be released.

“If the victim is unreachable, the suspect can’t be released,” explained Police Chief Clint Peters.

This could put a strain on the Flathead County Jail, Peters said. In addition, the law requires notifying every single person the new law defines as a victim, which will be more time consuming. He also noted that the scope of what a victim is has changed under this law.

The police department already notifies victims in partner/ family member assault cases before a suspect is released, Peters noted.

“Our saving grace is that we already have something similar in place,” he said.

In other Council news:

• The final lot of a city-owned subdivision was sold. Nicosia told the Council that she received a cash offer of $85,000 for the property. “This takes us out of the subdivision business,” she said. The sale is scheduled to close on Dec. 19.

• Nicosia and Peters discussed possible solutions to vandalism at the old Red Bridge, where graffiti is repeatedly an issue. Nicosia suggested bringing high school students in to discuss solutions, drawing on the success of the Graduation Matters student group in designing way-finding signs. “This is exactly the kind of thing they can get involved in,” Nicosia said. Peters pointed out that the best deterrent to vandalism is a well-lit area, where people know they can be seen. He suggested flood lights to help alleviate the problem.

• The Council unanimously appointed councilmen Mike Shepard and Steve Hughes to the City Planning Board and Zoning Commission. The appointment is for a two-year term that concludes Dec. 31, 2018.