Who We Are
In 2007, National ACLU provided the means for the ACLU of Montana to expand its services and advocacy by designating our state affiliate to receive “Strategic Affilliate Investments.” As a result, in October 2008, the ACLU of Montana launched the “Montana Prison Project” (MPP), which included hiring a full-time staff attorney devoted to the advocacy of constitutional jail and prison conditions. Montana Prison Project’s advocacy includes:
- the provision of humane and sanitary living conditions;
- the provision of constitutionally required medical care, including mental health care;
- the protection of First Amendment rights and religious liberties while incarcerated; and
- racial justice.
What We Do
Montana Prison Project monitors conditions of confinement in Montana’s jails, which are run by the individual counties, and the prisons, which are run by the Montana Department of Corrections. Every month, we receive 30–50 complaints from inmates throughout the State and in all levels of confinement. Since the creation of MPP and the hiring of a staff attorney, we are now able to respond to more complaints than previously, travel to facilities across the state for interviews and participate in jail and prison tours.
Montana Prison Project advocates for constitutional jail and prison conditions in a variety of ways. A comprehensive database allows MPP to compile and organize the number of complaints that we receive, and assists us in tracking trends and problems on either a substantive or facility level. With this information, MPP can compare conditions of the various facilities and advocate for uniform jail and prison standards throughout the state. MPP also investigates complaints by interviewing inmates, family members and witnesses, reviewing medical records and discussing concerns with jail and prison staff. Demand letters are sent when necessary to advocate a change in position or review of a situation. Also, when necessary, MPP cooperates with attorneys throughout the State to bring litigation to assure that constitutional standards are being met in Montana’s jails and prisons.
Building a Network of Legal Professionals
Unfortunately, even with MPP’s one staff attorney, the number of complaints we receive and the need for assistance is daunting. In 2009, MPP will begin outreach to local attorneys and legal professionals who are willing to form an advocacy network for humane and constitutional jail and prison conditions. One main goal of this network is to conduct initial interviews with pre-trial detainees at local jails who have filed complaints with the ACLU of Montana. This will help ensure that emergency conditions can be promptly remedied. If you are a legal professional who wants to volunteer for MPP’s prison and jail advocacy network, please contact Betsy Griffing, Legal Director.
The Montana Prison Project’s Advocacy Work
Proper Care for the Incarcerated Mentally Ill. Unfortunately, our mental health care system is overburdened and all too frequently, those suffering from mental illness are sent to the local jails. In order to provide the proper care, local jails must provide prompt and qualified mental health services, including examinations, evaluations, and treatment. Too often, however, the mentally ill are not provided medication of any kind while incarcerated, and are subject to extreme measures such as being tasered, pepper sprayed, or shot with a pepper gun. That's what has happened to a teenager with mental illness in solitary confinement at the Montana State Prison. Another extreme example of this occurred at the Missoula County Detention Center in July of 2006. MPP is investigating the suicide of a mentally ill individual at the Gallatin County jail. Click here for a copy of the report issued by the Montana Disabilitiy Rights Program which detailed the incident.
Proper Medical Care for Incarcerated Individuals. A jail or prison is required by the United States Constitution and the Montana Constitution to provide adequate medical care to inmates and pre-trial detainees. Three of the largest jails in the State, in Bozeman, Missoula and Great Falls, contract the provision of their medical care to Spectrum Medical Services, Inc. Under these contracts, nurse practitioners oversee the provision of all medical care in these facilities. We filed a case in November 2009 to help a pregnant woman who was denied prescribed medication by officials at the Lake County Jail. Additionally, MPP investigates suicides that occurs in detention facilities throughout the State.
Safe and Secure Conditions. A jail or prison is required to protect an individual from harm while incarcerated. MPP is currently investigating an allegedly racially-based beating at the Missoula County Detention Center and alleged rapes at Montana State Prison and Dawson County Detention Facility.
Adequate Living Conditions. Proper heat, water, toilet facilities, sleeping conditions and exercise are constitutionally required. MPP advocated for better heat in cells at Cascade County Detention Facility, and hot water at the Flathead County Detention Center. MPP conducted a tour of the Lincoln County jail based on a complaint by a detainee in a wheelchair. MPP successfully sought minimum access under the American Disabilities Act to showers and toilet for individuals using wheelchairs.
First Amendment - Religious Freedom and Racial Justice. Inmates of all religions must be allowed to practice the religion of their choice while incarcerated. Inmates from a privately-run prison filed complaints with the MPP because individual’s participating in a Native American sweat lodge ceremony were being subjected to mass strip searches before and after the ceremony. The MPP met with the Governor’s office regarding this issue and continues to advocate for recognition and non-discrimination of the sweat lodge ceremony.
Two women at Passages pre-release center in Billings filed complaints in October 2008 regarding the facility’s refusal to allow the women to speak their native Crow language during their religious ceremony.
First Amendment- Rights of Association. Currently, the Montana Department of Corrections does not allow inmates to participate in pen pal organizations. Along with the National Prison Project, we are investigating the constitutionality of such a policy ban. Courts have long held that a prisoner does not shed basic First Amendment rights at the prison gates. This includes, among other rights, the right to receive and send mail.