Criminal Legal Reform

The ACLU of Montana continues to envision a criminal legal system (also called the criminal justice system) that fairly serves all, especially those who have been historically marginalized or treated unjustly. We work to end mass incarceration, combat the criminalization of poverty, and more.

inmate

Key Facts

  1. Between 1978 and 2022, Montana’s prison population increased by more than 400%.
  2. A 2022 report found that, while Indigenous people made up about 7% of Montana’s population, they made up more than 20% of the state prison population
  3. Over the past decade, “criminal possession of dangerous drugs (without intent to distribute)” is by far the highest single new offense—for both men and women—that sends people in Montana to prison
  4. Since 2019, most admissions to Montana prisons were due to individuals having their community supervision revoked, not due to new convictions

In recent decades, the United States has relentlessly expanded the size of its criminal legal system (sometimes called the criminal justice system) needlessly throwing away lives and wasting trillions of taxpayer dollars. Montana is no exception, with a criminal legal system that is unproductive, wasteful, and dominated by racial disparities. The ACLU of Montana works to end mass incarceration, abolish the death penalty, combat the criminalization of poverty, decrease racial disparities, end the cash bail system, and ensure constitutionally protected treatment for people moving through Montana's criminal legal system.

See the ACLU’s Campaign for Smart Justice Montana State Blueprint for more about mass incarceration and our recommendations for positive change.

Additional Resources

The Latest

News & Commentary
A drawing of two hands, raised in the Victory symbol, handcuffed together but still defiant

Provide solutions instead of criminalization

Today marks day 78 of the 2025 Montana legislative session.  As we move closer to sine die, or the final day of this legislative session, our team remains resolute in our work to stop bills that trample on the civil rights and liberties of Montanans— with a focus this week on House Bill 642. 
News & Commentary
The text "Key Issue Area: Decriminalizing Poverty" over a photo of people holding hands

Rise in support of civil liberties

It is all-hands-on-deck in opposition to Senate Bill 114, a proposal that would require the display of the Ten Commandments in every public school classroom across Montana.
News & Commentary
buffer map for Missoula unhoused ordinance

Missoula City Council Handling of “Urban Camping” Will Harm Our Unhoused Community

Like many cities across the United States, Missoula has been grappling with how to accommodate people who are forced to sleep outside when housing is out of reach. Unfortunately, the Missoula City Council has ignored expert recommendations and significant community input related to Missoula’s “urban camping” policies; instead some City Council members pushed ahead with a harmful and restrictive urban camping ordinance that will demonstrably make life harder and more dangerous for Missoula’s unhoused residents.
Press Release
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ACLU of Montana Strongly Opposes Legislature's Attempt to Expand Contract with CoreCivic, Sending Incarcerated People Out-of-State

The Montana House Budget Committee today added an amendment to Section D of the FY25 budget to expand the State's contract with CoreCivic, the private prison company previously named Corrections Corporation of America. This amendment would send up to 120 imprisoned Montanans to CoreCivic facilities.
Issue Areas: Criminal Legal Reform
Court Case
Apr 01, 2020

Disability Rights Montana v. Board of Pardons and Parole, et al.

Court Case
Apr 17, 2019

Mitchell and Meuchell vs. First Call, Allegheny Casulty, International Fidelity, and the Montana Civil Assistance Group

Court Case
May 15, 2019

Keefe v. Kirkegard

Court Case
Jun 26, 2012

State v. Yarlott