Montana's 69th Legislature has introduced House Bill 605, a significant measure that alters the conditions under which individuals may be subjected to strip searches in jails and correctional facilities. The bill, introduced on April 29, 2025, aims to address concerns regarding the treatment of individuals detained for non-felony offenses while also establishing a fee structure to support the development of search guidelines.

Under the current law, strip searches are only permissible when there is reasonable suspicion that an individual is concealing contraband or evidence of a crime. However, HB 605 proposes that individuals who will be housed in a jail or correctional facility for more than 12 hours may be subjected to a strip search without the need for reasonable suspicion. This search must be conducted by a law enforcement officer of the same sex and explicitly prohibits any penetration of body cavities.

The bill has sparked notable debate among lawmakers and civil rights advocates. Proponents argue that the measure is necessary for maintaining safety and security within correctional facilities, particularly as it relates to the potential for contraband smuggling. However, opponents raise concerns about the implications for personal privacy and the potential for abuse, especially for individuals detained for minor offenses.

Additionally, the bill includes a provision requiring each county to pay a $250 fee to the Montana Department of Justice. This fee is intended to assist in developing standardized guidelines for conducting strip searches, which could help mitigate concerns about inconsistent practices across different jurisdictions.

The implications of HB 605 are significant, as it could set a precedent for how individuals are treated in the justice system, particularly those who are not charged with serious crimes. Experts suggest that the bill may lead to increased scrutiny of law enforcement practices and could provoke further discussions about the balance between security and individual rights.

As the legislative process unfolds, the future of House Bill 605 remains uncertain. Stakeholders from various sectors will be watching closely, as the outcomes could have lasting effects on the treatment of detainees in Montana's correctional facilities.