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Bill to authorize forensic mental health facility east of Big Timber draws urgent testimony about jail backlogs and transport burdens
Summary
House Human Services Committee members heard urgent testimony Wednesday supporting House Bill 912, which would authorize construction of a minimum 70-bed forensic facility east of the Big Timber meridian and appropriate $60,000,000 to begin the project.
The House Human Services Committee heard extensive testimony in favor of House Bill 912, a proposal to authorize construction of a minimum 70-bed forensic facility in the eastern half of Montana and to appropriate $60,000,000 from an identified account to start the project.
Missoula County Attorney Matt Jennings and a coalition of county attorneys, sheriffs and prosecutors told the committee long waits for court-ordered forensic evaluations and for competency restoration beds at the Montana State Hospital (Galen/Warner Springs) are causing local detention populations to swell, delaying criminal cases and producing dismissed prosecutions.
Jennings described the policy rationale and historical context: "We did effectively deinstitutionalize places like the Montana State Hospital decades ago, but we failed to come up with some of the local facilities that we dreamed about back then," he said, and urged the committee to address the backlog. Multiple county law enforcement witnesses said people ordered for forensic evaluation or restoration sometimes wait months to more than a year for a bed at Galen, occupying jail space and requiring long transports.
Examples and impacts: Jennifer Root of the Flathead County Sheriff's Office said one individual had been in the county jail since August 2023 awaiting a hospital bed and that severe deterioration while waiting had led to multiple involuntary commitment filings. Yellowstone County Sheriff Mike Linder reported 649 inmates in a facility designed for 434; he said 13 inmates were awaiting fitness evaluations and one was sentenced and waiting for a DPHHS bed, with some orders dating from October 2023. Fallon County undersheriff Nick Eisele described rural transport burdens of roughly 490 miles one way to Warm Springs (and that Jamestown, ND, is closer than some Montana facilities for his county).
Proponents included Montana Sheriffs and Peace Officers Association, NAMI Montana, the Montana Association of Counties, prosecutors and county attorneys. Matt Kuntz of NAMI Montana warned of legal exposure to the state if counties keep people in jails without timely access to necessary treatment.
Operational and fiscal questions: D of A architecture engineering staff said the agency would manage design and construction if the bill passes but noted the department was not familiar with the $60 million figure and that a fiscal note is needed. Witnesses said construction timelines would likely take 3 to 5 years from planning to operation. Committee members asked whether 70 beds would be enough; Dr. Kevin Flanagan, CEO of Montana State Hospital, said 70 beds devoted to GBMI (guilty but mentally ill) patients could substantially reduce the county wait lists for court-ordered evaluations but could not guarantee exact percentages given changing demand.
No formal vote was taken. Committee members discussed possible amendments to increase capacity from 70 beds and to clarify funding sources; proponents recommended advancing the bill to address immediate backlogs and transport burdens.
Ending note: Proponents argued that adding forensic beds, especially in the eastern part of the state, would reduce local jail crowding, speed evaluations and restorations, reduce long transports and limit dismissals for speedy-trial violations.
