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Judiciary seeks permanent pretrial funding and two judges for Yellowstone County; subcommittee approves two judges, not full pretrial package

2732665 · March 21, 2025
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Summary

The judicial branch asked the subcommittee to make the temporary pretrial program permanent and to add three judges in Yellowstone County; the subcommittee approved two judges and did not adopt the full pretrial funding request, leaving the program’s statewide expansion unresolved.

The Montana judicial branch urged the House Appropriations Section D subcommittee to fund an ongoing pretrial assessment and supervision program and to add judges to address high caseloads in Yellowstone County. Chief Justice Corey Swanson and Supreme Court Administrator David McAlpin told the committee the pretrial program provides rapid, data‑driven information (PSAs) to judges and funds county‑level supervision and monitoring that can reduce unnecessary pretrial detention.

Why it matters: Judiciary officials said the pretrial program helps reduce jail populations, preserve law enforcement arrest capacity and provide risk assessments judges use at arraignment. The court asked the Legislature to convert one‑time or grant funding into ongoing support for the program because counties that use the program showed measurable operational benefits, including faster screening and community supervision alternatives.

Yellowstone judges: The judicial branch requested three additional district judges for the Thirteenth Judicial District (Yellowstone County). The subcommittee approved two judges and directed the judicial branch to explore specialized dockets to generate efficiencies. Administrator McAlpin cited large criminal dockets — including dozens of homicides in recent filings — as a driver for the additional judicial capacity.

Pretrial program details: The court described the Helena‑based PSA unit that prepares pretrial risk assessments and the county grants that support supervision and testing; the program’s central office is described as a secure unit with access to criminal‑justice databases that produces validated screening reports for participating counties. The judicial branch said the program’s annual cost (roughly $615,000 total across Helena and the on‑the‑ground county supports) is concentrated in five counties (Yellowstone, Missoula, Butte‑Silver Bow, Lewis and Clark, and Lake) and that additional counties have used PSA services at no cost where the court provided them.

What the subcommittee did: The panel granted two of the three requested judgeships and did not fund the pretrial program as a statewide ongoing appropriation; committee members said some counties already perform similar work locally and asked the judiciary for a clearer assessment of costs, outcomes and county participation. Administrator McAlpin requested that the committee consider the program’s jail‑population and recidivism savings when evaluating the cost.