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Sponsor seeks to keep Galen beds available for pretrial fitness restoration, opponents call for study
Summary
Rep. James Reavis introduced HB237 to prevent courts from sentencing GBMI defendants to the State Forensic Mental Health Facility (Galen) so it can prioritize pretrial fitness restoration; DPHHS and county attorneys warned the measure could reduce placement flexibility and urged study and amendments.
Representative James Reavis (Downtown Billings) told the House Judiciary Committee HB237 aims to clear a backlog of defendants awaiting fitness restoration by preventing courts from sentencing GBMI (guilty but mentally ill) defendants to Galen, the State Forensic Mental Health Facility, and by directing courts to commit defendants to the custody of DPHHS for placement rather than naming Galen specifically.
Reavis said Galen is a 50-bed facility intended to stabilize pretrial defendants and that sentenced GBMI placements have filled beds and created a bottleneck that has, in high-profile instances, resulted in speedy-trial violations (he cited the State v. Allery opinion involving a 1,179-day delay). He said the bill includes an amendment that removes the specific reference to 'Galen' and instead describes the forensic facility generally, and allows an exception when the director deems it necessary.
Several witnesses opposed the bill or urged a slower, study-focused approach. Matt Kuntz (NAMI Montana) and David Carlson (Disability Rights Montana) urged broader study and coordination with county attorneys and behavioral-health planning bodies. Brian Thompson (Montana County Attorneys Association) and Alex Sturhan (Department of Justice) warned that the bill does not create additional bed capacity and could limit the department’s ability to place dangerous individuals appropriately. Shelby Demars (Montana Police Protective Association) also registered opposition on capacity and public-safety grounds.
Chad Parker (Deputy Chief Legal Counsel, DPHHS) testified informationally: he described that courts sometimes order defendants to Galen specifically and that current practice and some court orders limit DPHHS’s ability to reassign placements; he said the department proposed an amendment to preserve necessary flexibility while preventing routine sentencing that fills Galen with long-term GBMI placements. Parker said some evaluations and stabilization can be done in community settings and that department efforts (near-term initiatives) are expanding capacity, but he acknowledged flow issues remain.
Committee members pressed the department and sponsor on where defendants would be placed if Galen were restricted and on reimbursement for counties holding defendants pending placement; DPHHS said solutions are in progress but a capacity gap remains. Sponsor Reavis closed by urging a due pass and reiterating that amendments will preserve department discretion. The committee closed the hearing with no vote.
