When someone accused of a crime has a mental illness that impacts their ability to understand the legal process, courts will send them to the Montana State Hospital.The hospital stabilizes them so they can stand trial. But the roughly 50 beds set aside for criminal defendants at the state hospital aren’t enough.
Flathead County Jail Commander Jennifer Root told lawmakers it’s hard to keep these defendants safe because staff can’t force them to take medications or accept treatment.
“They could no longer care for themselves in jail. Even though we provide them food, they got to the point where they’re defecating on the floor, rubbing menstrual blood all over. Losing weight, up over 50 pounds.”
County attorneys said they sometimes drop charges because they fear the county could be held legally liable for holding someone in jail beyond the 200 day limit for a speedy trial. They say some of those people go on to commit more crimes and quickly return to jail.
A new bill would spend $60 million to build a 70-bed facility in eastern Montana to provide treatment to criminal defendants. State health officials told lawmakers that could alleviate most of the waitlist for beds.
Lawmakers want the facility in the eastern side of the state because county sheriff offices there drive hundreds of miles to drop defendants off at the state hospital near Butte.
The bill received its first hearing Monday before the House Human Services Committee. Chair Jodee Etchart called for a larger facility to meet future needs. Other lawmakers supporting the bill agreed that discussion was worth having.
There was no opposition to the legislation.
