Counties dismissing charges, unable to prosecute crimes because of overcrowding

At a recent meeting, Lake County Attorney James Lapotka told a group of lawmakers, peace officers and judges about two recent cases his office handled that protected Montanans’ Constitutional rights — but had tragic results.

Lake County released a person from jail who later went to a relative’s home, set it on fire with gasoline and tried to fire a crossbow at a person because the former prisoner was convinced his relative was possessed by the devil.

Another case centered on a person being brought into custody after attacking another resident with a hammer.

Both needed help. Both needed to stay incarcerated. But neither one was able to.

“It’s not OK they’re being held for more than 200 days without a clear plan,” Lapotka said. “The state is failing to meet its burden because they have Constitutional rights.”

The meeting that happened in Polson on Monday could have happened in any one of Montana’s other 55 counties, the Lake County leaders said. It’s just that Lake County is literally at its limit, its “max.” So, they gathered law enforcement, members of the court and legislators to let them know the county is at it’s breaking point when it comes to jailing residents and needing state services.

They said it’s becoming more common for judges to have to dismiss criminal charges because of constitutional protections guaranteeing a speedy trial. Many of those charged with crimes come to jails and detention facilities across the state either in clear mental crisis, or there’s a question of whether they’re even competent enough to stand trial or help in their own defense. The wait for an evaluation takes so long that it violates their guarantee of a speedy trial, their liberty, and due process.

Lapotka said it’s easy to keep someone incarcerated when they’ve hurt a cop or killed someone.

“We’ll keep someone here for five years or however long it takes,” Lapotka said. “But what happens to the person who just shoots and injures someone but doesn’t kill them?”

Lapotka offered tours on Monday morning to show any of the officials what happens when residents sue the county — Lake County is currently going through construction of more than $1 million for an outdoor recreation space for its county inmates, paid for by taxpayers after a successful lawsuit against Lake County because of overcrowding. He said that jails and detention centers throughout the state will be the target of more lawsuits because of overcrowding and backlog.

“Helena fails to appropriate these funds for the state programs, and it falls to the county,” Lapotka said.

Judge John Mercer pointed out a Lake County resident who had a long history of drinking and assault. He served limited time for more than four DUIs and violated parole for nearly 10 years before being charged with a sex crime he pleaded guilty to.

“Had that person been brought in here, and served his sentence, that rape might not have occurred. The state needs to take a hard look at this because things are getting worse with mental illness and crime,” Mercer said.

Many in the room said that while the problem has been ongoing for years, if not decades, a combination of increasing population and a dramatic increase in methamphetamine and opioids has made it an emergency.

But a huge backlog at the state’s forensic evaluation complex in Galen, or the state’s mental hospital in Warm Springs, means counties have to hold some people charged with misdemeanor crimes for weeks or even months. It has now gotten to the point where counties, and judges in particular, must release the person charged, knowing that these people could hurt others or themselves again.

“Unlike the previous practice, the Montana State Hospital is no longer accepting involuntary commitments which was a shock to both of us,” said Lake County District Court Judge Molly Owen, who was part of the meeting, along with fellow Judge Mercer.

Officials at the meeting said that it can take as long as 18 months for a forensic evaluation through the state, which helps explain some of the backlog.

Chad Parker, the deputy legal counsel for the Montana Department of Health and Human Services, knows about the problem, understands the frustration, but admits: There are few beds available, and even fewer community-based services to help the backlog.

“These are situations that are all-too-familiar with us,” Parker said. “Our hearts are breaking for you, and there are very valid issues here.”

Parker said that from 2015 to 2024, the state averaged from 40 to 50 civil commitments per year — that is, people being found mentally unfit in Montana communities, but not because of a criminal charge.

In 2024, there were more than 70 admissions for five months in a row to the state, according to data.

“A lot of that is crossover drug-induced psychosis,” Parker said. “We can’t stabilize a group quickly enough before the next group comes in.”

Owen told the audience that she had to dismiss a criminal case against a woman after that woman had sat in jail for more than nine months without any progress on her case.

“This was a criminal case with a victim,” Owen said. “Some may disagree with my decision, but without any movement and speedy right to trial, I agreed. She had to be released.”

The problem of mental health in county jails also causes headaches for law enforcement. The participants at Monday’s meeting described a common theme: A person who has allegedly committed a crime is brought into a detention facility, but they’re held because of concerns about a mental health issue. That can mean the person spends weeks or even months, occupying a bed that could be used for others.

The result has become a ballooning of warrants. Lake County statistics said as many as 5,000 warrants are active in the county, with an estimated 25% of them criminal, but those cannot be processed because jails are overcrowded.

Mercer described another one of the consequences of backlogged services throughout the state. Many of the people who arrive at the detention facility for misdemeanor crimes may be a danger to others or themselves, so jail staff hold them for evaluation. Yet, few others facing misdemeanor charges are held because of overcrowding, making punishment more severe for those suffering from mental illness.

“We know that jails are not good for mental health,” Mercer said. “Judges believe that these people are a threat, but is it fair to just hold them?”

Solutions on the horizon?

Parker said that changes and solutions are coming in the next few months. For example, 20 to 30 more beds will likely be opening in Galen, according to state Sen. John Esp, R-Big Timber.

Esp and others talked of the need for more regional facilities. For years, Montana lawmakers have discussed moving away from institutional models, centered on places like the men’s state prison in Deer Lodge or the state hospital in Warm Springs. Instead, they’ve discussed having smaller institutions regionally located throughout the state.

Some lawmakers have also discussed building out a system of “step-down” facilities that have gradually been decreasing penalties and rules to help ease transition back into society.

“In my view, we’ve been ignoring this for 20 years,” Esp said. “We need more step-down facilities. We are not interested in a Warm Springs East or West.”

Sen. Greg Hertz, R-Polson, said that one of the ideas that he believes could make a big difference is to continue the controversial program of moving more prisoners from state facilities, like in Deer Lodge, to out-of-state, privately contracted facilities. He proposed that doing this would free up more bed spaces at state facilities and open up more beds in county jails.

However, “Private prisons are not a long-term solution,” Hertz said.

Other lawmakers who joined the conversation also rallied behind the idea of channeling the money the state is making from taxing sales of recreational marijuana to help address the issue, including sending more money toward drug and alcohol treatment, prevention and law enforcement.

Others on Monday seemed to support the idea of having more addictions treatment programs, although they said that the idea of building those programs throughout the state is proving difficult.

Meanwhile, problems in one area of the state, often find their way to another.

Lapotka said that Lake County recently got a number of calls from Yellowstone County about one of the residents who had several outstanding warrants from Lake County. Every time Yellowstone County called to Lake County, there was no room at the jail in Polson, and the man seemed to be getting arrested for minor offenses.

That took a turn when the man got drunk and ran from the police, getting into a head-on car accident, killing another person.

“Without an arrest and without doing anything, they wander around for years with warrants and their problems don’t get any better,” Lapotka said. “It’s having a very, very negative effect on public safety.”