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Last week, an amendment was added to the roughly $13.4 billion budget bill that will be discussed and voted on by House lawmakers in a lengthy floor session on Wednesday. This amendment includes provisions to transfer 120 state inmates to a private prison located in Arizona.
The amendment, sponsored by Rep. John Fitzpatrick, R-Anaconda, would authorize about $8 million over the next biennium for a contract with private prison giant CoreCivic, which operates five facilities in Arizona — primarily the Central Arizona Florence Correctional Complex. CoreCivic also operates the Crossroads Correctional Center in Shelby.
CoreCivic has announced that it will invoice the state $90 per day for each inmate, which encompasses travel expenses. However, owing to an amendment aligning the compensation with prevailing wage regulations, the actual amount may exceed this figure. Over the past few months, legislators and state authorities have engaged in discreet discussions with the company to explore solutions for the overcrowded prison system.
House Speaker Matt Regier, R-Kalispell, said Tuesday that Republicans are not planning to amend House Bill 2, essentially the state’s budget, on the floor Wednesday. So unless Democrats, who largely have opposed the plan to transfer inmates, are able to gather bipartisan support to remove it, the appropriation is likely to remain in the bill as it heads to the Senate.
According to a spokesperson from the Montana Department of Corrections, Fitzpatrick introduced the amendment last week as an urgent measure to tackle the capacity problems in state prisons and other correctional facilities. Currently, there are approximately 250 to 290 individuals being held in county jails, awaiting placement in either a prison or a community corrections facility.
Fitzpatrick stated that the purpose of this amendment is to provide the department with flexibility in transferring individuals out of the state prison in Deer Lodge, and also to decrease the current inmate population in county jails.
He added, “This immediately secures us bed space, or as soon as the bill is signed and the ink is dry.”
Last week, the amendment was voted against by all Democrats and two Republicans on the House Appropriations Committee. Detractors of the proposal raised concerns regarding the need to increase the state’s contract with CoreCivic or possibly establish a new one, when there may be other alternatives accessible in the near future.
“I don’t think this is the best bang for our buck,” said Rep. Emma Kerr-Carpenter, D-Billings. “I think there are alternatives in state that are better bangs for our buck.”
According to a memo circulated by Fitzpatrick to legislative appropriators, there are several options available, although they may not have accompanying bills and would require a couple of years to be realized. One option is to utilize 51 beds in community corrections programs, such as pre-release centers for individuals on probation or parole, which are already authorized in the current version of House Bill 2. Another possibility is to allocate funds at the state prison, allowing for the reopening of the lower-security F Unit, potentially freeing up 62 beds by the end of this year, as estimated by Fitzpatrick. There are also plans to fund 32 new low-security beds at the prison’s “low-side” units, although this would likely take more time. Additionally, there are other plans in place to bring more beds online in the near future.
Fitzpatrick pointed out that including the CoreCivic contract as a viable option entails purchasing 120 beds at once, with a daily rate of $95, which is slightly higher than the $90 mentioned in the amendment.
Kerr-Carpenter questioned in the committee, “Why should we send individuals out of state when we have nearly 110 beds ready for use within the upcoming year?”
In addition, she pointed out that transferring inmates to Arizona will weaken their ties with family and community, potentially raising the risk of reoffending. This observation comes despite the fact that Montana State Prison suspended visitation indefinitely last year.
In a larger context, Democrats have highlighted the amendment as evidence of Republican priorities during the budget’s journey through the Legislature.
“I find it unbelievable again that the Republicans have given away the farm to wealthy, well-connected in some cases, out-of-staters, while turning their backs on everyday Montanans and the businesses that have been here for decades,” said Rep. Mary Caferro, D-Helena, at a press conference Tuesday. “Rather than just invest in solving the problems facing Montana workers and their families, Republicans chose a much different priority, writing checks for nearly $8 million for 150 Montana inmates to a private for-profit prison in Arizona, decreasing their chances of having successful reentry by losing connection with their families.”
Republicans argue that the state should not delay the addition of more beds to the system since the option is already present. They highlight that the state prison is consistently understaffed, regardless of the availability of new beds.
“This is just a math problem,” Rep. Bill Mercer, R-Billings, who chairs the budget subcommittee that oversees the Corrections Department, said in committee last week.
Generally, most of the debate has been about logistics. Few have mentioned that CoreCivic, in Arizona and elsewhere, has been dogged by litigation challenging everything from its stock reporting practices to the humanity — or lack thereof — with which it treats the people incarcerated in its facilities.
Maggie Bornstein, a lobbyist for the American Civil Liberties Union of Montana, who has previously taken CoreCivic to court, expressed the view that the company is exploiting the vulnerabilities within our state government. She further noted that CoreCivic’s actions reflect a disturbing pattern of prioritizing profit over the well-being and dignity of the individuals they incarcerate, a trend that has been observed nationwide.
The company’s revenue is also decreasing, and the Crossroads facility in Shelby lost $4 million in 2022.
Rep. Llew Jones, R-Conrad, the House Appropriations Committee chair, said last week the state has a “leg up” with CoreCivic due to the existing relationship with the company in Shelby.
In 1998, the state initially entered into a contract with CoreCivic, which has subsequently been renewed multiple times. One such renewal occurred in 2018, when Democratic Gov. Steve Bullock signed a two-year extension with the company. Despite CoreCivic’s initial request for a ten-year renewal, the agreement was settled for two years, with the state receiving $34 million in fees as part of the deal. This arrangement proved crucial during a state budget crisis.
The state’s current contract with CoreCivic is in effect until June of this year. The total length of the contract, including renewals, is not to exceed 30 years, it stipulates.
According to reports filed with the Montana Commissioner of Political Practices, CoreCivic has allocated approximately $21,000 this session for lobbying, specifically on House Bill 2. The company is represented at the Capitol by influential lobbyist Mark Baker.
During a previous tour of the facility in Shelby, lawmakers were informed about the possibility, as mentioned by Mercer. Carolynn Bright, the communications director at the Montana Department of Corrections, stated that they have engaged in exploratory discussions with CoreCivic to assess the availability of temporary beds for use by the DOC if the need arises.
The prospect of the CoreCivic transfer first arose at a budget subcommittee meeting on Feb. 9. DOC Director Brian Gootkin and others appeared before the committee to present different ideas for adding capacity to the prison system.
Gootkin stated that not only are we completely occupied in all areas, but we are also excessively crowded with the additional 250 individuals currently held in the county jails.
DOC presented three choices: incorporating 51 fresh community corrections beds, establishing a 60-bed pre-release facility in Flathead County, or including a 68-bed treatment unit for sex offenders. Mercer acknowledged the previous consideration of transferring to Arizona and inquired about its absence in the options discussed.
According to Gootkin, our first course of action is to work within our system by engaging with the governor’s office and the budget office. We strongly believe that prioritizing treatment for individuals rather than simply providing housing is a more effective approach in addressing the issue at hand.
Gootkin added that the state has had challenges with out-of-state prison transfers. During the administration of Gov. Marc Racicot, the state contracted with a private prison provider to send 258 inmates to a facility in Texas. But the arrangement ended following a breakdown in relations between the company and the state and allegations of poor conditions at the company’s facility. (Some of those 258 inmates were subsequently transferred to a facility in Arizona operated by Corrections Corporation of America, now known as CoreCivic).
However, according to Gootkin, a staff member from the department has paid a visit to the facility in Arizona.
After the hearing, Mercer has added the Arizona transfer as a fourth choice. Amendments to House Bill 2 were made available online after the transmittal break, with an initial version including a proposal for a continuous allocation for a transfer to CoreCivic. However, this amendment was later removed and substituted with Fitzpatrick’s amendment.
Mercer mentioned on Monday that the current requirement is temporary, and we cannot predict how our capabilities will evolve in the interim.
The plan has not been fully embraced by DOC.
DOC’s Bright stated that the capacity problems of the DOC will probably necessitate a solution that involves multiple approaches, including the potential transfer of inmates to facilities located outside the state.
Lawmakers this session have introduced bills to raise various criminal penalties, which raises a broader policy question. This comes at a time when sentencing reform has gained popularity, even among certain Republicans, across the country.
According to Mercer, a former U.S. attorney, he does not see managing overcrowding in state prisons and implementing tough-on-crime laws as contradictory.
He stated that in his professional experience, the state has consistently lacked sufficient prison space. Moreover, he observed that the justice system in the state tends to lean towards alternative measures to avoid imprisoning individuals, even for short periods.
According to him, the decarceration movement fluctuates in intensity and is heavily influenced by one’s philosophical perspectives.
Mercer voiced his disagreement, stating, “That doesn’t align with my philosophy.”
