MISSOULA — Missoula County this month revoked its consent to hold offenders from state agencies at the local detention center without prior permission unless the agency agrees to pay the full cost of housing the inmate.
The county's action also sends a strong message to the state, primarily the Montana Department of Corrections and the Department of Public Health and Human Services, that they're failing to address the state's growing mental health crisis.
Counties across the state are “fed up,” suggested deputy county attorney Matt Jennings.
“The issue is that the demand for the state hospital will continue to grow, and the state is doing nothing to account for it,” Jennings said. “You have a whole administration functionally hiding under their desk with their fingers in their ears, trying to ignore a massive crisis in the state.”
Counties across Montana have long held state inmates in local jails, and many of those inmates are supposed to receive treatment for addiction or mental health while in custody. The county places the cost of housing a single state inmate for one day at the local jail at around $125, but the state only reimburses the county $82.
Local taxpayers are left to pay the rest, said jail commander Sheryl Ziegler.
“They're not paying the actual cost currently set by the county at $125, therefore shifting that difference to Missoula County taxpayers for individuals we're not responsible for,” said Ziegler. “We're trying to avoid that continued financial burden we're placing on county taxpayers.”
Currently, roughly 500 state inmates are being held in a county-level jail, leading to a number of potentially dangerous issues, including overcrowding. Ziegler said the state has become over-reliant on county jails and now, those jails are pushing back.
The Missoula County Detention Center is currently housing 31 inmates from the Department of Corrections for a total of 83 jail days. The agency pays far less than the true cost of housing those inmates, shifting more than $36,000 to local taxpayers, according to Ziegler.
Likewise, the county is holding six sentenced individuals from DPHHS. They've been held for a combined total of 715 days. But the agency doesn't pay the county anything, costing local taxpayers more than $90,000.
“Many are found guilty by mentally ill, requiring hospital-level intervention to restore them to some level of health,” said Ziegler. “But they don't go there. They stay with us until they reach eligibility for parole and they're released and never get treatment.”
Lack of treatment
Aside from the costs, the state's lack of treatment for addiction and mental health for inmates held at the local level has alarmed officials.
While a jail sentence is intended to hold individuals accountable, it's also intended to rehabilitate inmates in hopes of reducing recidivism. State law requires that state inmates who are held at the local jail and need treatment for addiction or mental health have access to that treatment.
But that's not happening, Jennings said.
“People sit in our jail until they are essentially parole eligible. That means someone could have severe, debilitating mental health issues for which they need treatment,” Jennings said. “But instead, DPHHS will leave them in our jail until the period for their release, and they'll just be released out the front door. It's the same with chemical dependency.”
Jennings said state inmates become the state's responsibility at the moment of sentencing, and state law requires they have access to treatment.
While the local jail does offer resources for local inmates, it's not equipped to provide treatment to the state's inmates. And when the state denies those inmates treatment, it runs contrary to the policies of the Missoula County Attorney's Office and the judicial system.
“DOC and DPHHS have turned our jail into a functional prison. It's a prison for addicts and the mentally ill. It wasn't designed for that. There isn't staffing to accomplish it,” said Jennings. “It has resulted in a shift, placing the responsibilities back on local government, instead of the state taking on the responsibility they're required to do so by law.”
Putting the state on notice
While the county won't simply release state inmates, citing public safety, it does plan to pursue other options. Among them, it has officially placed DOC and DPHHS on notice and has given them a window to “adjust their expectations and comply.”
They expect both agencies to respond by next month. If the state fails to do so, the county may take other action. That could include injunctive relief.
“This will be an administrative dispute with other agencies. They have willfully put blinders on over the last decade, failing to account for the rise of addiction and this rise in mental health crisis we have,” said Jennings. “This isn't about us trying to duck our responsibility. This is trying to highlight the issues we have in criminal justice and addiction and mental health and asking the state to do its part.”
Missoula County Sheriff Jeremiah Peterson met recently with state officials and other county-level jails in Helena. The meeting didn't leave him with high hopes of a quick remedy, he said.
“Everyone is essentially fed up with it,” said Peterson. “Unfortunately, I think they (the state) just want to keep kicking the can down the road.”
