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Lake County agrees to make changes for inmates in county jail

The settlement mandates that Lake County build a 1,500-square-foot outdoor recreation area for inmates, as well as 960 square feet of additional inmate housing.
Lake County Courthouse
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POLSON — More than 50 inmates at the Lake County Jail filed a federal lawsuit two years ago, citing inhumane conditions.

Now, some relief will be heading their way, as a settlement agreement was signed, promising facility and operational changes to the jail.

Upper Seven Law, the firm that represented the inmates in a class action lawsuit, released the settlement Monday, November 27, 2023, with Litigation Director Constance Van Kley saying the living situation was unconstitutional.

“They don’t get outside, they don't even see the sun in many cases regularly,” Van Kley said. “On top of that, they are living - there are too many inmates living in a cell and it’s hard to keep them separate.”

Court documents depicted a ventilation system that did not function, heat and water issues, and overcrowding problems.

Van Kley also said that while a Christian pastor was allowed to visit regularly, Native American inmates had no similar access to their religious leaders.

“The jail has started to develop a relationship with a religious leader who is coming regularly to the jail,” Van Kley said. “So, those inmates have the same opportunity as the Christian inmates to practice their religion in jail.”

The prison is located in the basement of the Lake County Courthouse, which was constructed in 1935. Since then, several additions have been made, but the prison is often overcrowded.

The Lake County website says their detention facility can currently house 48 inmates. At the time of publication, 52 inmates are on the roster.

The settlement mandates that Lake County build a 1,500-square-foot outdoor recreation area for inmates, as well as 960 square feet of additional inmate housing.

The county has one year to build the outdoor space and three years to make the indoor change.

Funding these changes will be tricky, as this agreement comes after a judge recently sided with the State of Montana regarding a lawsuit filed by Lake County over Public Law 280.

PL 280 is a 1963 law that declares Lake County will fund and deal with policing Tribal lands within the county.

Click here to read the settlement agreement (pdf).