Montana Sheriffs and Peace Officers Association

Montana Sheriffs & Peace Officers Association

Law and Justice Interim Committee Update – Issues of Interest to Local Law Enforcement

Representatives of the Montana County Attorneys Office and the Montana Sheriffs and Peace Officers Association, as well as the Montana Association of Counties, weighed in two weeks ago on mental health issues addressed by the Law and Justice Interim Committee.

The Committee is charged to pursue the following studies, each one pretty hefty in its own right:

HJR 50 – Precommitment psychiatric evaluations – process and cost.
SJR 24 – Prison population growth and diversion programs.
HJR 26 – Mental health in adult and juvenile corrections.
SJR 6 – Juvenile Justice

As happens, these committees sometimes stray from their primary charges when someone gets yet another good idea. A couple of those “good” ideas would have a huge impact on counties:

Hospitals are pursuing a change in the law that would make the county liable for “detainees” who are presented at the hospital door by law enforcement for medical care. Depending upon whom one asks, “detainee” can be interpreted pretty liberally!
There is interest in some quarters to amend the law regarding transportation of mentally ill folks and same appearance in court. Thus far the conversation has been around no restraints or restraints for some based on a dangerousness/risk criteria, or alternative restraint products.

HJR 50 – Representing MCAA on this issue were Toole County Attorney and MCAA President Merle Raph and Lewis and Clark County Attorney Leo Gallagher. Raph reiterated to the committee some of the challenges faced by county attorneys. Gallagher gave the committee something to think about in terms of the cost side of things, suggesting a shared cost approach between the state and the counties that would involve an insurance pool of sorts.

Also presenting were Bill Kennedy representing MACO and two representatives of the Office of Public Defender, and Ed Amberg, Administrator of the State Hospital. Several folks provided public testimony, as well. There was one common theme throughout the two-day meeting: LOCAL, COMMUNITY-BASED SERVICES WOULD SOLVE A SUBSTANTIAL NUMBER OF OUR PROBLEMS.

Jail and Prison Standards – We will speak only to the county jail part of the discussion. Captain Dennis McCave, Administrator of the Yellowstone County Detention Facility and President of the Montana Sheriffs and Peace Officers Association, represented MSPOA.

One of the questions for Committee to ponder was whether to request further collection of data and information regarding jail mental health treatment standards, including suicide prevention plans. A second question what whether the committee should consider legislation to clarify or enact language about constitutionally based mental health treatment standards.

Captain McCave provided the committee with information and history about MSPOA’s efforts, in conjunction with MACO, to pursue voluntary jail standards, to keep them updated, and to present them to counties for adoption. The latest phase of the effort, according to McCave, is the formation of a jail review process. He emphasized that the National Institute of Corrections has been a valuable partner in the ongoing collaboration. McCave told the committee that most facilities have policies and procedures but cautioned them that one size doesn’t fit all, since we have everything from 4 beds to 400 bed facilities.

McCave recommended to the committee that it not move to dictating legislatively but to let the current process move forward and to give it a chance. Nevertheless, others who spoke later gave contradictory advice.

The committee meets again on June 26 and 27. We will keep you apprised to their further actions. In the meantime if any of the committee members are from your area and you feel so disposed, please contact them to provide your local perspective on these issues.

Serving on the House side are Representatives Shannon Augare, Bob Ebinger, Krayton Kerns, Deborah Kottel, Ron Stoker and Ed Hilbert. On the Senate side the members are Chairman Dan McGee, Larry Jent, Carol Juneau, Gary Perry and Jim Shockley.

Please call if you have questions.