Governor Bullock & Dept of Corrections Duplicity in Montana Prison Overcrowding

In 1999 the State of Montana signed a contract with Corrections Corporation of America for operation and management services at Crossroads Correctional Center in Shelby MT.  Crossroads Correctional Center is a for-profit correctional facility operated by a multi billion dollar corporation based in Tennessee.  Formerly known as Corrections Corporation of America it is now known as CoreCivic.

Senate Bill 224 (2015) created a 15 member Commission on Sentencing to address the overcrowding in Montana Prisons.  Montana Governor Bullock recently signed into effect a package of bills to address overcrowding in Montana Prisons. These actions sure look good to Montana tax payers and certainly help in future elections.  The citizens of Montana owe accolades to Governor Bullock and his appointed Director of Montana Department of Corrections Mike Batista for their caring concern of the incarcerated and the effect of incarceration on the families of Montana.  Right?!?  You are so wrong!!  Governor Bullock and Director Mike Batista have, in a very duplicitous manner, contributed to overcrowding in Montana Prisons.

In 1999, Governor Marc Racicot and DOC Director Rick Day signed a contract with Corrections Corporation of America.  (The full contract and the excerpts are at the end of this post.) (excerpt 1) Section XXXXIX Section LI ” …agrees to house additional inmates transferred to the Facility in a number not to exceed the design specifications of the unit(s) Contractor proposes to use… “  To paraphrase, the Contractor cannot overcrowd the cells and prison.

In 2014, Governor Bullock and DOC Director Mike Batista amended Marc Racicot’s contract to read (excerpt 2) Amendment #13 Section II  General Requirements (J) Notwithstanding, any other provision herein or in the Development Agreement, the Department authorizes the Contractor to add a third bunk in some cells for a total of 53 additional beds to house MDOC inmates.”  To paraphrase, Bullock and Batista authorized the Contractor to overcrowd the cells and prison beyond design specifications.

Accolades Governor Bullock and Director Mike Batista.  You just hid your duplicity in overcrowding the prison because no citizen is going to read a 212 page contract.  That is until now.

In 2016, Governor Bullock and DOC Director Mike Batista amended Amendment #13 (excerpt 3) “Notwithstanding any other provision herein…the Department authorizes the contractor to continue housing MDOC inmates in the 53 bunks that were added pursuant to Amendment #13 through June 30, 2017.”   To paraphrase, Governor Bullock and Director Mike Batista, while pretending to pass bills, create commissions and putting forth false precepts, are actually authorizing overcrowding the prison cells beyond design specifications through June of 2017.

Drum roll, applause, standing ovation.  No one is going to read this contract so the duplicity of Governor Bullock and his appointed Director Mike Batista goes undiscovered and they can take their public bows to their good works.  Please, extend your Montana values, we have caught on to what your values really are.

Excerpt 1 page 149
Expansion: Contractor, on sixty (60) days' notice, agrees to house additional inmates transferred to the Facility in a number not to exceed the design specifications of the unit(s) Contractor proposes to use in housing and managing the additional inmates.


Excerpt 2 page 9
Section II
General Requirements
  (J.)  Notwithstanding, any other provision herein or in the Development  
        Agreement, the Department authorizes the Contractor to add a third 
        bunk in some cells for a total of 53 additional beds to house MDOC
        inmates.

Excerpt 3 page 2
SECTION II
General Requirements
Subsection J shall be revised to read as follows:
J.  In Amendment #13, the Department authorized the Contractor to add a third bunk ("Third Bunks") in some cells for the purpose of housing a total of 53 additional MDOC inmates at the facility through June 30, 2015.  Notwithstanding any other provision herein or in the Development Agreement, the Department authorizes the contractor to continue housing MDOC inmates in the 53 bunks that were added to Amendment #13 through June 30, 2017.

Here is the entire contract if you want to read it.
CCAOperationandManagement