The Montana Department of Corrections and the Montana Board of Pardons and Parole have collaborated to incarcerate mentally ill offenders at Montana State Prisons for indeterminate amounts of time for management purposes only. These incarcerations are for long term mental health needs management, not based on judicial orders and no one accepts jurisdiction over these lost and unwanted souls. These incarcerations are for management purposes only. This collaboration is an illegal agreement under the Administrative Rules of Montana.
To fully understand what is happening to our mentally ill citizens one must be aware of three separate documents, when put together reveal a tragic consequence of long term incarceration to “manage” mental illness and no one is accepting jurisdiction for placement upon being paroled or released. With no placement there is no parole or release.
1) Administrative Rules of Montana (ARM) Rule 20.1.101 states the Board of Pardons and Parole is responsible for the oversight of Montana's inmate parole and furlough programs. The Montana Board of Pardons and Parole adopts administrative rules separately from the Department of Corrections.
2) Montana Department of Corrections P&P Procedure No. 4.1.100 Secure Placement - A management decision to place an offender at a secure facility for long term mental health needs and/or treatment.
Montana Department of Corrections determines secure facilities as Montana State Prison (MSP), Montana Women’s Prison (MWP), Great Falls Regional Prison, Dawson County Correctional Facility, and Crossroads Correctional Center. The mentally ill offender is now an inmate at a state prison and under ARM Rule 20.1.101 the Montana Board of Pardons and Parole has jurisdiction over inmate parole.
3) Memorandum of Understanding Between Montana Department of Corrections and Montana Board of Pardons and Parole (MOU) The parties agree that the Board of Pardons and Parole has jurisdiction over DOC Commitments that the DOC has placed in prison under a Secure Placement Request except DOC commitments that the DOC has placed in prison for mental health treatments for the period necessary to meet the DOC Commit's mental health care needs. This agreement was signed by BOPP Chairperson Annette Carter and Montana Department of Corrections Reginald Michael.
Administrative Rules of Montana (ARM) state that the Montana Board of Pardons and Parole (BOPP) is responsible for all inmate parole and furlough. The Montana Department of Corrections places mentally ill people in prison, not under judicial orders but for management purposes only. Once a mentally ill person is placed in prison they become an inmate under the Administrative Rules of Montana. BOPP says we will accept jurisdiction over all inmates except those inmates that are placed in prison for management of mental illness. BOPP says leave your mentally ill commitments for as long as is necessary but we are not taking jurisdiction. Montana Department of Corrections leaves the mentally ill person in prison for as long as necessary to treat the inmates long term mental health needs. Long term is long term. There is no parole or release available because BOPP won’t take jurisdiction.
Montana Department of Corrections has placed these lost, unwanted souls in prison because DOC can’t or won’t manage their mental illness. BOPP says fine, leave them in prison for whatever amount of time you want. We aren’t responsible for them and we aren’t finding placement, treatment or parole. Montana Administrative Rules says if a person is an inmate BOPP has jurisdiction and is responsible for placement and parole. BOPP says, not happening.
Administrative Rules of Montana was established for a good and decent society. The Montana Department of Corrections and the Montana Board of Pardons and Parole entered into an agreement not consistent with the Administrative Rules of Montana and not consistent with a good and decent society. Manage our mentally ill citizens by long term incarceration, not for judicial reasons but for management reasons. Make an agreement where no one has jurisdiction for placement, treatment, parole and release. Without placement and treatment there is no parole or release.
Under the rules of Montana, The Montana Board of Pardons and Parole has jurisdiction of these lost and unwanted souls. The Montana Board of Pardons and Parole is refusing to meet their obligation to the State of Montana. But then, what decent and good society wants these lost and unwanted souls anyway.
Montana Board of Pardons and Parole Annette Carter and The Montana Department of Corrections Reginald Michael…do your jobs as set forth by the Administrative Rules of Montana or get out so we can find someone who will do the job.