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Bill

LC 1938

Prohibit incarceration of certain inmates out of state

2025 Regular Session

Montana bill prohibits incarcerating designated inmates outside state prisons, requiring in-state housing and potentially increasing correctional system costs and capacity demands.

(LC) Draft Ready for Delivery
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Bill Summary · LC 1938

Legislative bill overview

LC 1938 would prohibit Montana from incarcerating certain inmates in out-of-state facilities. The bill restricts where Montana can house prisoners, requiring them to remain within state corrections systems rather than being transferred to private or other states' prisons.

Why is this important

Montana currently contracts with out-of-state facilities to manage prison overcrowding, which reduces immediate costs but removes inmates from local oversight and family contact. This bill addresses concerns about accountability, rehabilitation access, and the conditions inmates face when held outside state control.

Potential points of contention

  • Cost implications: Out-of-state incarceration is often cheaper than building new facilities; prohibiting it may increase state budget demands for prison infrastructure and operations
  • Prison overcrowding: Without out-of-state capacity, Montana facilities could face severe crowding, potentially triggering early release policies or affecting facility conditions
  • Scope ambiguity: The bill specifies "certain inmates"—the criteria for which inmates are protected versus which can still be transferred could become a litigation flashpoint depending on final language

Compiled from official sources — confirm details with the bill’s official record.

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