Montana 2025 Regular Session

Montana Senate Bill SB485

Introduced
2/25/25  
Refer
2/26/25  

Caption

Generally revise laws related to incarceration

Summary

SB 485 revises Montana laws related to incarceration by requiring state and local correctional facilities to provide certain hygiene and stationery items at no cost to people under their supervision. The bill specifically requires detention centers and Department of Corrections facilities to make available, on admission and upon request, items such as soap, toilet paper, toothbrushes, toothpaste, combs, feminine hygiene products, envelopes, writing paper, and postage stamps. It also requires facilities to adopt written policies and procedures explaining how these items will be distributed, including how access will be ensured for people who cannot reach general-population distribution points, and to provide notice of those policies to incarcerated people through admission materials, handbooks, and posted notices. The bill also amends Department of Corrections duties to require the department to develop and implement a similar no-cost hygiene and stationery policy for correctional facilities it operates and for contracted facilities. In addition, the bill states that its provisions supersede and modify the state’s unfunded mandate laws, indicating legislative intent to require compliance regardless of local cost concerns. The measure would affect detention centers, state prisons, and contracted correctional facilities, and would create a statutory obligation for correctional administrators to maintain access and distribution procedures for the listed items. The general sentiment reflected in the available voting history appears favorable, at least at the committee stage, with a 11-0 vote to table the bill in the Senate Local Government Committee. However, the bill ultimately died in process, suggesting that despite unanimous committee action on that motion, it did not advance to enactment. No committee transcript is available, so there is no recorded floor or committee debate to show broader support or opposition. The main point of contention implied by the bill’s structure is cost and administrative burden. By requiring free provision of consumable and mailing-related items and expressly overriding unfunded mandate protections, the bill would shift expenses to state and local correctional agencies. Potential concerns would likely come from local governments, detention center administrators, or correctional budget stakeholders, while supporters would likely frame the measure as a basic dignity, hygiene, access-to-courts, and communication issue for incarcerated people.

Impact

SB 485 would amend sections 7-32-2222 and 53-1-203, MCA, to impose new statutory duties on detention centers and the Department of Corrections. It would require free provision of specified hygiene and stationery products, mandate written distribution policies and notice requirements, and apply those obligations to state-operated and contracted correctional facilities. The bill also expressly supersedes the state’s unfunded mandate provisions, increasing the likelihood that local and state facilities would have to absorb the associated costs and operational changes.

Sentiment

The limited voting record suggests the bill was not controversial enough to draw recorded opposition in the committee action shown, since the motion to table passed 11-0. At the same time, the bill died in process, indicating it did not gain enough momentum to move forward. With no transcripts available, the overall sentiment can only be described as procedurally neutral to mildly supportive in committee, but ultimately insufficient for passage.

Contention

The central contention is whether correctional facilities should be legally required to provide these items free of charge and absorb the costs. Opponents would likely focus on fiscal impact, local control, and the bill’s express override of unfunded mandate protections, especially for county detention centers and contracted facilities. Supporters would likely emphasize sanitation, personal hygiene, menstrual equity, and the practical need for paper, envelopes, and stamps so incarcerated people can maintain communication and access basic necessities.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.