Montana is one of a small number of states with a statutory framework specifically governing restrictive housing in adult state prisons. Montana Code Annotated (MCA) 53-30-701 et seq., substantially shaped by HB 763 in 2019, defines restrictive housing, establishes standards for its use, bans it for youth and pregnant women (with narrow exceptions), and includes protections for people with serious mental illness.
The law came in significant part because of years of advocacy and litigation. In 2015, Disability Rights Montana filed a lawsuit against Montana State Prison (MSP) in Deer Lodge, alleging extended solitary confinement and "behavior modification plans" that deprived people with mental illness of clothing, working toilets, bedding, and proper food. By the time a settlement was reached in March 2022, 12 people with severe mental illness had died by suicide at MSP since the lawsuit was filed. The settlement -- negotiated by the ACLU of Montana and Foley & Lardner on behalf of Disability Rights Montana -- guarantees people with severe mental illness at MSP at least 4 hours out of cell per day, qualified mental health professional care, natural lighting, basic necessities, and independent monitoring.
What Solitary Confinement Is Called in Montana
Montana's statutory and policy framework uses "restrictive housing" as the official term, defined in both statute and DOC Policy Directive 3.5.1 as confinement to a cell for at least 22 hours per day. Restrictive housing includes:
Administrative Segregation: Non-punitive placement for safety, security, or management reasons.
Disciplinary Detention: Punitive isolation following a disciplinary hearing and finding of guilt, with a defined sanction term.
Protective Custody: Separation from general population for the person's own safety.
DOC Policy Directive 3.5.1 establishes that operational procedures governing restrictive housing must incorporate American Correctional Association (ACA) standards and specifies mental health assessment requirements.
Montana State Prison (MSP), located outside Deer Lodge, is the primary facility where serious or long-term restrictive housing placements occur in Montana's adult system.
Montana's 2019 Restrictive Housing Law
HB 763, signed by Governor Steve Bullock on May 10, 2019, and effective July 1, 2019, established state policy on restrictive housing. Key provisions for adult facilities (MCA 53-30-701 et seq.):
Mental illness protection: Restrictive housing is prohibited for "behavior that is the product of an inmate's disability or mental disorder" unless placement is made after prompt and appropriate evaluation by a qualified mental health professional. When used despite a mental disorder, it must be for the shortest time possible and with the least restrictive conditions possible.
Mental health appraisal: Under DOC Policy Directive 3.5.1, a qualified mental health professional must complete a mental health appraisal within 72 hours of placement in restrictive housing.
Health assessment at placement: Upon placement in restrictive housing, a qualified health care professional must review the offender's health record. If existing medical, mental health, or dental needs require accommodation, custody staff must be notified.
Youth ban: Youth facilities cannot use restrictive housing, except for temporary protective custody of up to 24 hours when necessary to protect the youth or others, reviewed by facility administrator within 4 hours.
Pregnant and postpartum women: HB 763 bans restrictive housing for pregnant and postpartum women in state facilities.
Statutory definition: Restrictive housing is defined as confinement to a cell for at least 22 hours per day for the safe and secure operation of the facility.
The 2022 Montana State Prison Settlement
In March 2022, Disability Rights Montana (represented by the ACLU of Montana and Foley & Lardner LLP) settled a lawsuit filed in 2015 against MSP and the Montana DOC. The original complaint alleged inadequate mental health services and extended solitary confinement and "behavior modification plans" that deprived people with mental illness of clothing, working toilets, bedding, and proper food -- practices the DOC itself acknowledged improvements had been made on over the intervening years.
By the time of settlement, 12 people with severe mental illness had died by suicide at MSP since the lawsuit was filed in 2015.
Settlement terms:
- People with severe mental illness at MSP are guaranteed to leave their cells for at least 4 hours per day.
- Qualified mental health professionals must provide all mental health treatment at MSP.
- People with severe mental illness are guaranteed cells with natural lighting, a toilet, and personal care items (soap, toothbrush).
- DOC must request funding for 8 additional full-time mental health staff -- 3 licensed therapists, 3 mental health technicians, 2 activities coordinators.
- All staff who primarily work with the disabled prison population must undergo 30 hours of initial mental health training.
- An independent monitor, appointed by Disability Rights Montana and the DOC, oversees compliance.
The settlement dismissed the lawsuit with prejudice. DOC stated the settlement required only minor modifications because DOC had already implemented best practices. Disability Rights Montana said the settlement represented "huge gains" while noting conditions had improved since the lawsuit was filed.
Conditions in Montana Restrictive Housing
Under DOC Policy Directive 3.5.1 and the statutory framework:
- Mental health appraisal within 72 hours of placement.
- Health record review at placement.
- Mental health and healthcare contact must be documented.
- ACA standards govern basic conditions.
Under the 2022 settlement, people with severe mental illness at MSP have:
- At least 4 hours out of cell per day.
- Access to qualified mental health professionals for all treatment.
- Cells with natural lighting.
- Basic personal care items.
Montana contracts with Mississippi to house some Montana prisoners at out-of-state facilities. People housed in Mississippi under this arrangement are subject to Mississippi's conditions -- which as of June 2026 reporting are significantly more problematic than Montana's own facilities (see Mississippi article in this series).
Who Can Be Placed in Restrictive Housing in Montana
Restrictive housing requires that the placement is for the "safe and secure operation of the facility." Disciplinary detention requires a disciplinary hearing and finding of guilt.
Key protections:
- Behavior that is the product of a disability or mental disorder cannot be the basis for restrictive housing without a prior evaluation by a qualified mental health professional.
- Pregnant and postpartum women cannot be placed in restrictive housing.
- Youth cannot be placed in restrictive housing (24-hour protective custody exception only).
How Long People Stay in Restrictive Housing
Montana statute does not set a specific maximum duration for adult administrative segregation, but requires it be "for the shortest time possible, with the least restrictive conditions possible" when used for people whose behavior stems from a mental disorder.
The 2022 settlement requires review processes and programming for people with severe mental illness in restrictive housing at MSP.
What Families Can Do
If your person is in restrictive housing at Montana State Prison or another Montana facility:
Find where your person is housed. Montana DOC provides an offender search at cor.mt.gov. Note whether your person is at a Montana facility or contracted out of state (such as Mississippi -- if so, see separate guidance for that state's conditions).
Contact the facility. For MSP (Deer Lodge), contact facility administration through cor.mt.gov. For other Montana facilities, contact administrative staff directly.
Know the SMI protections. If your person has a diagnosed severe mental illness, the 2022 settlement guarantees them at least 4 hours out of cell per day at MSP, qualified mental health professional care, natural lighting, and basic personal care items. If these are not being provided, document this.
Know the mental health appraisal requirement. Under DOC Policy Directive 3.5.1, a mental health appraisal must occur within 72 hours of restrictive housing placement. If your person is in restrictive housing and has not received this appraisal, raise it through the grievance process.
Assert protections for disability-related behavior. If your person's placement in restrictive housing stems from behavior related to a mental disorder or disability, Montana statute requires that placement occur only after evaluation by a qualified mental health professional and must be for the shortest time possible. Document this and raise it through the grievance process.
File a grievance. Montana DOC has an administrative grievance process. Help your person file formal grievances for conditions violations, denial of mental health appraisal, or placement based on disability-related behavior without required evaluation.
Contact Disability Rights Montana. Disability Rights Montana (disabilityrightsmt.org) is the federally mandated protection and advocacy organization for Montana disabled populations and was the lead litigant in the 2022 MSP settlement. They monitor compliance and may be able to provide referrals.
Contact the ACLU of Montana. The ACLU of Montana (aclumontana.org) co-litigated the 2022 settlement and monitors Montana DOC conditions.
Seek legal help. If your person has a severe mental illness and is in restrictive housing without the required mental health appraisal, without the 4-hour daily out-of-cell guarantee, or in a placement based on disability-related behavior without prior evaluation, consult a prisoner rights attorney familiar with Montana federal courts.
Frequently asked questions
What is solitary confinement called in Montana prisons?
Montana statute (MCA 53-30-701 et seq.) and DOC Policy Directive 3.5.1 use "restrictive housing," defined as confinement to a cell for at least 22 hours per day for the safe and secure operation of the facility. The term includes administrative segregation, protective custody, and disciplinary detention.
What does Montana's 2019 restrictive housing law require?
HB 763 (effective July 1, 2019) established a statutory policy on restrictive housing. Key provisions: restricts use for behavior caused by a mental disorder without prior mental health evaluation; requires placement to be for the shortest time possible with least restrictive conditions; bans restrictive housing for pregnant and postpartum women; bans it for youth (24-hour protective custody exception only); and establishes basic policy standards for adult facilities.
Who can be placed in restrictive housing in Montana?
People whose presence in general population poses a safety or security risk can be placed in restrictive housing. However, behavior that is the product of a mental disorder or disability cannot be the sole basis for placement without a prior evaluation by a qualified mental health professional. Pregnant and postpartum women cannot be placed in restrictive housing. Youth cannot be placed in restrictive housing (except 24-hour protective custody in narrowly defined emergency situations).
What are conditions like in Montana restrictive housing?
Under DOC Policy Directive 3.5.1: mental health appraisal within 72 hours of placement; health record review at placement; healthcare documentation requirements; ACA standards. Under the March 2022 MSP settlement: people with severe mental illness at MSP must receive at least 4 hours out of cell per day, qualified mental health professional care, cells with natural lighting, and basic personal care items. Before the settlement, people with mental illness were subjected to "behavior modification plans" depriving them of clothing, working toilets, bedding, and proper food.
How long can someone stay in solitary in Montana?
Montana does not set a specific statutory maximum for adult administrative segregation duration. However, when restrictive housing is used for someone whose behavior stems from a mental disorder, it must be for the "shortest time possible, with the least restrictive conditions possible." Disciplinary detention has a defined term set at the hearing. The 2022 MSP settlement created ongoing programming and monitoring requirements for SMI individuals.
Are mentally ill prisoners protected from solitary in MT?
Yes, with the strongest statutory protections of any state in this part of the series. Montana statute prohibits placing someone in restrictive housing for behavior that is a product of their disability or mental disorder without a prior qualified mental health professional evaluation, and requires the shortest possible placement with least restrictive conditions. The 2022 MSP settlement provides additional guarantees: at least 4 hours out of cell per day, qualified mental health professional care, natural lighting, and basic personal care items for people with severe mental illness at MSP.
What was the 2022 Montana State Prison SMI settlement?
The March 2022 settlement between Disability Rights Montana (represented by ACLU of Montana and Foley & Lardner) and Montana State Prison and DOC resolved a 2015 lawsuit alleging extended solitary confinement and "behavior modification plans" that deprived people with mental illness of basic necessities. Settlement terms: 4 hours out of cell per day for people with SMI; qualified mental health professional care; natural lighting in cells; basic personal care items; 8 additional mental health staff; 30 hours mental health training for staff working with disabled populations; independent monitor. By time of settlement, 12 people with SMI had died by suicide at MSP since the lawsuit was filed.
Are pregnant women protected from solitary in Montana?
Yes. HB 763 (2019) bans restrictive housing for pregnant and postpartum women in Montana state facilities. This is a statutory ban, not just a policy provision. Montana was one of the early states to codify this protection.
Can families visit someone in Montana restrictive housing?
Visiting may be restricted during restrictive housing placements. Contact the specific Montana DOC facility directly to confirm current visiting rules before traveling. MSP is located outside Deer Lodge, Montana. DOC facility contact information is at cor.mt.gov. Written mail generally retains stronger protections than phone or visits during restrictive housing.
What can families do if someone is in Montana solitary?
Use the DOC offender search at cor.mt.gov to find your person and confirm whether they are at a Montana facility or contracted out of state. If at MSP and your person has severe mental illness, know the 2022 settlement guarantees (4 hours/day, mental health professional care, natural lighting, personal care items). Know the 72-hour mental health appraisal requirement. File grievances for any violations. Contact Disability Rights Montana (disabilityrightsmt.org) or ACLU of Montana (aclumontana.org) for advocacy support and referrals. ---