Montana Department of Corrections ‘Remains Committed’ to Establishing Prerelease Center in Northwest Montana
The state filed a lawsuit against Flathead County after the Board of Adjustment denied a conditional use permit for a prerelease center in Evergreen, arguing an abuse of discretion
By Maggie Dresser
The Montana Department of Corrections (MDOC) toward the end of last year filed a lawsuit in district court against Flathead County for denying the agency’s conditional use permit application for a prerelease center in Evergreen, requesting that the decision be reversed.
MDOC officials accuse the Flathead County Board of Adjustment of abusing its discretion, resorting to “speculation lacking in facts and foundation,” and violating zoning regulations when they denied the permit, according to a complaint filed by Charity Yonker in Flathead County District Court on Oct. 31.
“The Montana Department of Corrections remains committed to partnering with the community in the establishment of a prerelease center to provide justice-involved individuals, particularly residents of the Flathead area, the support they need to be successful when they are release from prison or as an alternative to incarceration,” MDOC Director Brian Gootkin said in a statement to the Beacon.
The Board of Adjustment on Oct. 1 denied the conditional use permit, citing traffic congestion, a negative impact on neighbors and added pressure to the Flathead County Sheriff’s Office.
Last August, the MDOC submitted a conditional use permit application to Flathead County for a prerelease center at 1150 East Oregon Street in Evergreen at the existing Greenwood Village Inn and Suites. A 90-bed facility was planned to provide a step-down program for male offenders to reintegrate into the community following their sentences.
In 2023, the Montana Legislature set aside $7.1 million for a prelease center in northwest Montana and the MDOC has been searching for a location since last year.
The state currently contracts with organizations to operate centers in Billings, Butte, Bozeman, Great Falls, Helena and Missoula, but the proposed Flathead County program would have been the only state-run center.
According to MDOC officials, Flathead County offenders, which account for 14.4% of the Montana State Prison population, are currently sent to other statewide prerelease centers far from their homes, which creates barriers when they return to the Flathead.
A facility was originally proposed in 2009 in Flathead County but never materialized.
Prerelease centers are designed to transition offenders back into the community with a six-month program that requires participants to work full time and receive appropriate treatments under heavy supervision.
Following several public forums and meetings with community members throughout September where officials heard concerns related to the pre-release center, the Flathead County Board of Commissioners approved the permit’s consideration of adoption in a 2-1 vote on Oct. 1. That morning, Commissioners Randy Brodehl and Brad Abell supported the facility while Pam Holmquist voted in opposition.
However, later that day, Board of Adjustment members opposed the conditional use permit. They cited traffic congestion issues in the neighborhood; however, the Flathead County Zoning Administrator found that the prerelease center would result in an estimated 272 fewer trips per day than the existing hotel.
Board of Adjustment members also raised concerns surrounding the added pressure the prerelease center could place on law enforcement, with board member Cal Dyck describing the property as a “no-man’s zone between Kalispell and the county.”
While Flathead County Sheriff Brian Heino told county commissioners at the Oct. 1 meeting that it would likely add more calls to his “maxed” department, Jail Commander Jenny Root supported the prerelease center to help reduce recidivism.
According to the complaint, the MDOC described the concern over law enforcement services as “inadequate” and “the law requires the sheriff to perform public duties,” which are already being provided at the property in its current usage.
The complaint also cites “board members making inappropriate comments about ‘mental health’ speculation regarding property values and statements about ‘feeling sorry for neighbors.’”
“Even though I think the prerelease facility is a good thing, it doesn’t necessarily capture a lot in my decision making,” Board of Adjustment member Tom Davis said at the Oct. 1 meeting. “I’m mostly looking at if it’s the right fit for the neighborhood.”