Flathead County and State Reach Agreement to Establish Prerelease Center in Evergreen

The Flathead County Board of Adjustment (BOA) on Tuesday night reached a settlement agreement that will allow the Montana Department of Corrections (MDOC) to move forward in establishing a prerelease center in Evergreen.

Last year, the MDOC filed a lawsuit in district court against Flathead County for denying the agency’s conditional use permit application for the prerelease center. Despite the permit’s initial rejection and widespread opposition from neighbors over the past several months, construction of the facility is now set to move forward at the existing Greenwood Village Inn and Suites property.

Located at 1150 East Oregon Street in Evergreen, the location will accommodate a 90-bed facility to provide a step-down program for male offenders to reintegrate into the community following incarceration.

The BOA initially denied the permit in October after the Flathead County Board of Commissioners approved the permit’s consideration of adoption. On Tuesday, however, board members Tom Davis, Calvin Dyck and Jim Dyon passed the permit unanimously while Roger Noble recused himself from the vote.

In its lawsuit, MDOC officials accused the BOA 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 DOC attorney Charity Yonker in Flathead County District Court on Oct. 31.

During the April 1 meeting, attorney Susan Swimley, who is representing Flathead County, informed the BOA members that the lawsuit alleges they acted outside of their authority in denying the permit. If they opted to reject the terms of the settlement, Swimley said the matter would be left for a judge to decide, and any conditions in the settlement would likely be thrown out.

In the BOA’s decision, members cited inadequate access to the facility that would have caused traffic congestion, a negative economic impact to neighbors and added pressure on the Flathead County Sheriff’s Office. 

“I want to assure you, the location is not within your authority as the Board of Adjustment,” Swimley said. “The county commissioners – because this is a proposed conditional use permit of a prerelease center – held two hearings and they actually considered in their authority whether it was an appropriate location and whether it was safe for the public. That was part of their decision; that’s not part of your decision.”

According to the settlement, the MDOC and Flathead County will have a memorandum of understanding (MOU) designed “to work cooperatively with one another to promote awareness of the reintroduction of offenders back into the community,” which will include conditions that both agencies have already agreed upon.

Swimley advised the BOA to accept the settlement, which avoids the risk of a judge ruling in favor of the MDOC.

“You risk having a judge decide that you did not have sufficient information before you to deny the application, which could result in the court granting the conditional use permit with fewer or no conditions,” Swimley said. “Our recommendation would be that you settle the case and eliminate the risk.”

While board members were hesitant and felt they were being “pushed,” the BOA proceeded with a counter settlement that will prevent litigation and will allow the prerelease center facility to move forward.

“I’m open to settle with the additional conditions, so that we can negotiate with the MDOC and make this work,” Dyck said. “My main goal and concern is I want to make sure we keep the conditions on the proposal so we can do what we can to make sure they are fulfilling what they said they were going to do.”

“I think there are no good options,” Davis added.

According to the additional conditions in the settlement, the MDOC has agreed to utilize the northwestern road for ingress and egress to address concerns of inadequate space for two-way traffic.

The MOU also establishes an agreement that requires the state to give a 10-day notice regarding placements of offenders while a point of contact must be designated as the state’s liaison.

The settlement is the most recent development in the prerelease center saga, which began in 2009 when a facility was proposed in Flathead County but never materialized. In 2023, the Montana Legislature set aside $7.1 million for a prerelease center in northwest Montana and MDOC officials have been searching for a location since last year.

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.

Prerelease centers are designed to transition offenders back into the community through a six-month program that requires participants work full time and receive appropriate treatments under intensive supervision.

Following several public forums and meetings with community members last fall 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.  Commissioners Randy Brodehl and Brad Abell supported the facility while Pam Holmquist voted in opposition.

BOA members later denied the conditional use permit, citing 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.

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