Legislature Overrides Gianforte’s Veto of Bill Reimbursing County Jails for Holding State Inmates 

The Montana Legislature has voted to override Gov. Greg Gianforte’s veto of a bill to reimburse local jails for holding inmates waiting for a bed at the state mental hospital. 

By the July 14 deadline, 67 representatives and 34 senators voted to override the veto of House Bill 643. The override required two-thirds majorities in each chamber, meaning the House vote succeeded by one vote. Legislators who did not return their ballots in time were counted as votes against the override. 

Bill sponsor Rep. Tracy Sharp, R-Polson, told Montana Free Press that the veto reversal was sensible given the bill’s bipartisan support. 

“I’m happy we got a lot of support from both sides of the aisle,” he said. “[County] commissioners from all across the state know we need this. I know it’s not the final answer to this problem, but it will give us invaluable data for when we return in 2027 to figure out the best way ahead and see where we’re at at that point with the mental health crisis and what facilities and beds in the interim have been made available.” 

HB 643 appropriated one-time funding of $6 million from the state’s Behavioral Health System for Future Generations fund to reimburse counties for Department of Public Health and Human Services inmates. The department currently does not reimburse counties at all for the cost of holding inmates waiting for a bed at the Montana State Hospital or other state facilities.

When asked for a comment Wednesday, the governor’s office pointed to Gianforte’s June 12 veto letter. In the letter, Gianforte highlighted other solutions aimed at alleviating behavioral health-related challenges in local jails, including millions of dollars allocated to build a new behavioral health facility in eastern Montana and renovate the Montana State Hospital to free up space. Gianforte also pointed to money available to counties through the Behavioral Health System for Future Generations fund to complete court-ordered evaluations and stabilization services locally. 

Gianforte wrote that the issue requires a long-term solution and that HB 643 is only an “expensive Band-Aid.” 

Sharp said the money will run out, but tracking how it is spent will help lawmakers create a better bill in 2027. 

“The way ahead is bright, and I’m glad my fellow legislators saw this was important enough to override the veto,” he said. 

Local officials agreed that further solutions are needed but that the money is necessary to help offset the high costs of holding a growing number of mentally ill state inmates. 

Missoula County Attorney Matt Jennings said the money will be incredibly helpful, and he thanked legislators for recognizing the burden on local jails. As of Wednesday, Missoula had 24 inmates waiting for a bed in the state hospital or another facility, Jennings said. 

“It’s easy to look at HB 643 and think it’s about the money,” he said. “But it’s about how we treat mentally ill people.” 

Many people are left in jail for long periods without the rehabilitation they need before re-entering communities, Jennings said. That can put them and others in danger, he said. Missoula County is “getting bombarded” with motions to dismiss cases due to delays in defendants receiving ordered treatment, Jennings said. It’s a matter of time before a murderer or rapist gets released into the community because of those delays, he said. 

“It’s a pretty big deal,” Jennings said. “It literally keeps me up at night. Hopefully, we can make some progress.”

While the Missoula jail provides mental health care, it cannot provide the same level of treatment as state facilities, Jennings said. The HB 643 money helps counties address the problem locally, but it remains a state responsibility, he said.  

Jennings said he is “cautiously optimistic” about the related projects funded by the Legislature, but there is sometimes a “disconnect” between policymakers and local communities. While the county waits to see the results of those projects, it will continue to try to collaborate with the state to provide better outcomes for individuals and communities, he said. 

This story originally appeared in the Montana Free Press, which can be found online at montanafreepress.org.