- unclear, seems like leans conservative
- MONT. CONST., Art. II § 22 (“Excessive bail shall not be required, or excessive fines
imposed, or cruel and unusual punishments inflicted.”).
140 MONT. CONST., Art. II § 4 (“The dignity of the human being is inviolable. No
person shall be denied the equal protection of the laws. Neither the state nor any person,
firm, corporation, or institution shall discriminate against any person in the exercise of
his civil or political rights on account of race, color, sex, culture, social origin or
condition, or political or religious ideas.”)
- Montana’s 2019 legislation requires restrictive housing be used only “as a response to the most serious and threatening behavior,” and “for the shortest time possible,” and with the “least restrictive” conditions possible. Solitary confinement is banned, absent extenuating circumstances, for pregnant prisoners, for youth if placement is 24 hours or more, and for prisoners with a serious mental disorder if placement is for more than 14 days. Placement in solitary may not exceed 22 hours a day. The bill also requires mental health appraisal within 72 hours of placement, as well as status review every week for the first 60 days. The law creates a requirement for step-down programing if placement exceeds 30 days. HB 763, 2019 Leg., Reg. Sess. (Mont. 2019).
- MONT. CODE ANN. §§ 25-10-109, 25-10-404,46-18-237 (2001)
