This week, state lawmakers will hear updates from the Department of Corrections on building more prison facilities, along with an overview of the programs and the gaps in programs for individuals intersecting with the criminal legal system. The state could do more to invest in upstream programs to support women and families who may intersect with the criminal legal system.
The Legislature diverted over $425 million in state dollars in 2025 to construct a new prison facility and refurbish and expand the current state prison. These efforts are often fueled by data on Montana’s incarceration rates, but what is left out of the conversation is a look at Montana’s incarceration rates compared with those elsewhere.
Montana is an outlier with other states for incarcerating women, imprisoning more women per capita than almost any other state. In an analysis by the Prison Policy Initiative, Montana has the second-highest women’s incarceration rate on a per capita basis in the country and more than twice the rate of the United States overall. In fact, Montana incarcerates more women per capita than any other country.
Montana’s incarceration rate for women has increased significantly over the past several decades. Since 1999, Montana has had a 246 percent increase in women’s incarceration. This compares to a 70 percent increase in the incarceration of men. In looking at the population admitted into secure prison facilities, Montana has imprisoned a growing number of women who have had no prior corrections history. From 2000 to 2023, over half of new offenders were admitted for non-violent crimes, including property and drug offenses. For women who may have intersected with the criminal legal system but are admitted to prison for the first time, most were admitted for drug offenses.
A long history of discrimination and lack of access to basic necessities needed to survive, like stable housing, employment, and health services, has resulted in Montana’s incarceration rate disproportionately impacting American Indians. While American Indian women make up roughly 6 percent of Montana’s population, American Indian women make up over 30 percent of the Department of Corrections population.
While the condition of the current women’s prison in Montana is an important topic to consider, adding more prison beds is not a solution to support women and families. As the Women’s Justice Commission highlights, states should take into consideration the unique circumstances of women involved in the criminal legal system. Many women face generational trauma, relationship influences, or economic insecurity that are often the instigators for involvement in the criminal system. Studies show that incarceration, in and of itself, can trigger retraumatizing women and lead to even worse outcomes. Further, the incarceration of women can have ripple effects for entire families. Women are frequently the primary caretakers of young children and family members. The criminalization of poverty disproportionately impacts women and can result in greater economic insecurity for an entire family.
Montana can take steps to invest in programs and systems that support women who are involved in, or at risk of involvement with, the criminal legal system. On Wednesday, the Public Safety Interim Budget Committee will hear from the Department of Corrections regarding the programs it provides, their associated costs, and the demand and waitlists for those programs.
While studying DOC’s current program list is a good start, Montana should think broadly about the steps it can take to interrupt harmful interactions with the criminal legal system and that can achieve better outcomes for women and their families.
• First, Montana should expand its investments in the things that families need to thrive, including safe and stable housing, access to mental health and other health services, supports for women facing domestic violence, and to support family unification. Women are more likely to self-report having experienced adverse life or health situations, including homelessness, poverty, mental health issues, domestic violence, disability, or a chronic condition. Access to health care, including mental health and substance use disorder treatment, is critical. Additionally, a lack of safe and stable housing options often results in an individual being more likely to intersect with the criminal justice system. Targeted investment in supportive housing and services can help reduce the chances that people will encounter the justice system.
• Second, the state should look at each step of the criminal legal system – from arrest to sentencing – and ways to ensure Montanans are getting the proper type of support right away. For example, mobile crisis programs provide an alternative, medical-focused response to someone who may be facing a mental health or substance use crisis. Several Montana communities have established mobile crisis programs. On Tuesday, the Health and Human Services Interim Budget Committee will be discuss the statewide crisis system. Continuing to improve and invest in these systems as alternatives to arrest should be a priority.
• Third, the state should improve diversion programs that offer restorative services to help break the cycle of criminalization. Montana lacks comprehensive diversion programs, and many women, especially in rural communities, are left with limited services that can help rehabilitate and address the underlying causes of criminal behavior. Studies show that diversion programs at arrest, pre-trial, and sentencing can help reduce jail time and recidivism, keep families more economically stable, and save the state money in the long run. This is an area where lawmakers should examine the services the state currently provides and identify gaps in those services.
There are many ways Montana can support women and families more cost-effectively on the front end. Over the next several months, MBPC will share more detail on how upfront investments can support women and families. Folks can find more information on the Interim Budget Committees discussions or to submit comment on the Public Safety IBC website.
MBPC is a nonprofit organization focused on providing credible and timely research and analysis on budget, tax, and economic issues that impact low- and moderate-income Montana families.