The transfer of inmates from the Cascade County Adult Detention Center to a state prison facility since they’ve already been sentenced is back on hold.
The legal dispute between Cascade County and the Montana Department of Corrections is continuing and is now before the Montana Supreme Court.
Court rules in favor of Cascade County, orders transfer of sentenced inmates to DOC custody
On April 21, District Court Judge Elizabeth Best ruled in favor of the county and ordered that 11 inmates be transferred to state prison facilities.
The county asked in early April that sentenced inmates be transported to state custody so they could start their sentences and/or treatment programs.
The same day, Gov. Steve Bullock issued a directive suspending transfers into state corrections facilities without approval from the director.
The state argues that moving the Cascade County prisoners would pose additional COVID-19 health risks.
The DOC appealed to the state supreme court which stayed the transport and gave the county and Best 20 days to prepare a response to the DOC appeal.
Last week, District Judge Greg Pinski denied the motions from Cascade County Attorney Josh Racki to transport the inmates who had been sentenced to state custody in cases in in court.
Pinski said in his order denying the request that he would not take action on a matter that related to the county’s civil suit against DOC regarding compensation of housing state prisoners in the county jail.
County sues state over unpaid fees for housing inmates at detention center
Cascade County filed suit against DOC in August 2019 and alleges that the state owes Cascade County more than $766,599 for room and board of people serving a DOC sentence at the Cascade County facility. The state is also owes the county for unpaid medical services for DOC inmates, but an amount is not specified in the lawsuit.
The county is suing the state for breach of contract, unjust enrichment and breach of implied covenant of good faith and fair dealing.
Last week, Missoula County filed a similar suit arguing that the state was in breach of contract and had not paid the appropriate per diem rate to the county for housing prisoners, resulting in a loss over several years in excess of $2 million.
