HELENA — For much of the Montana Legislature’s 2025 session, lawmakers have debated the need for more prison capacity in the state. They’re looking at more than $400 million in spending this session, aimed at addressing that issue.

(Watch the video for more on the bills addressing prison capacity this session.)

In Gov. Greg Gianforte’s budget proposal prior to the session, state leaders said Montana’s prison system was facing “critical overcrowding,” with men’s facilities 5% over capacity and women’s facilities 14% over capacity. They pointed to projections saying the state would need 1,300 more prison beds for men and 230 more beds for women by 2044.

On Tuesday, the Senate gave initial approval to House Bill 833, 42-8. The bill, sponsored by Rep. John Fitzpatrick, R-Anaconda, sets aside $250 million: $4 million of it for assessing the current prison system and planning for future changes, and $246 million for renovating and building prison facilities – specifically including a new facility for housing female offenders.

“What this bill does is it recognizes the fact that we need beds,” said Sen. John Esp, R-Big Timber. “It sets aside money to try to figure out the most economic or thoughtful way to go forward with getting beds.”

Esp said there are currently dozens of inmates in jails waiting for spaces at the Montana State Prison in Billings. He said the state is also looking at converting the Riverside Special Needs Unit – a correctional facility in Boulder that currently holds up to 25 male inmates with long-term medical needs – so it can house women. However, he said that would be a short-term solution, and a longer-term option was still needed.

“In about four or five years, we'll have a lot more capacity at Deer Lodge for men, and I think we will have capacity – at least at the projected rates of growth in that population – to house most of our male prisoners there,” Esp said. “So we need to do the same with female prisoners.”

House Bill 5, the session’s major bill to fund large capital projects, includes another $150 million to build two new lower-security housing pods at the Montana State Prison in Deer Lodge, adding 512 beds. It follows the 2023 session, when the Legislature approved another $150 million to rebuild some of the existing housing pods there.

HB 5 passed the Senate Finance and Claims Committee last week and will now head to the full Senate for consideration.

Also on Tuesday, the Senate gave initial approval to House Bill 643, 48-2. It appropriates state money to reimburse counties for holding people in their jails while they await court-ordered mental evaluations or placement in a facility like the Montana State Hospital.

HB 833 will head to Gianforte’s desk if it passes a final vote in the Senate. HB 643 was amended in the Senate and will need to return to the House if it passes a final vote.