noCONINT PENNE RC 011 746 TITLE "corrections in Moritana:A Consultation On Corriections iln Morltana. I. INSTITUTION Montana State Advisory commit.44ee to ttle U.S. Commission on civil Rights,N Helena. I spaNs AGENCY COmmiss3.on on Civil Rights,'Washington, D.C.: '" ., PUB DATE Jan 79 , . NOTE. 67.p.; Proceed ngs cf the donference of the Montana' Advisort Comm ttee (Billings, Nontana, December . 13-14, 1-.977) - , Ak EDRS' PRICE MF01/PC03 Plui Postage. 4, .DESCRIPTORS *American Indiaws:'Civil Liberties; Civil Rights: . Coriectional Rehabilitation: *Corrective Institutions: Delinquent Rehabilltaticni b,iscriminatory Legislation:-Due Process: *Equar'. Protection: Females: Government Role; Legal Aid; *prisoners: *Program fmprovement: BaCial Discrimination: *Rehabikitaticn P ograms; Sex. Discrimination: Sstate Actiiln: Stat -Programs _ IDENTIFIERS *Montana 4 ABSTRACT The findings and recommeti4ations of a'two-day donference.on the civil.and human rights of inmates of Mohitanals correctional institutions are contained in this report. The v,iews of private citizens and experts from .loCal, state, and federal : crganizations are presented in edited form under seven subject. headings: existing prison reform legislation, the role.of-state e government in corrections, corrections philosciphy, the history of corrections in Montana,- the rOle of women.ln corrections', the juvenile offetdert'and alternatives to traditional Conepts of cOrrections. Key issues-were the special needs of lemalev. American Irldian, and juvenile offenders and the need for-a viable correCtions philosoOhyas a foundation for positive cha1y10.n McntaWs correction'S program, Recommendatiots bas0 vn the conference-findings incl\re a:study to exPlore alternatives to ili)carcerat4one-creation of an mate advOcate positiOt, a cenler to coordinate services to-wOmen p4 offenders,'and le4islattot'tp prOtect the rights of.juVenile offenders.'Additional recommendations, in view of the .".disprop ttionate'number of American Indians in .the Montana prison -pppUlati nvare thai an American Indian servoron.the'parole board.and that th Dmpartmedlivof Institutions,. in cooperation with the.Indian tribes1 jftiire at least bnq person especially dOnCerned: with allevia ion of the cultural,and oorrectional toblems'of the American' Inclian offender. 1411) 4. eff I " 4 4****************************************************;0********100**4 1eproduotions 'Supplied 111, ros are. the' best that oan b made' . .* . * f;cm the oriqinekl 'documento */, *44*********************0*********1************** *1*************#**** o to. DEPARTMENT Or WEALTH, EDUCATION WELFARI NATIONAL INSTITUTE 00 EDUCATION THIS DOCUMENT HAS oteN REPRO. DUCE() EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN- AT INC, IT POINTS (IF VIVA, OR OPINIONS STATED DO NOT,NECESSARILY REPRE- SENT OFFICIAL NATIONAL INSTITUTE OF EDUCATION pOSITION OR POLICY 4 4 Correetions in Montana: Consultation A CONSULTATION UN CORRECTIONSIN . MONTANA A report prepared toy. the Montana.0visory . Committee tohe, United Stafes Commis- sion on Civil Rights 6 , U S COMMISSION ON C,IVIL RIGHTS FOURTH CLASS MAIL WASHIN(. I ON 0 C 20425 POSTAGE AND FEES PAID U S COMMISSION ON CIVIL RIGHTS PERMIT NO G73 F ICIAL ()OSHA SS 'PENAL Ty FOR PRIVATE USE S300. ) ATTRIBUTION: The findings and recommendations corIlained in this report are thoso of tho Montana Adviso- ry Committee to the United States ComMission on Civil Rights_ and, as .such, are not attributa- ble to the Commission. This report has been , prepared by the State Advisory Committee for -submission to, the Commission and will becon- sidered by the Commission in formulating its A3commendationstothe PreOdent and the Congress.% RIGHT OF RESPONSE: Prior to the publication ofa report, the State Advisory Committees afford to all intf vidualsor organizations that may bse defamed,egraded, , or incriminated by any Materialont ined in '-the report an opportunity to respO writing A , to such material, All responses have been in-. corporated, Oppendeilor otherwiseoreflooted in the publication, Ponsigo by 1110,BuperIntendent ofDoctotiintOmi, nomanest tiltaltsrg)fletNNisshlottist.D.C. 20402 LETTER OF TRANSMiTTAC .1 .The Monkatht Advisory Committee j. to the U.S. Commission on Civil Rights - January 1979 MEMBERS OF THE COMMISS4ON .-Arthux S. rlemmittg, . hen, Horn, Pke Chgirman A Ftankie Freeman - ,Manuel Ruiz, Jr. Murray Saltzman Naliez, .4 clingStaff Direclo, 0 Va. Dear People: \ The Montana Advisory Committee to the U.S. Commission on Civil Rights, pursuant to its responsi- bility. toinvestigate civil rights problems initsregion, submits this report on the corrections consultation held in Billings, Montana, on December L3 'and 14,. 1977.. , During the previous year, membas of the Montana Advisory Cothtnittee listened to concerns of 'inmates at the Montana Slate Penitentiary and visited prison faeilities. Data were developed on the extent to which subgroups of the prison Pp-ulation because of their sex or .race weredenied oppor- tunities, advantages, and rights :afforded to the general population. The Advisory Committee was 'concernedabout allegations that minoribies were treated differently .from whites in terms ofwrison assignmcntS and visitation privileges. - Though theee was ample documentation ki demonstrate that the number of Native American inmates the Montana State Penitentiary" was far out bf proportion to their representation in the general nmiation ot the State, infonliation was lacking As tb what caused this disparity. There alsq Was a 'dearth of information to indicate the extent to which, as alleged, inCarceration of Indian inni was detrimental to their rehabilitation, values, and beliefs. 0 , in 'light of these doncerns. th; Advisory. Committee conducted a consultation on corrections in Montana to examine standards used 'for the treatMent of inmates .and for providing opportunitieS for 'Their welfare, training, and, rehabilitation, The Committee sOught to detect any disparate treatment of inmates beeause,of race and sex.. Althotigh female arid juvenile.offenders .4recit housed at the ,,Wiontana Siate ,PrisOn,..specific issues affeCting their. incaneratkm were also addresid by .the . , . t . , Committee. \ , . , , .i. , . ._ . , The purpose of 016 corrections consultation. was -to collect information that would enable State 4 . representatives to draft legislation aAuring the basic tivil and haman righto of inmates ofcorreetionni institutionSiin Montana. It also Vrovided a forum for th e. diseussiOn of existing prison reform legislti-: 1 ' tion, allowed experts to explore alternatives to traditional concepts of corrections, informed the public about the correetiotial institutions itt Montana, and cncoucaged citizen participation in thevotreational system. \ S. /1. ii 1 v 4 " This report encapsulates the various sessions of ,t the-consultation. Participants stated that,--in order for positive change to take Place in tte correetions.pr4ram in Montana,a viable corrections philosophy woad have to be develOped.They further concluded that the publie rethained Uninformed-of-the goals and objectives of Montana's correctional:institutions; hence,:diverse approaches within the eorrections system citacethate public confusion.Alternatives to incarceration Were much discusSed and a great deal of emphasis was placfton the need forupholding those rights guaranteed to .prisoners:. The need for*xpediting the rehabilitativeprocess,i4t4t,Special conskfehitiongiven to female, mincki y, and hivenile offenders, was alsoa kcy issue of discussion. Traditional value& conZerningwomen a d juveniles, as expressed in general' American culture,were found to place a disproportionate hirdSh' upon those ttvo groups as they encounter the criminal justice system. We urge you to consider this report and make publieyour reaction to-it... -Op Sincerely,/ Ernie Bighoxn. chairperson Montana AdvisorS, Committee -e :" edi Irk ' (4)01p. , ..MEMBERSHIP . MONTANA. ADVIWRVTOMMITTEE,T6THE . VNITEDSTATES COMMISSION ,ON CIVIL ,.RIGHTS 4 Ernest C. Ilighorn, Chair Miles City Re JacobBeck -Great Falls .t 4phn C.:Alpard ,Great Falls %.1 . Dprothy Bradley ,Bozeman Russell 'onklin Great V4118 1. 4 Mittia .,Federico iames.ponzales Billings Joan Kenner ly . Browning t$W Joseph McDonald Ronan Helen Peterson Helena N., Angela Russell Lodgegrass Marie Sanchez Lame Deer .Geraldine Travis ;.Great Falls .1 ' 4. ik;* .1":ere THE UNITED STATES COMMISSION ON, CIVIL RIGHTS The United States Commission on Civil Rights,.created by the Civil Rights Act of 1957, is an independent, bipartisan .agency of tile exec:utive branch' of the Federal Government. By .the terms.of the act, .as amended, the ComMission is charged .ivith the following duties pertaining . to discrimination or denials of the equal protection of the laws baSed on. race, color, religion, *sex, age, handicap, or national origin, or in the administration of justice: itrhtigation orin- dividual discriminatory denials,of the right to vote; study of legardevelopments with respedt to discrimination or denials Of the, equal protection'of the law;, appraisal of the laws and policies cif the United States with respect to diserimitiation or denials of equal protection of the law; maintenance of a natiohal clearinghouse for information respecting aiscrimination or denials of equal protection of the law; and investigation of patterns of praetices.or fraud or disfriminatitm in the conduct of Federal electiOns. The Commission is also required to Submit repbirts to the President and the CongressOt such